30 CFR 774.15 Permit renewals.
(a) General. A valid permit, issued pursuant to an approved
regulatory program, shall carry with it the right of successive renewal,
within the approved boundaries of the existing permit, upon expiration
of the term of the permit.
(b) Application requirements and procedures. (1) An application for
renewal of a permit shall be filed with the regulatory authority at
least 120 days before expiration of the existing permit term.
(2) An application for renewal of a permit shall be in the form
required by the regulatory authority and shall include at a minimum --
(i) The name and address of the permittee, the term of the renewal
requested, and the permit number or other identifier;
(ii) Evidence that a liability insurance policy or adequate
self-insurance under 800.60 of this chapter will be provided by the
applicant for the proposed period of renewal;
(iii) Evidence that the performance bond in effect for the operation
will continue in full force and effect for any renewal requested, as
well as any additional bond required by the regulatory authorities
pursuant to subchapter J of this chapter;
(iv) A copy of the proposed newspaper notice and proof of publication
of same, as required by 778.21 of this chapter; and
(v) Additional revised or updated information required by the
regulatory authority.
(3) Applications for renewal shall be subject to the requirements of
public notification and public participation contained in 773.13 and
773.19(b) of this chapter.
(4) If an application for renewal includes any proposed revisions to
the permit, such revisions shall be identified and subject to the
requirements of 774.13.
(c) Approval process -- (1) Criteria for approval. The regulatory
authority shall approve a complete and accurate application for permit
renewal, unless it finds, in writing that --
(i) The terms and conditions of the existing permit are not being
satisfactorily met;
(ii) The present surface coal mining and reclamation operations are
not in compliance with the environmental protection standards of the Act
and the regulatory program;
(iii) The requested renewal substantially jeopardizes the operator's
continuing ability to comply with the Act and the regulatory program on
existing permit areas;
(iv) The operator has not provided evidence of having liability
insurance or self-insurance as required in 800.60 of this chapter;
(v) The operator has not provided evidence that any performance bond
required to be in effect for the operation will continue in full force
and effect for the proposed period of renewal, as well as any additional
bond the regulatory authority might require pursuant to subchapter J of
this chapter; or
(vi) Additional revised or updated information required by the
regulatory authority has not been provided by the applicant.
(2) Burden of proof. In the determination of whether to approve or
deny a renewal of a permit, the burden of proof shall be on the
opponents of renewal.
(3) Alluvial valley floor variance. If the surface coal mining and
reclamation operation authorized by the original permit was not subject
to the standards contained in sections 510(b)(5) (A) and (B) of the Act
and 785.19 of this chapter, because the permittee complied with the
exceptions in the proviso to section 510(b)(5) of the Act, the portion
of the application for renewal of the permit that addresses new land
areas previously identified in the reclamation plan for the original
permit shall not be subject to the standards contained in sections
510(b)(5) (A) and (B) of the Act and 785.19 of this chapter.
(d) Renewal term. Any permit renewal shall be for a term not to
exceed the period of the original permit established under 773.19.
(e) Notice of decision. The regulatory authority shall send copies
of its decision to the applicant, to each person who filed comments or
objections on the renewal, to each party to any informal conference held
on the permit renewal, and to OSM if OSM is not the regulatory
authority.
(f) Administrative and judicial review. Any person having an
interest which is or may be adversely affected by the decision of the
regulatory authority shall have the right to administrative and judicial
review set forth in part 775 of this chapter.
30 CFR 774.17 Transfer, assignment, or sale of permit rights.
(a) General. No transfer, assignment, or sale of rights granted by a
permit shall be made without the prior written approval of the
regulatory authority.
(b) Application requirements. An applicant for approval of the
transfer, assignment, or sale of permit rights shall --
(1) Provide the regulatory authority with an application for approval
of the proposed transfer, assignment, or sale including --
(i) The name and address of the existing permittee and permit number
or other identifier;
(ii) A brief description of the proposed action requiring approval;
and
(iii) The legal, financial, compliance, and related information
required by part 778 of this chapter for the applicant for approval of
the transfer, assignment, or sale of permit rights.
(2) Advertise the filing of the application in a newspaper of general
circulation in the locality of the operations involved, indicating the
name and address of the applicant, the permittee, the permit number or
other identifier, the geographic location of the permit, and the address
to which written comments may be sent;
(3) Obtain appropriate performance bond coverage in an amount
sufficient to cover the proposed operations, as required under
subchapter J of this chapter.
(c) Public participation. Any person having an interest which is or
may be adversely affected by a decision on the transfer, assignment, or
sale of permit rights, including an official of any Federal, State, or
local government agency, may submit written comments on the application
to the regulatory authority within a time specified by the regulatory
authority.
(d) Criteria for approval. The regulatory authority may allow a
permittee to transfer, assign, or sell permit rights to a successor, if
it finds in writing that the successor --
(1) Is eligible to receive a permit in accordance with 773.15 (b)
and (c) of this chapter;
(2) Has submitted a performance bond or other guarantee, or obtained
the bond coverage of the original permittee, as required by subchapter J
of this chapter; and
(3) Meets any other requirements specified by the regulatory
authority.
(e) Notification. (1) The regulatory authority shall notify the
permittee, the successor, commenters, and OSM, if OSM is not the
regulatory authority, of its findings.
(2) The successor shall immediately provide notice to the regulatory
authority of the consummation of the transfer, assignment, or sale of
permit rights.
(f) Continued operation under existing permit. The successor in
interest shall assume the liability and reclamation responsibilities of
the existing permit and shall conduct the surface coal mining and
reclamation operations in full compliance with the Act, the regulatory
program, and the terms and conditions of the existing permit, unless the
applicant has obtained a new or revised permit as provided in this
subchapter.
30 CFR 774.17 PART 775 -- ADMINISTRATIVE AND JUDICIAL REVIEW OF
DECISIONS
Sec.
775.1 Scope and purpose.
775.11 Administrative review.
775.13 Judicial review.
Authority: 30 U.S.C. 1201 et seq.
Source: 48 FR 44397, Sept. 28, 1983, unless otherwise noted.
30 CFR 775.1 Scope and purpose.
This part provides requirements for administrative and judicial
review of decisions on permits.
30 CFR 775.11 Administrative review.
(a) General. Within 30 days after an applicant or permittee is
notified of the decision of the regulatory authority concerning an
application for approval of exploration required under part 772 of this
chapter, a permit for surface coal mining and reclamation operations, a
permit revision, a permit renewal, or a transfer, assignment, or sale of
permit rights, the applicant, permittee, or any person with an interest
which is or may be adversely affected may request a hearing on the
reasons for the decision, in accordance with this section.
(b) Administrative hearings under State programs. (1) The regulatory
authority shall start the administrative hearing within 30 days of such
request. The hearing shall be on the record and adjudicatory in nature.
No person who presided at an informal conference under 773.13(c) shall
either preside at the hearing or participate in the decision following
the hearing or administrative appeal.
(2) The regulatory authority may, under such conditions as it
prescribes, grant such temporary relief as it deems appropriate, pending
final determination of the proceeding, if --
(i) All parties to the proceeding have been notified and given an
opportunity to be heard on a request for temporary relief;
(ii) The person requesting that relief shows that there is a
substantial likelihood that he or she will prevail on the merits of the
final determination of the proceeding;
(iii) The relief sought will not adversely affect the public health
or safety, or cause significant, imminent environmental harm to land,
air, or water resources; and
(iv) The relief sought is not the issuance of a permit where a permit
has been denied, in whole or in part, by the regulatory authority except
that continuation under an existing permit may be allowed where the
operation has a valid permit issued under section 510 of the Act.
(3) The hearing shall be conducted under the following conditions:
(i) The hearing authority may administer oaths and affirmations,
subpoena witnesses and written or printed materials, compel attendance
of witnesses or production of those materials, compel discovery, and
take evidence, including, but not limited to, site inspections of the
land to be affected and other surface coal mining and reclamation
operations carried on by the applicant in the general vicinity of the
proposed operations.
(ii) A verbatim record of each public hearing required by this
section shall be made, and a transcript made available on the motion of
any party or by order of the hearing authority.
(iii) Ex parte contacts between representatives of the parties
appearing before the hearing authority and the hearing authority shall
be prohibited.
(4) Within 30 days after the close of the record, the hearing
authority shall issue and furnish the applicant and each person who
participated in the hearing with the written findings of fact,
conclusions of law, and order of the hearing authority with respect to
the appeal of the decision.
(5) The burden of proof at such hearings shall be on the party
seeking to reverse the decision of the regulatory authority.
(c) Administrative hearings under Federal programs and Federal lands
programs. All hearings, under a Federal program for a State or a
Federal lands program except as may be modified by a cooperative
agreement pursuant to part 745 of this chapter, on an application for
approval of exploration, a permit for surface coal mining and
reclamation operations, permit revision, a permit renewal, or a
transfer, assignment, or sale of permit rights shall be of record and
governed by 5 U.S.C. 554 and 43 CFR part 4.
30 CFR 775.13 Judicial review.
(a) General. Any applicant or any person with an interest which is
or may be adversely affected and who has participated in the
administrative hearings as an objector may appeal as provided in
paragraph (b) or (c) of this section if --
(1) The applicant or person is aggrieved by the decision of the
hearing authority in the administrative hearing conducted pursuant to
775.11 of this chapter; or
(2) Either the regulatory authority or the hearing authority for
administrative review under 775.11 of this chapter fails to act within
applicable time limits specified in the Act, this chapter, or the
regulatory program.
(b) Judicial review under State programs. The action of the hearing
authority identified in paragraph (a) of this section shall be subject
to judicial review by a court of competent jurisdiction, as provided for
in the State program, but the availability of such review shall not be
construed to limit the operation of the rights established in section
520 of the Act.
(c) Judicial review under Federal programs and Federal lands
programs. The action of the hearing authority identified in paragraph
(a) of this section is subject to judicial review by the U.S. District
Court for the district where the coal exploration or surface coal mining
and reclamation operation is or would be located, except for judicial
review of State regulatory authority actions in a State court of
competent jurisdiction as may be provided for in a cooperative
agreement, in the time and manner provided for in section 526 (a)(2),
(b) and (e) of the Act. The availability of such review shall not be
construed to limit the operation of the rights established in section
520 of the Act.
30 CFR 775.13 PART 777 -- GENERAL CONTENT REQUIREMENTS FOR PERMIT
APPLICATIONS
Sec.
777.1 Scope.
777.10 Information collection.
777.11 Format and contents.
777.13 Reporting of technical data.
777.14 Maps and plans: General requirements.
777.15 Completeness.
777.17 Permit fees.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq.
Source: 48 FR 44398, Sept. 28, 1983, unless otherwise noted.
30 CFR 777.1 Scope.
This part provides minimum requirements concerning the general
content for permit applications under a State or Federal program.
30 CFR 777.10 Information collection.
The information collection requirements contained in part 777 have
been approved by the Office of Management and Budget under 44 U.S.C.
3507 and assigned clearance number 1029-0032. The information is being
collected to meet the requirements of sections 507, 508, and 510(b) of
the Act. It provides general requirements for permit application format
and contents. The obligation to respond is mandatory.
30 CFR 777.11 Format and contents.
(a) An application shall --
(1) Contain current information, as required by this subchapter;
(2) Be clear and concise; and
(3) Be filed in the format required by the regulatory authority.
(b) If used in the application, referenced materials shall either be
provided to the regulatory authority by the applicant or be readily
available to the regulatory authority. If provided, relevant portions
of referenced published materials shall be presented briefly and
concisely in the application by photocopying or abstracting and with
explicit citations.
(c) Applications for permits; revisions; renewals; or transfers,
sales or assignments of permit rights shall be verified under oath, by a
responsible official of the applicant, that the information contained in
the application is true and correct to the best of the official's
information and belief.
30 CFR 777.13 Reporting of technical data.
(a) All technical data submitted in the application shall be
accompanied by the names of persons or organizations that collected and
analyzed the data, dates of the collection and analysis of the data, and
descriptions of the methodology used to collect and analyze the data.
(b) Technical analyses shall be planned by or under the direction of
a professional qualified in the subject to be analyzed.
30 CFR 777.14 Maps and plans: General requirements.
(a) Maps submitted with applications shall be presented in a
consolidated format, to the extent possible, and shall include all the
types of information that are set forth on topographic maps of the U.S.
Geological Survey of the 1:24,000 scale series. Maps of the permit area
shall be at a scale of 1:6,000 or larger. Maps of the adjacent area
shall clearly show the lands and waters within those areas and be in a
scale determined by the regulatory authority, but in no event smaller
than 1:24,000.
(b) All maps and plans submitted with the application shall
distinguish among each of the phases during which surface coal mining
operations were or will be conducted at any place within the life of
operations. At a minimum, distinctions shall be clearly shown among
those portions of the life of operations in which surface coal mining
operations occurred --
(1) Prior to August 3, 1977;
(2) After August 3, 1977, and prior to either --
(i) May 3, 1978; or
(ii) In the case of an applicant or operator which obtained a small
operator's exemption in accordance with 710.12 of this chapter, January
1, 1979;
(3) After May 3, 1978 (or January 1, 1979, for persons who received a
small operator's exemption) and prior to the approval of the applicable
regulatory program;
(4) After the estimated date of issuance of a permit by the
regulatory authority under the approved regulatory program.
30 CFR 777.15 Completeness.
An application for a permit to conduct surface coal mining and
reclamation operations shall be complete and shall include at a minimum
--
(a) For surface mining activities, the information required under
parts 778, 779, and 780 of this chapter, and, as applicable to the
operation, part 785 of this chapter; and
(b) For underground mining activities, the information required under
parts 778, 783, and 784 of this chapter, and, as applicable to the
operation, part 785 of this chapter.
30 CFR 777.17 Permit fees.
An application for a surface coal mining and reclamation permit shall
be accompanied by a fee determined by the regulatory authority. The fee
may be less than, but shall not exceed, the actual or anticipated cost
of reviewing, administering, and enforcing the permit. The regulatory
authority may develop procedures to allow the fee to be paid over the
term of the permit.
30 CFR 777.17 PART 778 -- PERMIT APPLICATIONS -- MINIMUM REQUIREMENTS
FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION
Sec.
778.1 Scope and purpose.
778.10 Information collection.
778.13 Identification of interests.
778.14 Violation information.
778.15 Right-of-entry information.
778.16 Status of unsuitability claims.
778.17 Permit term.
778.18 Insurance.
778.21 Proof of publication
778.22 Facilities or structures used in common.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq., and Pub. L.
100-34.
Source: 48 FR 44399, Sept. 28, 1983, unless otherwise noted.
30 CFR 778.1 Scope and purpose.
This part establishes the minimum requirements for the permit
applications for surface coal mining and reclamation operations under a
State or Federal program. This part covers minimum legal, financial,
and compliance requirements and general information that must be
contained in permit applications. This part applies to any person who
submits an application to a regulatory authority for a permit to conduct
surface coal mining and reclamation operations.
30 CFR 778.10 Information collection.
The information collection requirements contained in part 778 have
been approved by the Office of Management and Budget under 44 U.S.C.
3507 and assigned clearance number 1029-0034. The information is being
used to meet the requirements of sections 201, 507(b), 508(a), and
510(c) of the Act, which require that persons conducting surface coal
mining operations submit to the regulatory authority relevant
information regarding ownership and control of the property to be
affected by such operations, compliance status and history. This
information will be used by the regulatory authority to insure that all
legal, financial and compliance requirements are satisfied prior to
making a decision to issue or deny a permit under the permanent
regulatory program. Except where specifically noted, the obligation to
respond is mandatory in accordance with sections 201(c)(1), 201(c)(2),
501(b), 507(b), 510(c), and 571(b)(1)(E).
(54 FR 8992, Mar. 2, 1989)
30 CFR 778.13 Identification of interests.
An application shall contain the following information, except that
the submission of a social security number is voluntary:
(a) A statement as to whether the applicant is a corporation,
partnership, single proprietorship, association, or other business
entity.
(b) The name, address, telephone number and, as applicable, social
security number and employer identification number of the:
(1) Applicant;
(2) Applicant's resident agent; and
(3) Person who will pay the abandoned mine land reclamation fee.
(c) For each person who owns or controls the applicant under the
definition of ''owned or controlled'' and ''owns or controls'' in 773.5
of this chapter, as applicable:
(1) The person's name, address, social security number and employer
identification number;
(2) The person's ownership or control relationship to the applicant,
including percentage of ownership and location in organizational
structure;
(3) The title of the person's position, date position was assumed,
and when submitted under 773.17(i) of this chapter, date of departure
from the position;
(4) Each additional name and identifying number, including employer
identification number, Federal or State permit number, and MSHA number
with date of issuance, under which the person owns or controls, or
previously owned or controlled, a surface coal mining and reclamation
operation in the United States within the five years preceding the date
of the application; and
(5) The application number or other identifier of, and the regulatory
authority for, any other pending surface coal mining operation permit
application filed by the person in any State in the United States.
(d) For any surface coal mining operation owned or controlled by
either the applicant or by any person who owns or controls the applicant
under the definition of ''owned or controlled'' and ''owns or controls''
in 773.5 of this chapter, the operation's:
(1) Name, address, identifying numbers, including employer
identification number, Federal or State permit number and MSHA number,
the date of issuance of the MSHA number, and the regulatory authority;
and
(2) Ownership or control relationship to the applicant, including
percentage of ownership and location in organizational structure.
(e) The name and address of each legal or equitable owner of record
of the surface and mineral property to be mined, each holder of record
of any leasehold interest in the property to be mined, and any purchaser
of record under a real estate contract for the property to be mined.
(f) The name and address of each owner of record of all property
(surface and subsurface) contiguous to any part of the proposed permit
area.
(g) The Mine Safety and Health Administration (MSHA) numbers for all
mine-associated structures that require MSHA approval.
(h) A statement of all lands, interest in lands, options, or pending
bids on interests held or made by the applicant for lands contiguous to
the area described in the permit application. If requested by the
applicant, any information required by this paragraph which is not on
public file pursuant to State law shall be held in confidence by the
regulatory authority, as provided under 773.13(d)(3)(ii) of this
chapter.
(i) After an applicant is notified that his or her application is
approved, but before the permit is issued, the applicant shall, as
applicable, update, correct or indicate that no change has occurred in
the information previously submitted under paragraphs (a) through (d) of
this section.
(j) The applicant shall submit the information required by this
section and by 778.14 of this part in any prescribed OSMRE format that
is issued.
(48 FR 44399, Sept. 28, 1983, as amended at 54 FR 8992, Mar. 2, 1989)
30 CFR 778.14 Violation information.
Each application shall contain the following information:
(a) A statement of whether the applicant or any subsidiary,
affiliate, or persons controlled by or under common control with the
applicant has --
(1) Had a Federal or State coal mining permit suspended or revoked in
the 5 years preceding the date of submission of the application; or
(2) Forfeited a performance bond or similar security deposited in
lieu of bond.
(b) A brief explanation of the facts involved if any such suspension,
revocation, or forfeiture referred to in paragraphs (a) (1) and (2) of
this section has occurred, including --
(1) Identification number and date of issuance of the permit, and the
date and amount of bond or similar security;
(2) Identification of the authority that suspended or revoked the
permit or forfeited the bond and the stated reasons for the action;
(3) The current status of the permit, bond, or similar security
involved;
(4) The date, location, and type of any administrative or judicial
proceedings initiated concerning the suspension, revocation, or
forfeiture; and
(5) The current status of the proceedings.
(c) For any violation of a provision of the Act, or of any law, rule
or regulation of the United States, or of any State law, rule or
regulation enacted pursuant to Federal law, rule or regulation
pertaining to air or water environmental protection incurred in
connection with any surface coal mining operation, a list of all
violation notices received by the applicant during the three year period
preceding the application date, and a list of all unabated cessation
orders and unabated air and water quality violation notices received
prior to the date of the application by any surface coal mining and
reclamation operation owned or controlled by either the applicant or by
any person who owns or controls the applicant. For each violation
notice or cessation order reported, the lists shall include the
following information, as applicable:
(1) Any identifying numbers for the operation, including the Federal
or State permit number and MSHA number, the dates of issuance of the
violation notice and MSHA number, the name of the person to whom the
violation notice was issued, and the name of the issuing regulatory
authority, department or agency;
(2) A brief description of the violation alleged in the notice;
(3) The date, location, and type of any administrative or judicial
proceedings initiated concerning the violation, including, but not
limited to, proceedings initiated by any person identified in paragraph
(c) of this section to obtain administrative or judicial review of the
violation;
(4) The current status of the proceedings and of the violation
notice; and
(5) The actions, if any, taken by any person identified in paragraph
(c) of this section to abate the violation.
(d) After an applicant is notified that his or her application is
approved, but before the permit is issued, the applicant shall, as
applicable, update, correct or indicate that no change has occurred in
the information previously submitted under this section.
(48 FR 44399, Sept. 28, 1983, as amended at 54 FR 8992, Mar. 2, 1989)
30 CFR 778.15 Right-of-entry information.
(a) An application shall contain a description of the documents upon
which the applicant bases his legal right to enter and begin surface
coal mining and reclamation operations in the permit area and shall
state whether that right is the subject of pending litigation. The
description shall identify the documents by type and date of execution,
identify the specific lands to which the document pertains, and explain
the legal rights claimed by the applicant.
(b) Where the private mineral estate to be mined has been severed
from the private surface estate, an applicant shall also submit --
(1) A copy of the written consent of the surface owner for the
extraction of coal by surface mining methods;
(2) A copy of the conveyance that expressly grants or reserves the
right to extract coal by surface mining methods; or
(3) If the conveyance does not expressly grant the right to extract
the coal by surface mining methods, documentation that under applicable
State law, the applicant has the legal authority to extract the coal by
those methods.
(c) Nothing in this section shall be construed to provide the
regulatory authority with the authority to adjudicate property rights
disputes.
30 CFR 778.16 Status of unsuitability claims.
(a) An application shall contain available information as to whether
the proposed permit area is within an area designated as unsuitable for
surface coal mining and reclamation operations or is within an area
under study for designation in an administrative proceeding under parts
762, 764, and 769 of this chapter.
(b) An application in which the applicant claims the exemption
described in 762.13(c) of this chapter shall contain information
supporting the assertion that the applicant made substantial legal and
financial commitments before January 4, 1977, concerning the proposed
surface coal mining and reclamation operations.
(c) An application in which the applicant proposes to conduct surface
coal mining activities within 300 feet of an occupied dwelling or within
100 feet of a public road shall contain the necessary information and
meet the requirements of 761.12 of this chapter.
30 CFR 778.17 Permit term.
(a) Each application shall state the anticipated or actual starting
and termination date of each phase of the surface coal mining and
reclamation operation and the anticipated number of acres of land to be
affected during each phase of mining over the life of the mine.
(b) If the applicant requires an initial permit term in excess of 5
years in order to obtain necessary financing for equipment and the
opening of the operation, the application shall --
(1) Be complete and accurate covering the specified longer term; and
(2) Show that the proposed longer term is reasonably needed to allow
the applicant to obtain financing for equipment and for the opening of
the operation with the need confirmed, in writing, by the applicant's
proposed source of financing.
30 CFR 778.18 Insurance.
An application shall contain either a certificate of liability
insurance or evidence of self-insurance in compliance with 800.60 of
this chapter.
30 CFR 778.21 Proof of publication.
A copy of the newspaper advertisements of the application for a
permit, significant revision of a permit, or renewal of a permit, or
proof of publication of the advertisements which is acceptable to the
regulatory authority shall be filed with the regulatory authority and
shall be made a part of the application not later than 4 weeks after the
last date of publication as required by 773.13(a)(1) of this chapter.
30 CFR 778.22 Facilities or structures used in common.
The plans of a facility or structure that is to be shared by two or
more separately permitted mining operations may be included in one
permit application and referenced in the other applications. In
accordance with part 800 of this chapter, each permittee shall bond the
facility or structure unless the permittees sharing it agree to another
arrangement for assuming their respective responsibilities. If such
agreement is reached, then the application shall include a copy of the
agreement between or among the parties setting forth the respective
bonding responsibilities of each party for the facility or structure.
The agreement shall demonstrate to the satisfaction of the regulatory
authority that all responsibilities under this chapter for the facility
or structure will be met.
30 CFR 778.22 PART 779 -- SURFACE MINING PERMIT APPLICATIONS -- MINIMUM
REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES
Sec.
779.1 Scope.
779.2 Objectives.
779.4 Responsibilities.
779.10 Information collection.
779.11 General requirements.
779.12 General environmental resources information.
779.18 Climatological information.
779.19 Vegetation information.
779.20 (Reserved)
779.21 Soil resources information.
779.22 Land-use information.
779.24 Maps: General requirements.
779.25 Cross sections, maps, and plans.
Authority: 30 U.S.C. 1201 et seq.; sec. 115 of Pub. L. 98-146, (30
U.S.C. 1257), and 16 U.S.C. 470 et seq.
Source: 44 FR 15354, Mar. 13, 1979, unless otherwise noted.
30 CFR 779.1 Scope.
This part establishes the minimum requirements for the Secretary's
approval of regulatory program provisions for the environmental
resources contents of applications for surface mining activities.
30 CFR 779.2 Objectives.
The objectives of this part are to ensure that each application
provides to the regulatory authority a complete and accurate description
of the environmental resources that may be impacted or affected by
proposed surface mining activities.
30 CFR 779.4 Responsibilities.
(a) It is the responsibility of the applicant to provide, except
where specifically exempted in this part, all information required by
this part in the application.
(b) It is the responsibility of State and Federal government agencies
to provide information for applications as specifically required by this
part.
30 CFR 779.10 Information collection.
The information collection requirements contained in 30 CFR 779.11,
779.12, 779.13, 779.14, 779.15, 779.16, 779.17, 779.18, 779.19, 779.21,
779.22, 779.24, 779.25 and 779.27 have been approved by the Office of
Management and Budget under 44 U.S.C. 3507 and assigned clearance number
1029-0035. The information is being collected to meet the requirements
of sections 507 and 508 of Pub. L. 95-87, which require the applicant
to present an adequate description of the existing pre-mining
environmental resources within and around the proposed mine plan area.
This information will be used by the regulatory authority to determine
whether the applicant can comply with the performance standards of the
regulations for surface coal mining and whether reclamation of these
areas is feasible. The obligation to respond is mandatory.
(47 FR 33686, Aug. 4, 1982, as amended at 52 FR 47359, Dec. 11, 1987)
30 CFR 779.11 General requirements.
Each permit application shall include a description of the existing,
premining environmental resources within the proposed permit area and
adjacent areas that may be affected or impacted by the proposed surface
mining activities.
(44 FR 15354, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980)
30 CFR 779.12 General environmental resources information.
Each application shall describe and identify --
(a) The lands subject to surface coal mining operations over the
estimated life of those operations and the size, sequence, and timing of
the subareas for which it is anticipated that individual permits for
mining will be sought; and
(b)(1) The nature of cultural, historic and archeological resources
listed or eligible for listing on the National Register of Historic
Places and known archeological sites within the proposed permit and
adjacent areas. The description shall be based on all available
information, including, but not limited to, information from the State
Historic Preservation Officer and from local archeological, historical,
and cultural preservation agencies.
(2) The regulatory authority may require the applicant to identify
and evaluate important historic and archeological resources that may be
eligible for listing on the National Register of Historic Places,
through
(i) Collection of additional information,
(ii) Conduct of field investigations, or
(iii) Other appropriate analyses.
(44 FR 15354, Mar. 13, 1979, as amended at 48 FR 14822, Apr. 5, 1983;
52 FR 4262, Feb. 10, 1987)
30 CFR 779.18 Climatological information.
(a) When requested by the regulatory authority, the application shall
contain a statement of the climatological factors that are
representative of the proposed permit area, including:
(1) The average seasonal precipitation;
(2) The average direction and velocity of prevailing winds; and
(3) Seasonal temperature ranges.
(b) The regulatory authority may request such additional data as
deemed necessary to ensure compliance with the requirements of this
subchapter.
(44 FR 15354, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980)
30 CFR 779.19 Vegetation information.
(a) The permit application shall, if required by the regulatory
authority, contain a map that delineates existing vegetative types and a
description of the plant communities within the proposed permit area and
within any proposed reference area. This description shall include
information adequate to predict the potential for reestablishing
vegetation.
(b) When a map or aerial photograph is required, sufficient adjacent
areas shall be included to allow evaluation of vegetation as important
habitat for fish and wildlife for those species of fish and wildlife
identified under 30 CFR 780.16.
(44 FR 15354, Mar. 13, 1979, as amended at 52 FR 47359, Dec. 11,
1987)
779.20 (Reserved)
30 CFR 779.21 Soil resources information.
(a) The applicant shall provide adequate soil survey information of
the permit area consisting of the following:
(1) A map delineating different soils;
(2) Soil identification;
(3) Soil description; and
(4) Present and potential productivity of existing soils.
(b) Where the applicant proposes to use selected overburden materials
as a supplement or substitute for topsoil, the application shall provide
results of the analyses, trials, and tests required under 30 CFR 816.22.
Editorial Note: For a document temporarily suspending 779.21 in
part, see 45 FR 51548, Aug. 4, 1980.
30 CFR 779.22 Land-use information.
(a) The application shall contain a statement of the condition,
capability, and productivity of the land within the proposed permit
area, including --
(1) A map and supporting narrative of the uses of the land existing
at the time of the filing of the application. If the premining use of
the land was changed within 5 years before the anticipated date of
beginning the proposed operations, the historic use of the land shall
also be described.
(2) A narrative of land capability and productivity, which analyzes
the land-use description under paragraph (a) of this section in
conjunction with other environmental resources information required
under this part. The narrative shall provide analyses of:
(i) The capability of the land before any mining to support a variety
of uses, giving consideration to soil and foundation characteristics,
topography, vegetative cover and the hydrology of the proposed permit
area; and
(ii) The productivity of the proposed permit area before mining,
expressed as average yield of food, fiber, forage, or wood products from
such lands obtained under high levels of management. The productivity
shall be determined by yield data or estimates for similar sites based
on current data from the U.S. Department of Agriculture, State
agricultural universities or appropriate State natural resource or
agricultural agencies.
(b) The application shall state whether the proposed permit area has
been previously mined, and, if so, the following information, if
available --
(1) The type of mining method used;
(2) The coal seams or other mineral strata mined;
(3) The extent of coal or other minerals removed;
(4) The approximate dates of past mining; and
(5) The uses of the land preceding mining.
(c) The application shall contain a description of the existing land
uses and land use classifications under local law, if any, of the
proposed permit and adjacent areas.
(44 FR 15354, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980)
30 CFR 779.24 Maps: General requirements.
The permit application shall include maps showing --
(a) All boundaries of lands and names of present owners of record of
those lands, both surface and subsurface, included in or contiguous to
the permit area;
(b) The boundaries of land within the proposed permit area upon which
the applicant has the legal right to enter and begin surface mining
activities;
(c) The boundaries of all areas proposed to be affected over the
estimated total life of the proposed surface mining activities, with a
description of size, sequence, and timing of the mining of sub-areas for
which it is anticipated that additional permits will be sought;
(d) The location of all buildings on and within 1,000 feet of the
proposed permit area, with identification of the current use of the
buildings;
(e) The location of surface and sub-surface man-made features within,
passing through, or passing over the proposed permit area, including,
but not limited to major electric transmission lines, pipelines, and
agricultural drainage tile fields;
(f) The location and boundaries of any proposed reference areas for
determining the success of revegetation;
(g) The locations of water supply intakes for current users of
surface water flowing into, out of, and within a hydrologic area defined
by the regulatory authority, and those surface waters which will receive
discharges from affected areas in the proposed permit area;
(h) Each public road located in or within 100 feet of the proposed
permit area;
(i) The boundaries of any public park and locations of any cultural
or historical resources listed or eligible for listing in the National
Register of Historic Places and known archeological sites within the
permit and adjacent areas.
(j) Each cemetery that is located in or within 100 feet of the
proposed permit area.
(k) Any land within the proposed permit area which is within the
boundaries of any units of the National System of Trails or the Wild and
Scenic Rivers System, including study rivers designated under section
5(a) of the Wild and Scenic Rivers Act; and
(l) Other relevant information required by the regulatory authority.
(44 FR 15354, Mar. 13, 1979; 44 FR 49685, Aug. 24, 1979, as amended
at 45 FR 51550, Aug. 4, 1980; 48 FR 14822, Apr. 5, 1983; 52 FR 4262,
Feb. 10, 1987)
30 CFR 779.25 Cross sections, maps, and plans.
(a) The application shall include cross sections, maps, and plans
showing --
(1) Elevations and locations of test borings and core samplings;
(2) Elevations and locations of monitoring stations used to gather
data for water quality and quantity, fish and wildlife, and air quality,
if required, in preparation of the application;
(3) Nature, depth, and thickness of the coal seams to be mined, any
coal or rider seams above the seam to be mined, each stratum of the
overburden, and the stratum immediately below the lowest coal seam to be
mined;
(4) All coal crop lines and the strike and dip of the coal to be
mined within the proposed permit area;
(5) Location and extent of known workings of active, inactive, or
abandoned underground mines, including mine openings to the surface
within the proposed permit and adjacent areas;
(6) Location and extent of sub-surface water, if encountered, within
the proposed permit or adjacent areas;
(7) Location of surface water bodies such as streams, lakes, ponds,
springs, constructed or natural drains, and irrigation ditches within
the proposed permit and adjacent areas;
(8) Location and extent of existing or previously surface-mined areas
within the proposed permit area;
(9) Location and dimensions of existing areas of spoil, waste, and
non-coal waste disposal, dams, embankments, other impoundments, and
water treatment and air pollution control facilities within the proposed
permit area;
(10) Location, and depth if available, of gas and oil wells within
the proposed permit area and water wells in the permit area and adjacent
area;
(11) Sufficient slope measurements to adequately represent the
existing land surface configuration of the proposed permit area,
measured and recorded according to the following:
(i) Each measurement shall consist of an angle of inclination along
the prevailing slope extending 100 linear feet above and below or beyond
the coal outcrop or the area to be disturbed or, where this is
impractical, at locations specified by the regulatory authority.
(ii) Where the area has been previously mined, the measurements shall
extend at least 100 feet beyond the limits of mining disturbances, or
any other distance determined by the regulatory authority to be
representative of the premining configuration of the land.
(iii) Slope measurements shall take into account natural variations
in slope, to provide accurate representation of the range of natural
slopes and reflect geomorphic differences of the area to be disturbed.
(b) Cross sections, maps and plans included in a permit application
as required by this section shall be prepared by, or under the direction
of, and certified by a qualified, registered, professional engineer, a
professional geologist, or in any State which authorizes land surveyors
to prepare and certify such cross sections, maps and plans, a qualified,
registered, professional, land surveyor, with assistance from experts in
related fields such as landscape architecture, and shall be updated as
required by the regulatory authority.
(44 FR 15354, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980;
50 FR 16198, Apr. 24, 1985)
30 CFR 779.25 PART 780 -- SURFACE MINING PERMIT APPLICATIONS -- MINIMUM
REQUIREMENT FOR RECLAMATION AND OPERATION PLAN
Sec.
780.1 Scope.
780.2 Objectives.
780.4 Responsibilities.
780.10 Information collection.
780.11 Operation plan: General requirements.
780.12 Operation plan: Existing structures.
780.13 Operation plan: Blasting.
780.14 Operation plan: Maps and plans.
780.15 Air pollution control plan.
780.16 Fish and wildlife information.
780.18 Reclamation plan: General requirements.
780.21 Hydrologic information.
780.22 Geologic information.
780.23 Reclamation plan: Postmining land uses.
780.25 Reclamation plan: Ponds, impoundments, banks, dams, and
embankments.
780.27 Reclamation plan: Surface mining near underground mining.
780.29 Diversions.
780.31 Protection of public parks and historic places.
780.33 Relocation or use of public roads.
780.35 Disposal of excess spoil.
780.37 Road systems.
780.38 Support facilities.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq., as amended; sec.
115 of Pub. L. 98-146, 30 U.S.C. 1257; 16 U.S.C. 470 et seq.; and Pub.
L. 100-34.
Source: 44 FR 15357, Mar. 13, 1979, unless otherwise noted.
30 CFR 780.1 Scope.
This part provides the minimum requirements for the Secretary's
approval of regulatory program provisions for the mining operations and
reclamation plan portions of applications for permits for surface mining
activities, except to the extent that different requirements for those
plans are established under 30 CFR part 785.
30 CFR 780.2 Objectives.
The objectives of this part are to insure that the regulatory
authority is provided with comprehensive and reliable information on
proposed surface mining activities, and to ensure that those activities
are allowed to be conducted only in compliance with the Act, this
chapter, and the regulatory program.
30 CFR 780.4 Responsibilities.
(a) It is the responsibility of the applicant to provide to the
regulatory authority all of the information required by this part,
except where specifically exempted in this part.
(b) It is the responsibility of State and Federal governmental
agencies to provide information to the regulatory authority where
specifically required in this part.
30 CFR 780.10 Information collection.
The information collection requirements contained in 30 CFR 780.11,
780.12, 780.13, 780.14, 780.15, 780.16, 780.18, 780.21, 780.23, 780.25,
780.27, 780.31, 780.33, 780.35 and 780.37 have been approved by the
Office of Management and Budget under 44 U.S.C. 3507 and assigned
clearance number 1029-0036. The information is being collected to meet
the requirements of Sections 507(b), 508(a) and 515(b) of Pub. L.
95-87. This information will be used by the regulatory authority in
determining whether the applicant can comply with the performance
standards of the regulations for surface coal mining and whether
reclamation of these areas is feasible. The obligation to respond is
mandatory.
(47 FR 33686, Aug. 4, 1982)
30 CFR 780.11 Operation plan: General requirements.
Each application shall contain a description of the mining operations
proposed to be conducted during the life of the mine within the proposed
permit area, including, at a minimum, the following:
(a) A narrative description of the type and method of coal mining
procedures and proposed engineering techniques, anticipated annual and
total production of coal, by tonnage, and the major equipment to be used
for all aspects of those operations; and
(b) A narrative explaining the construction, modification, use,
maintenance, and removal of the following facilities (unless retention
of such facilities is necessary for postmining land use as specified in
816.133):
(1) Dams, embankments, and other impoundments;
(2) Overburden and topsoil handling and storage areas and structures;
(3) Coal removal, handling, storage, cleaning, and transportation
areas and structures;
(4) Spoil, coal processing waste, and non-coal waste removal,
handling, storage, transportation, and disposal areas and structures;
(5) Mine facilities; and
(6) Water and air pollution control facilities.
(44 FR 15357, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980)
30 CFR 780.12 Operation plan: Existing structures.
(a) Each application shall contain a description of each existing
structure proposed to be used in connection with or to facilitate the
surface coal mining and reclamation operation. The description shall
include --
(1) Location;
(2) Plans of the structure which describe its current condition;
(3) Approximate dates on which construction of the existing structure
was begun and completed; and
(4) A showing, including relevant monitoring data or other evidence,
whether the structure meets the performance standards of subchapter K
(Permanent Program Standards) of this chapter or, if the structure does
not meet the performance standards of subchapter K of this chapter, a
showing whether the structure meets the performance standards of
subchapter B (Interim Program Standards) of this chapter.
(b) Each application shall contain a compliance plan for each
existing structure proposed to be modified or reconstructed for use in
connection with or to facilitate the surface coal mining and reclamation
operation. The compliance plan shall include --
(1) Design specifications for the modification or reconstruction of
the structure to meet the design and performance standards of subchapter
K of this chapter;
(2) A construction schedule which shows dates for beginning and
completing interim steps and final reconstruction;
(3) Provisions for monitoring the structure during and after
modification or reconstruction to ensure that the performance standards
of subchapter K of this chapter are met; and
(4) A showing that the risk of harm to the environment or to public
health or safety is not significant during the period of modification or
reconstruction.
30 CFR 780.13 Operation plan: Blasting.
(a) Blasting plan. Each application shall contain a blasting plan
for the proposed permit area, explaining how the applicant will comply
with the requirements of 816.61 through 816.68 of this chapter. This
plan shall include, at a minimum, information setting forth the
limitations the operator will meet with regard to ground vibration and
airblast, the bases for those limitations, and the methods to be applied
in controlling the adverse effects of blasting operations.
(b) Monitoring system. Each application shall contain a description
of any system to be used to monitor compliance with the standards of
816.67 including the type, capability, and sensitivity of any
blast-monitoring equipment and proposed procedures and locations of
monitoring.
(c) Blasting near underground mines. Blasting operations within 500
feet of active underground mines require approval of the State and
Federal regulatory authorities concerned with the health and safety of
underground miners.
(48 FR 9806, Mar. 8, 1983)
30 CFR 780.14 Operation plan: Maps and plans.
Each application shall contain maps and plans as follows:
(a) The maps and plans shall show the lands proposed to be affected
throughout the operation and any change in a facility or feature to be
caused by the proposed operations, if the facility or feature was shown
under 30 CFR 779.24 through 779.25.
(b) The following shall be shown for the proposed permit area:
(1) Buildings, utility corridors and facilities to be used;
(2) The area of land to be affected within the proposed permit area,
according to the sequence of mining and reclamation;
(3) Each area of land for which a performance bond or other
equivalent guarantee will be posted under subchapter J of this chapter;
(4) Each coal storage, cleaning and loading area;
(5) Each topsoil, spoil, coal waste, and non-coal waste storage area;
(6) Each water diversion, collection, conveyance, treatment, storage,
and discharge facility to be used;
(7) Each air pollution collection and control facility;
(8) Each source of waste and each waste disposal facility relating to
coal processing or pollution control;
(9) Each facility to be used to protect and enhance fish and wildlife
and related environmental values;
(10) Each explosive storage and handling facility; and
(11) Location of each sedimentation pond, permanent water
impoundment, coal processing waste bank, and coal processing waste dam
and embankment, in accordance with 30 CFR 780.25, and fill area for the
disposal of excess spoil in accordance 30 CFR 780.35.
(c) Except as provided in 780.25(a)(2), 780.25(a)(3), 780.35(a),
816.71(b), 816.73(c), 816.74(c) and 816.81(c) of this chapter, cross
sections, maps and plans required under paragraphs (b) (4), (5), (6),
(10) and (11) of this section shall be prepared by, or under the
direction of, and certified by a qualified registered professional
engineer, a professional geologist, or in any State which authorizes
land surveyors to prepare and certify such cross sections, maps and
plans, a qualified, registered, professional, land surveyor, with
assistance from experts in related fields such as landscape
architecture.
(44 FR 15357, Mar. 13, 1979; 44 FR 49685, Aug. 24, 1979, as amended
at 45 FR 51550, Aug. 4, 1980; 48 FR 14822, Apr. 5, 1983; 50 FR 16199,
Apr. 24, 1985; 56 FR 65635, Dec. 17, 1991)
30 CFR 780.15 Air pollution control plan.
(a) For all surface mining activities with projected production rates
exceeding 1,000,000 tons of coal per year and located west of the 100th
meridian west longitude, the application shall contain an air pollution
control plan which includes the following:
(1) An air quality monitoring program to provide sufficient data to
evaluate the effectiveness of the fugitive dust control practices
proposed under paragraph (a)(2) of this section to comply with Federal
and State air quality standards; and
(2) A plan for fugitive dust control practices as required under 30
CFR 816.95.
(b) For all other surface mining activities the application shall
contain an air pollution control plan which includes the following:
(1) An air quality monitoring program, if required by the regulatory
authority, to provide sufficient data to evaluate the effectiveness of
the fugitive dust control practices under paragraph (b)(2) of this
section to comply with applicable Federal and State air quality
standards; and
(2) A plan for fugitive dust control practices, as required under 30
CFR 816.95.
30 CFR 780.16 Fish and wildlife information.
(a) Resource information. Each application shall include fish and
wildlife resource information for the permit area and adjacent area.
(1) The scope and level of detail for such information shall be
determined by the regulatory authority in consultation with State and
Federal agencies with responsibilities for fish and wildlife and shall
be sufficient to design the protection and enhancement plan required
under paragraph (b) of this section.
(2) Site-specific resource information necessary to address the
respective species or habitats shall be required when the permit area or
adjacent area is likely to include:
(i) Listed or proposed endangered or threatened species of plants or
animals or their critical habitats listed by the Secretary under the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), or
those species or habitats protected by similar State statutes;
(ii) Habitats of unusually high value for fish and wildlife such as
important streams, wetlands, riparian areas, cliffs supporting raptors,
areas offering special shelter or protection, migration routes, or
reproduction and wintering areas; or
(iii) Other species or habitats identified through agency
consultation as requiring special protection under State or Federal law.
(b) Protection and enhancement plan. Each application shall include
a description of how, to the extent possible using the best technology
currently available, the operator will minimize disturbances and adverse
impacts on fish and wildlife and related environmental values, including
compliance with the Endangered Species Act, during the surface coal
mining and reclamation operations and how enhancement of these resources
will be achieved where practicable. This description shall --
(1) Be consistent with the requirements of 816.97 of this chapter;
(2) Apply, at a minimum, to species and habitats identified under
paragraph (a) of this section; and
(3) Include --
(i) Protective measures that will be used during the active mining
phase of operation. Such measures may include the establishment of
buffer zones, the selective location and special design of haul roads
and powerlines, and the monitoring of surface water quality and
quantity; and
(ii) Enhancement measures that will be used during the reclamation
and postmining phase of operation to develop aquatic and terrestrial
habitat. Such measures may include restoration of streams and other
wetlands, retention of ponds and impoundments, establishment of
vegetation for wildlife food and cover, and the replacement of perches
and nest boxes. Where the plan does not include enhancement measures, a
statement shall be given explaining why enhancement is not practicable.
(c) Fish and Wildlife Service review. Upon request, the regulatory
authority shall provide the resource information required under
paragraph (a) of this section and the protection and enhancement plan
required under paragraph (b) of this section to the U.S. Department of
the Interior, Fish and Wildlife Service Regional or Field Office for
their review. This information shall be provided within 10 days of
receipt of the request from the Service.
(52 FR 47359, Dec. 11, 1987)
30 CFR 780.18 Reclamation plan: General requirements.
(a) Each application shall contain a plan for reclamation of the
lands within the proposed permit area, showing how the applicant will
comply with section 515 of the Act, subchapter K of this chapter, and
the environmental protection performance standards of the regulatory
program. The plan shall include, at a minimum, all information required
under 30 CFR 780.18 through 780.37.
(b) Each plan shall contain the following information for the
proposed permit area --
(1) A detailed timetable for the completion of each major step in the
reclamation plan;
(2) A detailed estimate of the cost of reclamation of the proposed
operations required to be covered by a performance bond under subchapter
J of this chapter, with supporting calculations for the estimates;
(3) A plan for backfilling, soil stabilization, compacting, and
grading, with contour maps or cross sections that show the anticipated
final surface configuration of the proposed permit area, in accordance
with 30 CFR 816.102 through 816.107;
(4) A plan for removal, storage, and redistribution of topsoil,
subsoil, and other material to meet the requirements of 816.22 of this
chapter. A demonstration of the suitability of topsoil substitutes or
supplements under 816.22(b) of this chapter shall be based upon
analysis of the thickness of soil horizons, total depth, texture,
percent coarse fragments, pH, and areal extent of the different kinds of
soils. The regulatory authority may require other chemical and physical
analyses, field-site trials, or greenhouse tests if determined to be
necessary or desirable to demonstrate the suitability of the topsoil
substitutes or supplements.
(5) A plan for revegetation as required in 30 CFR 816.111 through
816.116, including, but not limited to, descriptions of the --
(i) Schedule of revegetation;
(ii) Species and amounts per acre of seeds and seedlings to be used;
(iii) Methods to be used in planting and seeding;
(iv) Mulching techniques;
(v) Irrigation, if appropriate, and pest and disease control
measures, if any; and
(vi) Measures proposed to be used to determine the success of
revegetation as required in 30 CFR 816.116.
(vii) A soil testing plan for evaluation of the results of topsoil
handling and reclamation procedures related to revegetation.
(6) A description of the measures to be used to maximize the use and
conservation of the coal resource as required in 30 CFR 816.59;
(7) A description of measures to be employed to ensure that all
debris, acid-forming and toxic-forming materials, and materials
constituting a fire hazard are disposed of in accordance with 30 CFR
816.89 and 816.102 and a description of the contingency plans which have
been developed to preclude sustained combustion of such materials;
(8) A description, including appropriate cross sections and maps, of
the measures to be used to seal or manage mine openings, and to plug,
case, or manage exploration holes, other bore holes, wells, and other
openings within the proposed permit area, in accordance with 30 CFR
816.13 through 816.15; and
(9) A description of steps to be taken to comply with the
requirements of the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean
Water Act (33 U.S.C. 1251 et seq.), and other applicable air and water
quality laws and regulations and health and safety standards.
(44 FR 15357, Mar. 13, 1979, as amended at 48 FR 22100, May 16, 1983;
48 FR 44779, Sept. 30, 1983)
30 CFR 780.21 Hydrologic information.
(a) Sampling and analysis methodology. All water-quality analyses
performed to meet the requirements of this section shall be conducted
according to the methodology in the 15th edition of ''Standard Methods
for the Examination of Water and Wastewater,'' which is incorporated by
reference, or the methodology in 40 CFR parts 136 and 434. Water
quality sampling performed to meet the requirements of this section
shall be conducted according to either methodology listed above when
feasible. ''Standard Methods for the Examination of Water and
Wastewater,'' is a joint publication of the American Public Health
Association, the American Water Works Association, and the Water
Pollution Control Federation and is available from the American Public
Health Association, 1015 15th Street, NW., Washington, DC 20036. This
document is also available for inspection at the Office of the Federal
Register Information Center, Room 8301, 1100 L Street, NW., Washington,
DC; at the Office of the OSM Administrative Record, U.S. Department of
the Interior, Room 5315, 1100 L Street, NW., Washington, DC; at the OSM
Eastern Technical Service Center, U.S. Department of the Interior,
Building 10, Parkway Center, Pittsburgh, Pa.; and at the OSM Western
Technical Service Center, U.S. Department of the Interior, Brooks Tower,
1020 15th Street, Denver, Colo. This incorporation by reference was
approved by the Director of the Federal Register on October 26, 1983.
This document is incorporated as it exists on the date of the approval,
and a notice of any change in it will be published in the Federal
Register.
(b) Baseline information. The application shall include the
following baseline hydrologic information, and any additional
information required by the regulatory authority.
(1) Ground-water information. The location and ownership for the
permit and adjacent areas of existing wells, springs, and other
ground-water resources, seasonal quality and quantity of ground water,
and usage. Water quality descriptions shall include, at a minimum,
total dissolved solids or specific conductance corrected to 25 C, pH,
total iron, and total manganese. Ground-water quantity descriptions
shall include, at a minimum, approximate rates of discharge or usage and
depth to the water in the coal seam, and each water-bearing stratum
above and potentially impacted stratum below the coal seam.
(2) Surface-water information. The name, location, ownership, and
description of all surface-water bodies such as streams, lakes, and
impoundments, the location of any discharge into any surface-water body
in the proposed permit and adjacent areas, and information on
surface-water quality and quantity sufficient to demonstrate seasonal
variation and water usage. Water quality descriptions shall include, at
a minimum, baseline information on total suspended solids, total
dissolved solids or specific conductance corrected to 25 C, pH, total
iron, and total manganese. Baseline acidity and alkalinity information
shall be provided if there is a potential for acid drainage from the
proposed mining operation. Water quantity descriptions shall include,
at a minimum, baseline information on seasonal flow rates.
(3) Supplemental information. If the determination of the probable
hydrologic consequences (PHC) required by paragraph (f) of this section
indicates that adverse impacts on or off the proposed permit area may
occur to the hydrologic balance, or that acid-forming or toxic-forming
material is present that may result in the contamination of ground-water
or surface-water supplies, then information supplemental to that
required under paragraphs (b) (1) and (2) of this section shall be
provided to evaluate such probable hydrologic consequences and to plan
remedial and reclamation activities. Such supplemental information may
be based upon drilling, aquifer tests, hydrogeologic analysis of the
water-bearing strata, flood flows, or analysis of other water quality or
quantity characteristics.
(c) Baseline cumulative impact area information. (1) Hydrologic and
geologic information for the cumulative impact area necessary to assess
the probable cumulative hydrologic impacts of the proposed operation and
all anticipated mining on surface- and ground-water systems as required
by paragraph (g) of this section shall be provided to the regulatory
authority if available from appropriate Federal or State agencies.
(2) If the information is not available from such agencies, then the
applicant may gather and submit this information to the regulatory
authority as part of the permit application.
(3) The permit shall not be approved until the necessary hydrologic
and geologic information is available to the regulatory authority.
(d) Modeling. The use of modeling techniques, interpolation or
statistical techniques may be included as part of the permit
application, but actual surface- and ground-water information may be
required by the regulatory authority for each site even when such
techniques are used.
(e) Alternative water source information. If the PHC determination
required by paragraph (f) of this section indicates that the proposed
mining operation may proximately result in contamination, diminution, or
interruption of an underground or surface source of water within the
proposed permit or adjacent areas which is used for domestic,
agricultural, industrial or other legitimate purpose, then the
application shall contain information on water availability and
alternative water sources, including the suitability of alternative
water sources for existing permining uses and approved postmining land
uses.
(f) Probable hydrologic consequences determination. (1) The
application shall contain a determination of the probable hydrologic
consequences (PHC) of the proposed operation upon the quality and
quantity of surface and ground water under seasonal flow conditions for
the proposed permit and adjacent areas.
(2) The PHC determination shall be based on baseline hydrologic,
geologic and other information collected for the permit application and
may include data statistically representative of the site.
(3) The PHC determination shall include findings on:
(i) Whether adverse impacts may occur to the hydrologic balance;
(ii) Whether acid-forming or toxic-forming materials are present that
could result in the contamination of surface or ground water supplies;
(iii) Whether the proposed operation may proximately result in
contamination, diminution or interruption of an underground or surface
source of water within the proposed permit or adjacent areas which is
used for domestic, agricultural, industrial or other legitimate purpose;
and
(iv) What impact the proposed operation will have on:
(A) Sediment yields from the disturbed area; (B) acidity, total
suspended and dissolved solids, and other important water quality
parameters of local impact; (C) flooding or streamflow alteration; (D)
ground water and surface water availability; and (E) other
characteristics as required by the regulatory authority.
(4) An application for a permit revision shall be reviewed by the
regulatory authority to determine whether a new or updated PHC
determination shall be required.
(g) Cumulative hydrologic impact assessment. (1) The regulatory
authority shall provide an assessment of the probable cumulative
hydrologic impacts (CHIA) of the proposed operation and all anticipated
mining upon surface- and ground-water systems in the cumulative impact
area. The CHIA shall be sufficient to determine, for purposes of permit
approval, whether the proposed operation has been designed to prevent
material damage to the hydrologic balance outside the permit area. The
regulatory authority may allow the applicant to submit data and analyses
relevant to the CHIA with the permit application.
(2) An application for a permit revision shall be reviewed by the
regulatory authority to determine whether a new or updated CHIA shall be
required.
(h) Hydrologic reclamation plan. The application shall include a
plan, with maps and descriptions, indicating how the relevant
requirements of part 816, including 816.41 to 816.43, will be met.
The plan shall be specific to the local hydrologic conditions. It shall
contain the steps to be taken during mining and reclamation through bond
release to minimize disturbances to the hydrologic balance within the
permit and adjacent areas; to prevent material damage outside the
permit area; to meet applicable Federal and State water quality laws
and regulations; and to protect the rights of present water users. The
plan shall include the measures to be taken to: Avoid acid or toxic
drainage; prevent, to the extent possible using the best technology
currently available, additional contributions of suspended solids to
streamflow; provide water-treatment facilities when needed; control
drainage; restore approximate premining recharge capacity and protect
or replace rights of present water users. The plan shall specifically
address and potential adverse hydrologic consequences identified in the
PHC determination prepared under paragraph (f) of this section and shall
include preventive and remedial measures.
(i) Ground-water monitoring plan. (1) The application shall include
a ground-water monitoring plan based upon the PHC determination required
under paragraph (f) of this section and the analysis of all baseline
hydrologic, geologic and other information in the permit application.
The plan shall provide for the monitoring of parameters that relate to
the suitability of the ground water for current and approved postmining
land uses and to the objectives for protection of the hydrologic balance
set forth in paragraph (h) of this section. It shall identify the
quantity and quality parameters to be monitored, sampling frequency, and
site locations. It shall describe how the data may be used to determine
the impacts of the operation upon the hydrologic balance. At a minimum,
total dissolved solids or specific conductance corrected to 25 C, pH,
total iron, total manganese, and water levels shall be monitored and
data submitted to the regulatory authority at least every 3 months for
each monitoring location. The regulatory authority may require
additional monitoring.
(2) If an applicant can demonstrate by the use of the PHC
determination and other available information that a particular
water-bearing stratum in the proposed permit and adjacent areas is not
one which serves as an aquifer which significantly ensures the
hydrologic balance within the cumulative impact area, then monitoring of
that stratum may be waived by the regulatory authority.
(j) Surface-water monitoring plan. (1) The application shall include
a surface-water monitoring plan based upon the PHC determination
required under paragraph (f) of this section and the analysis of all
baseline hydrologic, geologic, and other information in the permit
application. The plan shall provide for the monitoring of parameters
that relate to the suitability of the surface water for current and
approved postmined land uses and to the objectives for protection of the
hydrologic balance as set forth in paragraph (h) of this section as well
as the effluent limitations found at 40 CFR part 434.
(2) The plan shall identify the surface-water quantity and quality
parameters to be monitored, sampling frequency and site locations. It
shall describe how the data may be used to determine the impacts of the
operation upon the hydrologic balance.
(i) At all monitoring locations in the surface-water bodies such as
streams, lakes, and impoundments, that are potentially impacted or into
which water will be discharged and at upstream monitoring locations the
total dissolved solids or specific conductance corrected to 25 C, total
suspended solids, pH, total iron, total manganese, and flow shall be
monitored.
(ii) For point-source discharges, monitoring shall be conducted in
accordance with 40 CFR parts 122, 123 and 434 and as required by the
National Pollutant Discharge Elimination System permitting authority.
(3) The monitoring reports shall be submitted to the regulatory
authority every 3 months. The regulatory authority may require
additional monitoring.
(48 FR 43985, Sept. 26, 1983, as amended at 53 FR 36400, Sept. 19,
1988)
30 CFR 780.22 Geologic information.
(a) General. Each application shall include geologic information in
sufficient detail to assist in determining --
(1) The probable hydrologic consequences of the operation upon the
quality and quantity of surface and ground water in the permit and
adjacent areas, including the extent to which surface- and ground-water
monitoring is necessary;
(2) All potentially acid- or toxic-forming strata down to and
including the stratum immediately below the lowest coal seam to be
mined; and
(3) Whether reclamation as required by this chapter can be
accomplished and whether the proposed operation has been designed to
prevent material damage to the hydrologic balance outside the permit
area.
(b) Geologic information shall include, at a minimum the following:
(1) A description of the geology of the proposed permit and adjacent
areas down to and including the deeper of either the stratum immediately
below the lowest coal seam to be mined or any aquifer below the lowest
coal seam to be mined which may be adversely impacted by mining. The
description shall include the areal and structural geology of the permit
and adjacent areas, and other parameters which influence the required
reclamation and the occurrence, availability, movement, quantity, and
quality of potentially impacted surface and ground waters. It shall be
based on --
(i) The cross sections, maps and plans required by 779.25 of this
chapter;
(ii) The information obtained under paragraphs (b)(2) and (c) of this
section; and
(iii) Geologic literature and practices.
(2) Analyses of samples collected from test borings; drill cores;
or fresh, unweathered, uncontaminated samples from rock outcrops from
the permit area, down to and including the deeper of either the stratum
immediately below the lowest coal seam to be mined or any aquifer below
the lowest seam to be mined which may be adversely impacted by mining.
The analyses shall result in the following:
(i) Logs showing the lithologic characteristics including physical
properties and thickness of each stratum and location of ground water
where occurring;
(ii) Chemical analyses identifying those strata that may contain
acid- or toxic-forming or alkalinity-producing materials and to
determine their content except that the regulatory authority may find
that the analysis for alkalinity-producing materials is unnecessary;
and
(iii) Chemical analyses of the coal seam for acid- or toxic-forming
materials, including the total sulfur and pyritic sulfur, except that
the regulatory authority may find that the analysis of pyritic sulfur
content is unnecessary.
(c) If determined to be necessary to protect the hydrologic balance
or to meet the performance standards of this chapter, the regulatory
authority may require the collection, analysis, and description of
geologic information in addition to that required by paragraph (b) of
this section.
(d) An applicant may request the regulatory authority to waive in
whole or in part the requirements of paragraph (b)(2) of this section.
The waiver may be granted only if the regulatory authority finds in
writing that the collection and analysis of such data is unnecessary
because other equivalent information is available to the regulatory
authority in a satisfactory form.
(48 FR 43987, Sept. 26, 1983)
30 CFR 780.23 Reclamation plan: Postmining land uses.
(a) Each plan shall contain a detailed description of the proposed
use, following reclamation, of the land within the proposed permit area
including a discussion of the utility and capacity of the reclaimed land
to support a variety of alternative uses, and the relationship of the
proposed use to existing land use policies and plans. This description
shall explain --
(1) How the proposed postmining land use is to be achieved and the
necessary support activities which may be needed to achieve the proposed
land use;
(2) Where range or grazing is the proposed postmining use, the
detailed management plans to be implemented;
(3) Where a land use different from the pre-mining land use is
proposed, all materials needed for approval of the alternative use under
30 CFR 816.133; and
(4) The consideration which has been given to making all of the
proposed surface mining activities consistent with surface owner plans
and applicable State and local land use plans and programs.
(b) The description shall be accompanied by a copy of the comments
concerning the proposed use by the legal or equitable owner of record of
the surface of the proposed permit area and the State and local
government agencies which would have to initiate, implement, approve, or
authorize the proposed use of the land following reclamation.
30 CFR 780.25 Reclamation plan: Ponds, impoundments, banks, dams, and
embankments.
(a) General. Each application shall include a general plan for each
proposed sedimentation pond, water impoundment, and coal processing
waste bank, dam or embankment within the proposed permit area.
(1) Each general plan shall --
(i) Be prepared by, or under the direction of, and certified by a
qualified, registered, professional engineer, a professional geologist,
or in any State which authorizes land surveyors to prepare and certify
such plans, a qualified, registered, professional, land surveyor, with
assistance from experts in related fields such as landscape
architecture;
(ii) Contain a description, map, and cross section of the structure
and its location;
(iii) Contain preliminary hydrologic and geologic information
required to assess the hydrologic impact of the structure;
(iv) Contain a survey describing the potential effect on the
structure from subsidence of the subsurface strata resulting from past
underground mining operations if underground mining has occurred; and
(v) Contain a certification statement which includes a schedule
setting forth the dates that any detailed design plans for structures
that are not submitted with the general plan will be submitted to the
regulatory authority. The regulatory authority shall have approved, in
writing, the detailed design plan for a structure before construction of
the structure begins.
(2) Each detailed design plan for a structure that meets or exceeds
the size or other criteria of the Mine Safety and Health Administration,
77.216(a) of this title shall --
(i) Be prepared by, or under the direction of, and certified by a
qualified registered professional engineer with assistance from experts
in related fields such as geology, land surveying, and landscape
architecture;
(ii) Include any geotechnical investigation, design, and construction
requirements for the structure;
(iii) Describe the operation and maintenance requirements for each
structure; and
(iv) Describe the timetable and plans to remove each structure, if
appropriate.
(3) Each detailed design plan for a structure that does not meet the
size or other criteria of 77.216(a) of this title shall --
(i) Be prepared by, or under the direction of, and certified by a
qualified, registered, professional engineer, or in any State which
authorizes land surveyors to prepare and certify such plans, a
qualified, registered, professional, land surveyor, except that all coal
processing waste dams and embankments covered by 816.81-816.84 of this
chapter shall be certified by a qualified, registered, professional
engineer;
(ii) Include any design and construction requirements for the
structure, including any required geotechnical information;
(iii) Describe the operation and maintenance requirements for each
structure; and
(iv) Describe the timetable and plans to remove each structure, if
appropriate.
(b) Sedimentation ponds. Sedimentation ponds, whether temporary or
permanent, shall be designed in compliance with the requirements of
816.46 of this chapter. Any sedimentation pond or earthen structure
which will remain on the proposed permit area as a permanent water
impoundment shall also be designed to comply with the requirements of
816.49 of this chapter. Each plan shall, at a minimum, comply with the
requirements of the Mine Safety and Health Administration, 77.216-1
and 77.216-2 of this title.
(c) Permanent and temporary impoundments. (1) Permanent and
temporary impoundments shall be designed to comply with the requirements
of 816.49 of this chapter.
(2) Each plan for an impoundment meeting the size or other criteria
of the Mine Safety and Health Administration shall comply with the
requirements of 77.216-1 and 77.216-2 of this title. The plan
required to be submitted to the District Manager of MSHA under 77.216
of this title shall be submitted to the regulatory authority as part of
the permit application in accordance with paragraph (a) of this section.
(3) For an impoundment not meeting the size or other criteria of
77.216(a) of this title and located where failure would not be expected
to cause loss of life or serious property damage, the regulatory
authority may establish through the State program approval process
engineering design standards that ensure stability comparable to a 1.3
minimum static safety factor in lieu of engineering tests to establish
compliance with the minimum static safety factor of 1.3 specified in
816.49(a)(3)(ii) of this chapter.
(d) Coal processing waste banks. Coal processing waste banks shall
be designed to comply with the requirements of 30 CFR 816.81 -- 816.84.
(e) Coal processing waste dams and embankments. Coal processing
waste dams and embankments shall be designed to comply with the
requirements of 30 CFR 816.81 -- 816.84. Each plan shall comply with the
requirements of the Mine Safety and Health Administration, 30 CFR
77.216-1 and 77.216-2, and shall contain the results of a geotechnical
investigation of the proposed dam or embankment foundation area, to
determine the structural competence of the foundation which will support
the proposed dam or embankment structure and the impounded material.
The geotechnical investigation shall be planned and supervised by an
engineer or engineering geologist, according to the following:
(1) The number, location, and depth of borings and test pits shall be
determined using current prudent engineering practice for the size of
the dam or embankment, quantity of material to be impounded, and
subsurface conditions.
(2) The character of the overburden and bedrock, the proposed
abutment sites, and any adverse geotechnical conditions which may affect
the particular dam, embankment, or reservoir site shall be considered.
(3) All springs, seepage, and ground water flow observed or
anticipated during wet periods in the area of the proposed dam or
embankment shall be identified on each plan.
(4) Consideration shall be given to the possibility of mudflows,
rock-debris falls, or other landslides into the dam, embankment, or
impounded material.
(f) If the structure is 20 feet or higher or impounds more than 20
acre-feet, each plan under paragraphs (b), (c), and (e) of this section
shall include a stability analysis of each structure. The stability
analysis shall include, but not be limited to, strength parameters, pore
pressures, and long-term seepage conditions. The plan shall also
contain a description of each engineering design assumption and
calculation with a discussion of each alternative considered in
selecting the specific design parameters and construction methods.
(44 FR 15357, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980;
48 FR 44780, Sept. 30, 1983; 50 FR 16199, Apr. 24, 1985; 53 FR 43605,
Oct. 27, 1988)
30 CFR 780.27 Reclamation plan: Surface mining near underground
mining.
For surface mining activities within the proposed permit area to be
conducted within 500 feet of an underground mine, the application shall
describe the measures to be used to comply with 30 CFR 816.79.
30 CFR 780.29 Diversions.
Each application shall contain descriptions, including maps and cross
sections, of stream channel diversions and other diversions to be
constructed within the proposed permit area to achieve compliance with
30 CFR 816.43 of this chapter.
(44 FR 15357, Mar. 13, 1979, as amended at 48 FR 43987, Sept. 26,
1983)
30 CFR 780.31 Protection of public parks and historic places.
(a) For any publicly owned parks or any places listed on the National
Register of Historic Places that may be adversely affected by the
proposed operation, each plan shall describe the measures to be used --
(1) To prevent adverse impacts, or
(2) If valid existing rights exist or joint agency approval is to be
obtained under 761.12(f) of this chapter, to minimize adverse impacts.
(b) The regulatory authority may require the applicant to protect
historic or archeological properties listed on or eligible for listing
on the National Register of Historic Places through appropriate
mitigation and treatment measures. Appropriate mitigation and treatment
measures may be required to be taken after permit issuance provided that
the required measures are completed before the properties are affected
by any mining operation.
(52 FR 4262, Feb. 10, 1987)
30 CFR 780.33 Relocation or use of public roads.
Each application shall describe, with appropriate maps and
cross-sections, the measures to be used to ensure that the interests of
the public and landowners affected are protected if, under 30 CFR
761.12(d), the applicant seeks to have the regulatory authority approve
--
(a) Conducting the proposed surface mining activities within 100 feet
of the right-of-way line of any public road, except where mine access or
haul roads join that right-of-way; or
(b) Relocating a public road.
30 CFR 780.35 Disposal of excess spoil.
(a) Each application shall contain descriptions, including
appropriate maps and cross section drawings, of the proposed disposal
site and design of the spoil disposal structures according to 30 CFR
816.71 -- 816.74. These plans shall describe the geotechnical
investigation, design, construction, operation, maintenance, and
removal, if appropriate, of the site and structures.
(b) Except for the disposal of excess spoil on pre existing benches,
each application shall contain the results of a geotechnical
investigation of the proposed disposal site, including the following:
(1) The character of bedrock and any adverse geologic conditions in
the disposal area,
(2) A survey identifying all springs, seepage, and ground water flow
observed or anticipated during wet periods in the area of the disposal
site;
(3) A survey of the potential effects of subsidence of the subsurface
strata due to past and future mining operations;
(4) A technical description of the rock materials to be utilized in
the construction of those disposal structures containing rock chimmey
cores or underlain by a rock drainage blanket; and
(5) A stability analysis including, but not limited to, strength
parameters, pore pressures and long-term seepage conditions. These data
shall be accompanied by a description of all engineering design
assumptions and calculations and the alternatives considered in
selecting the specific design specifications and methods.
(c) If, under 30 CFR 816.71(d), rock-toe buttresses or key-way cuts
are required, the application shall include the following:
(1) The number, location, and depth of borings or test pits which
shall be determined with respect to the size of the spoil disposal
structure and subsurface conditions; and
(2) Engineering specifications utilized to design the rock-toe
buttress or key-way cuts which shall be determined in accordance with
paragraph (b)(5) of this section.
(44 FR 15357, Mar. 13, 1979, as amended at 48 FR 44780, Sept. 30,
1983; 56 FR 65635, Dec. 17, 1991)
30 CFR 780.37 Road systems.
(a) Plans and drawings. Each applicant for a surface coal mining and
reclamation permit shall submit plans and drawings for each road, as
defined in 701.5 of this chapter, to be constructed, used, or
maintained within the proposed permit area. The plans and drawings
shall --
(1) Include a map, appropriate cross sections, design drawings and
specifications for road widths, gradients, surfacing materials, cuts,
fill embankments, culverts, bridges, drainage ditches, low-water
crossings, and drainage structures;
(2) Contain the drawings and specifications of each proposed road
that is located in the channel of an intermittent or perennial stream,
as necessary for approval of the road by the regulatory authority in
accordance with 816.150(d)(1) of this chapter;
(3) Contain the drawings and specifications for each proposed ford of
perennial or intermittent streams that is used as a temporary route, as
necessary for approval of the ford by the regulatory authority in
accordance with 816.151(c)(2) of this chapter;
(4) Contain a description of measures to be taken to obtain approval
of the regulatory authority for alteration or relocation of a natural
stream channel under 816.151(d)(5) of this chapter;
(5) Contain the drawings and specifications for each low-water
crossing of perennial or intermittent stream channels so that the
regulatory authority can maximize the protection of the stream in
accordance with 816.151(d)(6) of this chapter; and
(6) Describe the plans to remove and reclaim each road that would not
be retained under an approved postmining land use, and the schedule for
this removal and reclamation.
(b) Primary road certification. The plans and drawings for each
primary road shall be prepared by, or under the direction of, and
certified by a qualified registered professional engineer, or in any
State which authorizes land surveyors to certify the design of primary
roads a qualified registered professional land surveyor, with experience
in the design and construction of roads, as meeting the requirements of
this chapter; current, prudent engineering practices; and any design
criteria established by the regulatory authority.
(c) Standard design plans. The regulatory authority may establish
engineering design standards for primary roads through the State program
approval process, in lieu of engineering tests, to establish compliance
with the minimum static safety factor of 1.3 for all embankments
specified in 816.151(b) of this chapter.
(53 FR 45211, Nov. 8, 1988)
30 CFR 780.38 Support facilities.
Each applicant for a surface coal mining and reclamation permit shall
submit a description, plans, and drawings for each support facility to
be constructed, used, or maintained within the proposed permit area.
The plans and drawings shall include a map, appropriate cross sections,
design drawings, and specifications sufficient to demonstrate compliance
with 816.181 of this chapter for each facility.
(53 FR 45211, Nov. 8, 1988)
30 CFR 780.38 PART 783 -- UNDERGROUND MINING PERMIT APPLICATIONS --
MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES
Sec.
783.1 Scope.
783.2 Objectives.
783.4 Responsibilities.
783.10 Information collection.
783.11 General requirements.
783.12 General environmental resources information.
783.18 Climatological information.
783.19 Vegetation information.
783.20 (Reserved)
783.21 Soil resources information.
783.22 Land use information.
783.24 Maps: General requirements.
783.25 Cross sections, maps, and plans.
Authority: 30 U.S.C. 1201 et seq.; sec. 115 of Pub. L. 98-146, (30
U.S.C. 1257), and 16 U.S.C. 470 et seq.
Source: 44 FR 15363, Mar. 13, 1979, unless otherwise noted.
30 CFR 783.1 Scope.
This part establishes the minimum requirements for the Secretary's
approval of regulatory program provisions for the environmental
resources contents of applications for permits for underground mining
activities.
30 CFR 783.2 Objectives.
The objectives of this part are to ensure that each application
provides to the regulatory authority a complete and accurate description
of the environmental resources that may be impacted or affected by
proposed underground mining activities.
30 CFR 783.4 Responsibilities.
(a) It is the responsibility of the applicant to provide, except
where specifically exempted in this part, all information required by
this part in the application.
(b) It is the responsibility of State and Federal Government agencies
to provide information for applications as specifically required by this
part.
30 CFR 783.10 Information collection.
The information collection requirements contained in 30 CFR 783.11,
783.12, 783.13, 783.14, 783.15, 783.16, 783.17, 783.18, 783.19, 783.21,
783.22, 783.23, 783.24 and 783.25 have been approved by the Office of
Management and Budget under 44 U.S.C. 3507 and assigned clearance number
1029-0038. The information is being collected to meet the requirements
of sections 507 and 508 of Pub. L. 95-87, which require the permit
applicant to present an adequate description of the existing pre-mining
environmental resources within and around the proposed mine plan area.
This information will be used by the regulatory authority to determine
whether the applicant can comply with the performance standards for
underground mining. The obligation to respond is mandatory.
(47 FR 33686, Aug. 4, 1982, as amended at 52 FR 47359, Dec. 11, 1987)
30 CFR 783.11 General requirements.
Each permit application shall include a description of the existing,
premining environmental resources within the proposed permit area and
adjacent areas that may be affected or impacted by the proposed
underground mining activities.
(44 FR 15363, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980)
30 CFR 783.12 General environmental resources information.
Each application shall describe and identify --
(a) The lands subject to surface coal mining operations over the
estimated life of those operations and the size, sequence, and timing of
the subareas for which it is anticipated that individual permits for
mining will be sought; and
(b) The nature of cultural historic and archeological resources
listed or eligible for listing on the National Register of Historic
Places and known archeological sites within the proposed permit and
adjacent areas.
(1) The description shall be based on all available information,
including, but not limited to, information from the State Historic
Preservation Officer and local archeological, historical, and cultural
preservation groups.
(2) The regulatory authority may require the applicant to identify
and evaluate important historic and archeological resources that may be
eligible for listing on the National Register of Historic Places,
through the --
(i) Collection of additional information,
(ii) Conduct of field investigations, or
(iii) Other appropriate analyses.
(44 FR 15363, Mar. 13, 1979, as amended at 48 FR 14822, Apr. 5, 1983;
52 FR 4262, Feb. 10, 1987)
30 CFR 783.18 Climatological information.
(a) When requested by the regulatory authority, the application shall
contain a statement of the climatological factors that are
representative of the proposed permit area, including --
(1) The average seasonal precipitation;
(2) The average direction and velocity of prevailing winds; and
(3) Seasonal temperature ranges.
(b) The regulatory authority may request such additional data as
deemed necessary to ensure compliance with the requirements of this
subchapter.
(44 FR 15363, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980)
30 CFR 783.19 Vegetation information.
(a) The permit application shall, if required by the regulatory
authority, contain a map that delineates existing vegetative types and a
description of the plant communities within the area affected by surface
operations and facilities and within any proposed reference area. This
description shall include information adequate to predict the potential
for reestablishing vegetation.
(b) When a map or aerial photograph is required, sufficient adjacent
areas shall be included to allow evaluation of vegetation as important
habitat for fish and wildlife for those species of fish and wildlife
identified under 30 CFR 784.21.
(44 FR 15363, Mar. 13, 1979, as amended at 52 FR 47359, Dec. 11,
1987)
783.20 (Reserved)
30 CFR 783.21 Soil resources information.
(a) The applicant shall provide adequate soil survey information on
those portions of the permit area to be affected by surface operations
or facilities consisting of the following:
(1) A map delineating different soils;
(2) Soil identification;
(3) Soil description; and
(4) Present and potential productivity of existing soils.
(b) Where the applicant proposes to use selected overburden materials
as a supplement or substitute for topsoil, the application shall provide
results of the analyses, trials and tests required under 30 CFR 817.22.
Editorial Note: For a document suspending 783.21 in part, see 45 FR
51548, Aug. 4, 1980.
30 CFR 783.22 Land-use information.
(a) The application shall contain a statement of the condition,
capability and productivity of the land which will be affected by
surface operations and facilities within the proposed permit area,
including --
(1) A map and supporting narrative of the uses of the land existing
at the time of the filing of the application. If the premining use of
the land was changed within 5 years before the anticipated date of
beginning the proposed operations, the historic use of the land shall
also be described.
(2) A narrative of land capability and productivity, which analyzes
the land-use description under paragraph (a) of this section in
conjunction with other environmental resources information required
under this part. The narrative shall provide analyses of:
(i) The capability of the land before any mining to support a variety
of uses, giving consideration to soil and foundation characteristics,
topography, vegetative cover, and the hydrology of the area proposed to
be affected by surface operations or facilities; and
(ii) The productivity of the area proposed to be affected by surface
operations and facilities before mining, expressed as average yield of
food, fiber, forage, or wood products from such lands obtained under
high levels of management. The productivity shall be determined by
yield data or estimates for similar sites based on current data from the
U.S. Department of Agriculture, State agricultural universities or
appropriate State natural resources or agricultural agencies.
(b) The application shall state whether the proposed permit area has
been previously mined, and, if so, the following information, if
available --
(1) The type of mining method used;
(2) The coal seams or other mineral strata mined;
(3) The extent of coal or other minerals removed;
(4) The approximate dates of past mining; and
(5) The uses of the land preceding mining.
(c) The application shall contain a description of the existing land
uses and land use classifications under local law, if any, of the
proposed permit and adjacent areas.
(44 FR 15363, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980)
30 CFR 783.24 Maps: General requirements.
The permit application shall include maps showing:
(a) All boundaries of lands and names of present owners of record of
those lands, both surface and sub-surface, included in or contiguous to
the permit area;
(b) The boundaries of land within the proposed permit area upon which
the applicant has the legal right to enter and begin underground mining
activities;
(c) The boundaries of all areas proposed to be affected over the
estimated total life of the underground mining activities, with a
description of size, sequence and timing of the mining of sub-areas for
which it is anticipated that additional permits will be sought;
(d) The location of all buildings in and within 1000 feet of the
proposed permit area, with identification of the current use of the
buildings;
(e) The location of surface and sub-surface man-made features within,
passing through, or passing over the proposed permit area, including,
but not limited to, major electric transmission lines, pipelines, and
agricultural drainage tile fields;
(f) The location and boundaries of any proposed reference areas for
determining the success of revegetation;
(g) The locations of water supply intakes for current users of
surface waters flowing into, out of, and within a hydrologic area
defined by the regulatory authority, and those surface waters which will
receive discharges from affected areas in the proposed permit area;
(h) Each public road located in or within 100 feet of the proposed
permit area;
(i) The boundaries of any public park and locations of any cultural
or historical resources listed or eligible for listing in the National
Register of Historic Places and known archeological sites within the
permit and adjacent areas.
(j) Each cemetery that is located in or within 100 feet of the
proposed permit area.
(k) Any land within the proposed permit area which is within the
boundaries of any units of the National System of Trails or the Wild and
Scenic Rivers System, including study rivers designated under section
5(a) of the Wild and Scenic Rivers Act; and
(l) Other relevant information required by the regulatory authority.
(44 FR 15363, Mar. 13, 1979; 44 FR 49685, Aug. 24, 1979, as amended
at 45 FR 51550, Aug. 4, 1980; 48 FR 14822, Apr. 5, 1983; 52 FR 4263,
Feb. 10, 1987)
30 CFR 783.25 Cross sections, maps, and plans.
(a) The application shall include cross sections, maps, and plans
showing --
(1) Elevations and locations of test borings and core samplings;
(2) Elevations and locations of monitoring stations used to gather
data on water quality and quantity, fish and wildlife, and air quality,
if required, in preparation of the application.
(3) Nature, depth, and thickness of the coal seams to be mined, any
coal or rider seams above the seam to be mined, each stratum of the
overburden, and the stratum immediately below the lowest coal seam to be
mined;
(4) All coal crop lines and the strike and dip of the coal to be
mined within the proposed permit area;
(5) Location and extent of known workings of active, inactive, or
abandoned underground mines, including mine openings to the surface
within the proposed permit and adjacent areas;
(6) Location and extent of sub-surface water, if encountered, within
the proposed permit or adjacent areas, including, but not limited to
areal and vertical distribution of aquifers, and portrayal of seasonal
differences of head in different aquifers on cross-sections and contour
maps;
(7) Location of surface water bodies such as streams, lakes, ponds,
springs, constructed or natural drains, and irrigation ditches within
the proposed permit and adjacent areas;
(8) Location and extent of existing or previously surface-mined areas
within the proposed permit area;
(9) Location and dimensions of existing areas of spoil, waste, coal
development waste, and non-coal waste disposal, dams, embankments, other
impoundments, and water treatment and air pollution control facilities
within the proposed permit area;
(10) Location, and depth if available, of gas and oil wells within
the proposed permit area and water wells in the permit area and adjacent
areas;
(11) Sufficient slope measurements to adequately represent the
existing land surface configuration of the area affected by surface
operations and facilities, measured and recorded according to the
following:
(i) Each measurement shall consist of an angle of inclination along
the prevailing slope extending 100 linear feet above and below or beyond
the coal outcrop or the area to be disturbed or, where this is
impractical, at locations specified by the regulatory authority.
(ii) Where the area has been previously mined, the measurements shall
extend at least 100 feet beyond the limits of mining disturbances, or
any other distance determined by the regulatory authority to be
representative of the premining configuration of the land.
(iii) Slope measurements shall take into account natural variations
in slope, to provide accurate representation of the range of natural
slopes and reflect geomorphic differences of the area to be disturbed.
(b) Cross-sections, maps and plans included in a permit application
as required by this section shall be prepared by, or under the direction
of, and certified by a qualified, registered, professional engineer, a
professional geologist, or in any State which authorizes land surveyors
to prepare and certify such cross sections, maps and plans, a qualified,
registered, professional, land surveyor, with assistance from experts in
related fields such as landscape architecture, and shall be updated as
required by the regulatory authority.
(44 FR 15363, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980;
50 FR 16199, Apr. 24, 1985)
Editorial Note: For a document suspending 783.25 (a)(3), (a)(8) and
(a)(9) (previously 783.25 (c), (h) and (i)), see 45 FR 51548, Aug. 4,
1980.
30 CFR 783.25 PART 784 -- UNDERGROUND MINING PERMIT APPLICATIONS --
MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN
Sec.
784.1 Scope.
784.2 Objectives.
784.4 Responsibilities.
784.10 Information collection.
784.11 Operation plan: General requirements.
784.12 Operation plan: Existing structures.
784.13 Reclamation plan: General requirements.
784.14 Hydrologic information.
784.15 Reclamation plan: Postmining land uses.
784.16 Reclamation plan: Ponds, impoundments, banks, dams, and
embankments.
784.17 Protection of public parks and historic places.
784.18 Relocation or use of public roads.
784.19 Underground development waste.
784.20 Subsidence control plan.
784.21 Fish and wildlife information.
784.22 Geologic information.
784.23 Operator plan: Maps and plans.
784.24 Road systems.
784.25 Return of coal processing waste to abandoned underground
workings.
784.26 Air pollution control plan.
784.29 Diversions.
784.30 Support facilities.
784.200 Interpretive rules related to General Performance Standards.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq., as amended; sec.
115 of Pub. L. 98-146, 30 U.S.C. 1257; 16 U.S.C. 470 et seq.; and Pub.
L. 100-34.
Source: 44 FR 15366, Mar. 13, 1979, unless otherwise noted.
30 CFR 784.1 Scope.
This part provides the minimum requirements for the Secretary's
approval of regulatory program provisions for the mining operations and
reclamation plans portions of applications for permits for underground
mining activities, except to the extent that different requirements for
those plans are established under 30 CFR part 785.
30 CFR 784.2 Objectives.
The objectives of this part are to ensure that the regulatory
authority is provided with comprehensive and reliable information on
proposed underground mining activities, and to ensure that those
activities are allowed to be conducted only in compliance with the Act,
this chapter, and the regulatory program.
30 CFR 784.4 Responsibilities.
(a) It is the responsibility of the applicant to provide to the
regulatory authority all of the information required by this part,
except where specifically exempted in this part.
(b) It is the responsibility of State and Federal governmental
agencies to provide information to the regulatory authority where
specifically required in this part.
30 CFR 784.10 Information collection.
The information collection requirements contained in 30 CFR 784.11,
784.12, 784.13, 784.14, 784.15, 784.16, 784.17, 784.18, 784.19, 784.20,
784.21, 784.23, 784.24, 784.25 and 784.26 have been approved by the
Office of Management and Budget under 44 U.S.C. 3507 and assigned
clearance number 1029-0039. The information is being collected to meet
the requirements of sections 507(b), 508(a) and 516(b) of Pub. L.
95-87, which require applicants for underground mine permits to provide
a description of each existing structure proposed to be used in the
mining or reclamation operation and a compliance plan for structures
proposed to be modified or constructed for use in the operation. This
information will be used by the regulatory authority in determining if
the applicant can comply with the performance standards for underground
mining. The obligation to respond is mandatory.
(47 FR 33686, Aug. 4, 1982)
30 CFR 784.11 Operation plan: General requirements.
Each application shall contain a description of the mining operations
proposed to be conducted during the life of the mine within the proposed
permit area, including, at a minimum, the following:
(a) A narrative description of the type and method of coal mining
procedures and proposed engineering techniques, anticipated annual and
total production of coal, by tonnage, and the major equipment to be used
for all aspects of those operations; and
(b) A narrative explaining the construction, modification, use,
maintenance, and removal of the following facilities (unless retention
of such facility is necessary for postmining land use as specified in
817.133):
(1) Dams, embankments, and other impoundments;
(2) Overburden and topsoil handling and storage areas and structures;
(3) Coal removal, handling, storage, cleaning, and transportation
areas and structures;
(4) Spoil, coal processing waste, mine development waste, and
non-coal waste removal, handling, storage, transportation, and disposal
areas and structures;
(5) Mine facilities; and
(6) Water pollution control facilities.
(44 FR 15366, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980)
30 CFR 784.12 Operation plan: Existing structures.
(a) Each application shall contain a description of each existing
structure proposed to be used in connection with or to facilitate the
surface coal mining and reclamation operation. The description shall
include:
(1) Location;
(2) Plans of the structure which describe its current condition;
(3) Approximate dates on which construction of the existing structure
was begun and completed; and
(4) A showing, including relevant monitoring data or other evidence,
whether the structure meets the performance standards of subchapter K
(Permanent Program Standards) of this chapter or, if the structure does
not meet the performance standards of subchapter K of this chapter, a
showing whether the structure meets the performance standards of
subchapter B (Interim Program Standards) of this chapter.
(b) Each application shall contain a compliance plan for each
existing structure proposed to be modified or reconstructed for use in
connection with or to facilitate the surface coal mining and reclamation
operation. The compliance plan shall include --
(1) Design specifications for the modification or reconstruction of
the structure to meet the design and performance standards of subchapter
K of this chapter;
(2) A construction schedule which shows dates for beginning and
completing interim steps and final reconstruction;
(3) Provisions for monitoring the structure during and after
modification or reconstruction to ensure that the performance standards
of subchapter K of this chapter are met; and
(4) A showing that the risk of harm to the environment or to public
health or safety is not significant during the period of modification or
reconstruction.
30 CFR 784.13 Reclamation plan: General requirements.
(a) Each application shall contain a plan for the reclamation of the
lands within the proposed permit area, showing how the applicant will
comply with sections 515 and 516 of the Act, subchapter K of this
chapter, and the environmental protection performance standards of the
regulatory program. The plan shall include, at a minimum, all
information required under 30 CFR 784.13 through 784.26.
(b) Each plan shall contain the following information for the
proposed permit area;
(1) A detailed timetable for the completion of each major step in the
reclamation plan;
(2) A detailed estimate of the cost of the reclamation of the
proposed operations required to be covered by a performance bond under
subchapter J of this chapter, with supporting calculations for the
estimates;
(3) A plan for backfilling, soil stabilization, compacting and
grading, with contour maps or cross sections that show the anticipated
final surface configuration of the proposed permit area, in accordance
with 30 CFR 817.102 through 817.107;
(4) A plan for removal, storage, and redistribution of topsoil,
subsoil, and other material to meet the requirements of 817.22 of this
chapter. A demonstration of the suitability of topsoil substitutes or
supplements under 817.22(b) of this chapter shall be based upon
analysis of the thickness of soil horizons, total depth, texture,
percent coarse fragments, pH, and areal extent of the different kinds of
soils. The regulatory authority may require other chemical and physical
analyses, field-site trials, or greenhouse tests if determined to be
necessary or desirable to demonstrate the suitability of the topsoil
substitutes or supplements.
(5) A plan for revegetation as required in 30 CFR 817.111 through
817.116, including, but not limited to, descriptions of the --
(i) Schedule of revegetation;
(ii) Species and amounts per acre of seeds and seedlings to be used;
(iii) Methods to be used in planting and seeding;
(iv) Mulching techniques;
(v) Irrigation, if appropriate, and pest and disease control
measures, if any;
(vi) Measures proposed to be used to determine the success of
revegetation as required in 30 CFR 817.116; and,
(vii) A soil testing plan for evaluation of the results of topsoil
handling and reclamation procedures related to revegetation.
(6) A description of the measures to be used to maximize the use and
conservation of the coal resource as required in 30 CFR 817.59;
(7) A description of measures to be employed to ensure that all
debris, acid-forming and toxic-forming materials, and materials
constituting a fire hazard are disposed of in accordance with 30 CFR
817.89 and 817.102 and a description of the contingency plans which have
been developed to preclude sustained combustion of such materials;
(8) A description, including appropriate cross sections and maps, of
the measures to be used to seal or manage mine openings, and to plug,
case or manage exploration holes, other bore holes, wells and other
openings within the proposed permit area, in accordance with 30 CFR
817.13 -- 817.15; and
(9) A description of steps to be taken to comply with the
requirements of the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean
Water Act (33 U.S.C. 1251 et seq.), and other applicable air and water
quality laws and regulations and health and safety standards.
(44 FR 15366, Mar. 13, 1979; 44 FR 49686, Aug. 24, 1979, as amended
at 48 FR 22100, May 16, 1983; 48 FR 44780, Sept. 30, 1983)
30 CFR 784.14 Hydrologic information.
(a) Sampling and analysis. All water quality analyses performed to
meet the requirements of this section shall be conducted according to
the methodology in the 15th edition of ''Standard Methods for the
Examination of Water and Wastewater,'' which is incorporated by
reference, or the methodology in 40 CFR parts 136 and 434. Water
quality sampling performed to meet the requirements of this section
shall be conducted according to either methodology listed above when
feasible. ''Standard Methods for the Examination of Water and
Wastewater,'' is a joint publication of the American Public Health
Association, the American Water Works Association, and the Water
Pollution Control Federation and is available from the American Public
Health Association, 1015 Fifteenth Street, NW., Washington, DC 20036.
This document is also available for inspection at the Office of the
Federal Register Information Center, Room 8301, 1100 L Street, NW.,
Washington, DC; at the Office of the OSM Administrative Record, U.S.
Department of the Interior, Room 5315, 1100 L Street, NW., Washington,
DC; at the OSM Eastern Technical Service Center, U.S. Department of the
Interior, Building 10, Parkway Center, Pittsburgh, Pa.; and at the OSM
Western Technical Service Center, U.S. Department of the Interior,
Brooks Tower, 1020 15th Street, Denver, Colo. This incorporation by
reference was approved by the Director of the Federal Register on
October 26, 1983. This document is incorporated as it exists on the
date of the approval, and a notice of any change in it will be published
in the Federal Register.
(b) Baseline information. The application shall include the
following baseline hydrologic information, and any additional
information required by the regulatory authority.
(1) Ground-water information. The location and ownership for the
permit and adjacent areas of existing wells, springs, and other
ground-water resources, seasonal quality and quantity of ground water,
and usage. Water quality descriptions shall include, at a minimum,
total dissolved solids or specific conductance corrected to 25 C, pH,
total iron, and total manganese. Ground-water quantity descriptions
shall include, at a minimum, approximate rates of discharge or usage and
depth to the water in the coal seam, and each water-bearing stratum
above and potentially impacted stratum below the coal seam.
(2) Surface-water information. The name, location, ownership and
description of all surface-water bodies such as streams, lakes, and
impoundments, the location of any discharge into any surface-water body
in the proposed permit and adjacent areas, and information on
surface-water quality and quantity sufficient to demonstrate seasonal
variation and water usage. Water quality descriptions shall include, at
a minimum, baseline information on total suspended solids, total
dissolved solids or specific conductance corrected to 25 C, pH, total
iron, and total manganese. Baseline acidity and alkalinity information
shall be provided if there is a potential for acid drainage from the
proposed mining operation. Water quantity descriptions shall include,
at a minimum, baseline information on seasonal flow rates.
(3) Supplemental information. If the determination of the probable
hydrologic consequences (PHC) required by paragraph (e) of this section
indicates that adverse impacts on or off the proposed permit area may
occur to the hydrologic balance, or that acid-forming or toxic-forming
material is present that may result in the contamination of ground-water
or surface-water supplies, then information supplemental to that
required under paragraphs (b) (1) and (2) of this section shall be
provided to evaluate such probable hydrologic consequences and to plan
remedial and reclamation activities. Such supplemental information may
be based upon drilling, aquifer tests, hydrogeologic analysis of the
water-bearing strata, flood flows, or analysis of other water quality or
quantity characteristics.
(c) Baseline cumulative impact area information. (1) Hydrologic and
geologic information for the cumulative impact area necessary to assess
the probable cumulative hydrologic impacts of the proposed operation and
all anticipated mining on surface- and ground-water systems as required
by paragraph (f) of this section shall be provided to the regulatory
authority if available from appropriate Federal or State agencies.
(2) If this information is not available from such agencies, then the
applicant may gather and submit this information to the regulatory
authority as part of the permit application.
(3) The permit shall not be approved until the necessary hydrologic
and geologic information is available to the regulatory authority.
(d) Modeling. The use of modeling techniques, interpolation or
statistical techniques may be included as part of the permit
application, but actual surface- and ground-water information may be
required by the regulatory authority for each site even when such
techniques are used.
(e) Probable hydrologic consequences determination. (1) The
application shall contain a determination of the probable hydrologic
consequences (PHC) of the proposed operation upon the quality and
quantity of surface and ground water under seasonal flow conditions for
the proposed permit and adjacent areas.
(2) The PHC determination shall be based on baseline hydrologic,
geologic, and other information collected for the permit application and
may include data statistically representative of the site.
(3) The PHC determination shall include findings on:
(i) Whether adverse impacts may occur to the hydrologic balance;
(ii) Whether acid-forming or toxic-forming materials are present that
could result in the contamination of surface or ground water supplies;
and
(iii) What impact the proposed operation will have on:
(A) Sediment yield from the disturbed area; (B) acidity, total
suspended and dissolved solids, and other important water quality
parameters of local impact; (C) flooding or streamflow alteration; (D)
ground water and surface water availability; and (E) other
characteristics as required by the regulatory authority.
(4) An application for a permit revision shall be reviewed by the
regulatory authority to determine whether a new or updated PHC shall be
required.
(f) Cumulative hydrologic impact assessment. (1) The regulatory
authority shall provide an assessment of the probable cumulative
hydrologic impacts (CHIA) of the proposed operation and all anticipated
mining upon surface- and ground-water systems in the cumulative impact
area. The CHIA shall be sufficient to determine, for purposes of permit
approval, whether the proposed operation has been designed to prevent
material damage to the hydrologic balance outside the permit area. The
regulatory authority may allow the applicant to submit data and analyses
relevant to the CHIA with the permit application.
(2) An application for a permit revision shall be reviewed by the
regulatory authority to determine whether a new or updated CHIA shall be
required.
(g) Hydrologic reclamation plan. The application shall include a
plan, with maps and descriptions, indicating how the relevant
requirements of part 817 of this chapter, including 817.41 to 817.43,
will be met. The plan shall be specific to the local hydrologic
conditions. It shall contain the steps to be taken during mining and
reclamation through bond release to minimize disturbance to the
hydrologic balance within the permit and adjacent areas; to prevent
material damage outside the permit area; and to meet applicable Federal
and State water quality laws and regulations. The plan shall include
the measures to be taken to: avoid acid or toxic drainage; prevent, to
the extent possible using the best technology currently available,
additional contributions of suspended solids to streamflow; provide
water treatment facilities when needed; and control drainage. The plan
shall specifically address any potential adverse hydrologic consequences
identified in the PHC determination prepared under paragraph (e) of this
section and shall include preventive and remedial measures.
(h) Ground-water monitoring plan. (1) The application shall include
a ground-water monitoring plan based upon the PHC determination required
under paragraph (e) of this section and the analysis of all baseline
hydrologic, geologic and other information in the permit application.
The plan shall provide for the monitoring of parameters that relate to
the suitability of the ground water for current and approved postmining
land uses and to the objectives for protection of the hydrologic balance
set forth in paragraph (g) of this section. It shall identify the
quantity and quality parameters to be monitored, sampling frequency and
site locations. It shall describe how the data may be used to determine
the impacts of the operation upon the hydrologic balance. At a minimum,
total dissolved solids or specific conductance corrected to 25 C, pH,
total iron, total manganese, and water levels shall be monitored and
data submitted to the regulatory authority at least every 3 months for
each monitoring location. The regulatory authority may require
additional monitoring.
(2) If an applicant can demonstrate by the use of the PHC
determination and other available information that a particular
water-bearing stratum in the proposed permit and adjacent areas is not
one which serves as an aquifer which significantly ensures the
hydrologic balance within the cumulative impact area, then monitoring of
that stratum may be waived by the regulatory authority.
(i) Surface-water monitoring plan. (1) The application shall include
a surface-water monitoring plan based upon the PHC determination
required under paragraph (e) of this section and the analysis of all
baseline hydrologic, geologic and other information in the permit
application. The plan shall provide for the monitoring of parameters
that relate to the suitability of the surface water for current and
approved postmining land uses and to the objectives for protection of
the hydrologic balance as set forth in paragraph (g) of this section as
well as the effluent limitations found at 40 CFR part 434.
(2) The plan shall identify the surface-water quantity and quality
parameters to be monitored, sampling frequency and site locations. It
shall describe how the data may be used to determine the impacts of the
operation upon the hydrologic balance.
(i) At all monitoring locations in streams, lakes, and impoundments,
that are potentially impacted or into which water will be discharged and
at upstream monitoring locations, the total dissolved solids or specific
conductance corrected at 25 C, total suspended solids, pH, total iron,
total manganese, and flow shall be monitored.
(ii) For point-source discharges, monitoring shall be conducted in
accordance with 40 CFR parts 122, 123 and 434 and as required by the
National Pollutant Discharge Elimination System permitting authority.
(3) The monitoring reports shall be submitted to the regulatory
authority every 3 months. The regulatory authority may require
additional monitoring.
(48 FR 43987, Sept. 26, 1983, as amended at 52 FR 45923, Dec. 2,
1987; 53 FR 36401, Sept. 19, 1988)
30 CFR 784.15 Reclamation plan: Postmining land uses.
(a) Each plan shall contain a detailed description of the proposed
use, following reclamation, of the land to be affected within the
proposed permit area by surface operations or facilities, including a
discussion of the utility and capacity of the reclaimed land to support
a variety of alternative uses, and the relationship of the proposed use
to existing land use policies and plans. This description shall explain
--
(1) How the proposed postmining land use is to be achieved and the
necessary support activities which may be needed to achieve the proposed
land use;
(2) Where a land use different from the pre-mining land use is
proposed, all materials needed for approval of the alternative use under
30 CFR 817.133; and
(3) The consideration given to making all of the proposed underground
mining activities consistent with surface owner plans and applicable
State and local land use plans and programs.
(b) The description shall be accompanied by a copy of the comments
concerning the proposed use from the legal or equitable owner of record
of the surface areas to be affected by surface operations or facilities
within the proposed permit area and the State and local government
agencies which would have to initiate, implement, approve, or authorize
the proposed use of the land following reclamation.
30 CFR 784.16 Reclamation plan: Ponds, impoundments, banks, dams and
embankments.
(a) General. Each application shall include a general plan for each
proposed sedimentation pond, water impoundment, and coal processing
waste bank, dam or embankment within the proposed permit area.
(1) Each general plan shall --
(i) Be prepared by, or under the direction of, and certified by a
qualified, registered, professional engineer, a professional geologist,
or in any State which authorizes land surveyors to prepare and certify
such plans, a qualified, registered, professional, land surveyor with
assistance from experts in related fields such as landscape
architecture;
(ii) Contain a description, map, and cross section of the structure
and its location;
(iii) Contain preliminary hydrologic and geologic information
required to assess the hydrologic impact of the structure;
(iv) Contain a survey describing the potential effect on the
structure from subsidence of the subsurface strata resulting from past
underground mining operations if underground mining has occurred; and
(v) Contain a certification statement which includes a schedule
setting forth the dates when any detailed design plans for structures
that are not submitted with the general plan will be submitted to the
regulatory authority. The regulatory authority shall have approved, in
writing, the detailed design plan for a structure before construction of
the structure begins.
(2) Each detailed design plan for a structure that meets or exceeds
the size or other criteria of the Mine Safety and Health Administration,
30 CFR 77.216(a) shall --
(i) Be prepared by, or under the direction of, and certified by a
qualified registered professional engineer with assistance from experts
in related fields such as geology, land surveying, and landscape
architecture;
(ii) Include any geotechnical investigation, design, and construction
requirements for the structure;
(iii) Describe the operation and maintenance requirements for each
structure; and
(iv) Describe the timetable and plans to remove each structure, if
appropriate.
(3) Each detailed design plan for a structure that does not meet the
size or other criteria of 77.216(a) of this title shall --
(i) Be prepared by, or under the direction of, and certified by a
qualified, registered, professional engineer, or in any State which
authorizes land surveyors to prepare and certify such plans, a
qualified, registered, professional, land surveyor, except that all coal
processing waste dams and embankments covered by 817.81 through 817.84
of this chapter shall be certified by a qualified, registered,
professional engineer;
(ii) Include any design and construction requirements for the
structure, including any required geotechnical information;
(iii) Describe the operation and maintenance requirements for each
structure; and
(iv) Describe the timetable and plans to remove each structure, if
appropriate.
(b) Sedimentation ponds. (1) Sedimentation ponds, whether temporary
or permanent, shall be designed in compliance with the requirements of
30 CFR 817.46. Any sedimentation pond or earthen structure which will
remain on the proposed permit area as a permanent water impoundment
shall also be designed to comply with the requirements of 30 CFR 817.49.
(2) Each plan shall, at a minimum, comply with the requirements of
the Mine Safety and Health Administration, 30 CFR 77.216-1 and 77.216-2.
(c) Permanent and temporary impoundments. (1) Permanent and
temporary impoundments shall be designed to comply with the requirements
of 817.49 of this chapter.
(2) Each plan for an impoundment meeting the size of other criteria
of the Mine Safety and Health Administration shall comply with the
requirements of 77.216-1 and 77.216-2 of this title. The plan
required to be submitted to the District Manager of MSHA under 77.216
of this title shall be submitted to the regulatory authority as part of
the permit application in accordance with paragraph (a) of this section.
(3) For an impoundment not meeting the size or other criteria of
77.216(a) of this title and located where failure would not be expected
to cause loss of life or serious property damage, the regulatory
authority may establish through the State program approval process
engineering design standards that ensure stability comparable to a 1.3
minimum static safety factor in lieu of engineering tests to establish
compliance with the minimum static safety factor of 1.3 specified in
817.49(a)(3)(ii) of this chapter.
(d) Coal processing waste banks. Coal processing waste banks shall
be designed to comply with the requirements of 30 CFR 817.81 through
817.84.
(e) Coal processing waste dams and embankments. Coal processing
waste dams and embankments shall be designed to comply with the
requirements of 30 CFR 817.81 through 817.84. Each plan shall comply
with the requirements of the Mine Safety and Health Administration, 30
CFR 77.216-1 and 77.216-2, and shall contain the results of a
geotechnical investigation of the proposed dam or embankment foundation
area, to determine the structural competence of the foundation which
will support the proposed dam or embankment structure and the impounded
material. The geotechnical investigation shall be planned and
supervised by an engineer or engineering geologist, according to the
following:
(1) The number, location, and depth of borings and test pits shall be
determined using current prudent engineering practice for the size of
the dam or embankment, quantity of material to be impounded, and
subsurface conditions.
(2) The character of the overburden and bedrock, the proposed
abutment sites, and any adverse geotechnical conditions which may affect
the particular dam, embankment, or reservoir site shall be considered.
(3) All springs, seepage, and ground water flow observed or
anticipated during wet periods in the area of the proposed dam or
embankment shall be identified on each plan.
(4) Consideration shall be given to the possibility of mudflows,
rock-debris falls, or other landslides into the dam, embankment, or
impounded material.
(f) If the structure is 20 feet or higher or impounds more than 20
acre-feet, each plan under paragraphs (b), (c), and (e) of this section
shall include a stability analysis of each structure. The stability
analysis shall include, but not be limited to, strength parameters, pore
pressures, and long-term seepage conditions. The plan shall also
contain a description of each engineering design assumption and
calculation with a discussion of each alternative considered in
selecting the specific design parameters and construction methods.
(44 FR 15366, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980;
48 FR 44780, Sept. 30, 1983; 50 FR 16199, Apr. 24, 1985; 53 FR 43605,
Oct. 27, 1988; 53 FR 48614, Dec. 1, 1988)
30 CFR 784.17 Protection of public parks and historic places.
(a) For any publicly owned parks or any places listed on the National
Register of Historic Places that may be adversely affected by the
proposed operation, each plan shall describe the measures to be used.
(1) To prevent adverse impacts, or
(2) If valid existing rights exist or joint agency approval is to be
obtained under 761.12(f) of this chapter, to minimize impacts.
(b) The regulatory authority may require the applicant to protect
historic and archeological properties listed on or eligible for listing
on the National Register of Historic Places through appropriate
mitigation and treatment measures. Appropriate mitigation and treatment
measures may be required to be taken after permit issuance provided that
the required measures are completed before the properties are affected
by any mining operation.
(52 FR 4263, Feb. 10, 1987)
30 CFR 784.18 Relocation or use of public roads.
Each application shall describe, with appropriate maps and cross
sections, the measures to be used to ensure that the interests of the
public and landowners affected are protected if, under 30 CFR 761.12(d),
the applicant seeks to have the regulatory authority approve --
(a) Conducting the proposed underground mining activities within 100
feet of the right-of-way line of any public road, except where mine
access or haul roads join that right-of-way; or
(b) Relocating a public road.
30 CFR 784.19 Underground development waste.
Each plan shall contain descriptions, including appropriate maps and
cross-section drawings of the proposed disposal methods and sites for
placing underground development waste and excess spoil generated at
surface areas affected by surface operations and facilities, according
to 30 CFR 817.71 through 817.74. Each plan shall describe the
geotechnical investigation, design, construction, operation, maintenance
and removal, if appropriate, of the structures and be prepared according
to 30 CFR 780.35.
30 CFR 784.20 Subsidence control plan.
The permit application shall include a survey which shall show
whether structures or renewable resource lands exist within the proposed
permit area and adjacent area and whether subsidence, if it occurred,
could cause material damage or diminution of reasonably foreseeable use
of such structures or renewable resource lands. If the survey shows
that no such structures or renewable resource lands exist, or no such
material damage or diminution could be caused in the event of mine
subsidence, and if the regulatory authority agrees with such conclusion,
no further information need be provided in the application under this
section. In the event the survey shows that such structures or
renewable resource lands exist, and that subsidence could cause material
damage or diminution of value or foreseeable use of the land, or if the
regulatory authority determines that such damage or diminution could
occur, the application shall include a subsidence control plan which
shall contain the following information:
(a) A description of the method of coal removal, such as longwall
mining, room-and-pillar removal, hydraulic mining, or other extraction
methods, including the size, sequence, and timing for the development of
underground workings.
(b) A map of underground workings which describes the location and
extent of areas in which planned-subsidence mining methods will be used
and which includes all areas where the measures described in paragraphs
(d) and (e) of this section will be taken to prevent or minimize
subsidence and subsidence related damage; and, where appropriate, to
correct subsidence-related material damage.
(c) A description of the physical conditions, such as depth of cover,
seam thickness, and lithology, which affect the likelihood or extent of
subsidence and subsidence-related damage.
(d) A description of monitoring, if any, needed to determine the
commencement and degree of subsidence so that, when appropriate, other
measures can be taken to prevent, reduce, or correct material damage in
accordance with 817.121(c) of this chapter.
(e) Except for those areas where planned subsidence is projected to
be used, a detailed description of the subsidence control measures that
will be taken to prevent or minimize subsidence and subsidence-related
damage, including, but not limited to --
(1) Backstowing or backfilling of voids;
(2) Leaving support pillars of coal;
(3) Leaving areas in which no coal is removed, including a
description of the overlying area to be protected by leaving the coal in
place; and
(4) Taking measures on the surface to prevent material damage or
lessening of the value or reasonably foreseeable use of the surface.
(f) A description of the anticipated effects of planned subsidence,
if any.
(g) A description of the measures to be taken in accordance with
817.121(c) of this chapter to mitigate or remedy any subsidence-related
material damage to, or diminution in value or reasonably foreseeable use
of --
(1) The land, or
(2) Structures or facilities to the extent required under State law.
(h) Other information specified by the regulatory authority as
necessary to demonstrate that the operation will be conducted in
accordance with the performance standards of 817.121 of this chapter
for subsidence control.
(48 FR 24650, June 1, 1983, as amended at 52 FR 4867, Feb. 17, 1987)
30 CFR 784.21 Fish and wildlife information.
(a) Resource information. Each application shall include fish and
wildlife resource information for the permit area and adjacent area.
(1) The scope and level of detail for such information shall be
determined by the regulatory authority in consultation with State and
Federal agencies with responsibilities for fish and wildlife and shall
be sufficient to design the protection and enhancement plan required
under paragraph (b) of this section.
(2) Site-specific resource information necessary to address the
respective species or habitats shall be required when the permit area or
adjacent area is likely to include:
(i) Listed or proposed endangered or threatened species of plants or
animals or their critical habitats listed by the Secretary under the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), or
those species or habitats protected by similar State statutes;
(ii) Habitats of unusually high value for fish and wildlife such as
important streams, wetlands, riparian areas, cliffs supporting raptors,
areas offering special shelter or protection, migration routes, or
reproduction and wintering areas; or
(iii) Other species or habitats identified through agency
consultation as requiring special protection under State or Federal law.
(b) Protection and enhancement plan. Each application shall include
a description of how, to the extent possible using the best technology
currently available, the operator will minimize disturbances and adverse
impacts on fish and wildlife and related environmental values, including
compliance with the Endangered Species Act, during the surface coal
mining and reclamation operations and how enhancement of these resources
will be achieved where practicable. This description shall --
(1) Be consistent with the requirements of 817.97 of this chapter;
(2) Apply, at a minimum, to species and habitats identified under
paragraph (a) of this section; and
(3) Include --
(i) Protective measures that will be used during the active mining
phase of operation. Such measures may include the establishment of
buffer zones, the selective location and special design of haul roads
and powerlines, and the monitoring of surface water quality and
quantity; and
(ii) Enchancement measures that will be used during the reclamation
and postmining phase of operation to develop aquatic and terrestrial
habitat. Such measures may include restoration of streams and other
wetlands, retention of ponds and impoundments, establishment of
vegetation for wildlife food and cover, and the placement of perches and
nest boxes. Where the plan does not include enhancement measures, a
statement shall be given explaining why enhancement is not practicable.
(c) Fish and Wildlife Service review. Upon request, the regulatory
authority shall provide the resource information required under
paragraph (a) of this section and the protection and enhancement plan
required under paragraph (b) of this section to the U.S. Department of
the Interior, Fish and Wildlife Service Regional or Field Office for
their review. This information shall be provided within 10 days of
receipt of the request from the Service.
(52 FR 47359, Dec. 11, 1987)
30 CFR 784.22 Geologic information.
(a) General. Each application shall include geologic information in
sufficient detail to assist in --
(1) Determining the probable hydrologic consequences of the operation
upon the quality and quantity of surface and ground water in the permit
and adjacent areas, including the extent to which surface- and
ground-water monitoring is necessary;
(2) Determining all potentially acid- or toxic-forming strata down to
and including the stratum immediately below the coal seam to be mined;
(3) Determining whether reclamation as required by this chapter can
be accomplished and whether the proposed operation has been designed to
prevent material damage to the hydrologic balance outside the permit
area; and
(4) Preparing the subsidence control plan under 784.20.
(b) Geologic information shall include, at a minimum, the following:
(1) A description of the geology of the proposed permit and adjacent
areas down to and including the deeper of either the stratum immediately
below the lowest coal seam to be mined or any aquifer below the lowest
coal seam to be mined which may be adversely impacted by mining. This
description shall include the areal and structural geology of the permit
and adjacent areas, and other parameters which influence the required
reclamation and it shall also show how the areal and structural geology
may affect the occurrence, availability, movement, quantity and quality
of potentially impacted surface and ground water. It shall be based on
--
(i) The cross sections, maps, and plans required by 783.25 of this
chapter;
(ii) The information obtained under paragraphs (b)(2), (b)(3), and
(c) of this section; and
(iii) Geologic literature and practices.
(2) For any portion of a permit area in which the strata down to the
coal seam to be mined will be removed or are already exposed, samples
shall be collected and analyzed from test borings; drill cores; or
fresh, unweathered, uncontaminated samples from rock outcrops down to
and including the deeper of either the stratum immediately below the
lowest coal seam to be mined or any aquifer below the lowest coal seam
to be mined which may be adversely impacted by mining. The analyses
shall result in the following:
(i) Logs showing the lithologic characteristics including physical
properties and thickness of each stratum and location of ground water
where occurring;
(ii) Chemical analyses identifying those strata that may contain
acid- or toxic-forming, or alkalinity-producing materials and to
determine their content except that the regulatory authority may find
that the analysis for alkalinity-producing material is unnecessary; and
(iii) Chemical analysis of the coal seam for acid- or toxic-forming
materials, including the total sulfur and pyritic sulfur, except that
the regulatory authority may find that the analysis of pyritic sulfur
content is unnecessary.
(3) For lands within the permit and adjacent areas where the strata
above the coal seam to be mined will not be removed, samples shall be
collected and analyzed from test borings or drill cores to provide the
following data:
(i) Logs of drill holes showing the lithologic characteristics,
including physical properties and thickness of each stratum that may be
impacted, and location of ground water where occurring;
(ii) Chemical analyses for acid- or toxic-forming or
alkalinity-producing materials and their content in the strata
immediately above and below the coal seam to be mined;
(iii) Chemical analyses of the coal seam for acid- or toxic-forming
materials, including the total sulfur and pyritic sulfur, except that
the regulatory authority may find that the analysis of pyrite sulfur
content is unnecessary; and
(iv) For standard room and pillar mining operations, the thickness
and engineering properties of clays or soft rock such as clay shale, if
any, in the stratum immediately above and below each coal seam to be
mined.
(c) If determined to be necessary to protect the hydrologic balance,
to minimize or prevent subsidence, or to meet the performance standards
of this chapter, the regulatory authority may require the collection,
analysis and description of geologic information in addition to that
required by paragraph (b) of this section.
(d) An applicant may request the regulatory authority to waive in
whole or in part the requirements of paragraphs (b) (2) and (3) of this
section. The waiver may be granted only if the regulatory authority
finds in writing that the collection and analysis of such data is
unnecessary because other information having equal value or effect is
available to the regulatory authority in a satisfactory form.
(48 FR 43989, Sept. 26, 1983)
30 CFR 784.23 Operation plan: Maps and plans.
Each application shall contain maps and plans as follows:
(a) The maps, plans and cross-sections shall show the underground
mining activities to be conducted, the lands to be affected throughout
the operation, and any change in a facility or feature to be caused by
the proposed operations, if the facility or feature was shown under 30
CFR 783.24 and 783.25.
(b) The following shall be shown for the proposed permit area:
(1) Buildings, utility corridors, and facilities to be used;
(2) The area of land to be affected within the proposed permit area,
according to the sequence of mining and reclamation;
(3) Each area of land for which a performance bond or other
equivalent guarantee will be posted under subchapter J of this chapter;
(4) Each coal storage, cleaning and loading area;
(5) Each topsoil, spoil, coal preparation waste, underground
development waste, and non-coal waste storage area;
(6) Each water diversion, collection, conveyance, treatment, storage
and discharge facility to be used;
(7) Each source of waste and each waste disposal facility relating to
coal processing or pollution control;
(8) Each facility to be used to protect and enhance fish and wildlife
related environmental values;
(9) Each explosive storage and handling facility;
(10) Location of each sedimentation pond, permanent water
impoundment, coal processing waste bank, and coal processing waste dam
and embankment, in accordance with 30 CFR 784.16 and disposal areas for
underground development waste and excess spoil, in accordance with 30
CFR 784.19;
(11) Each profile, at cross-sections specified by the regulatory
authority, of the anticipated final surface configuration to be achieved
for the affected areas;
(12) Location of each water and subsidence monitoring point;
(13) Location of each facility that will remain on the proposed
permit area as a permanent feature, after the completion of underground
mining activities.
(c) Except as provided in 784.16(a)(2), 784.16(a)(3), 784.19,
817.71(b), 817.73(c), 817.74(c) and 817.81(c) of this chapter, cross
sections, maps and plans required under paragraphs (b)(4), (5), (6),
(10) and (11) of this section shall be prepared by, or under the
direction of, and certified by a qualified, registered, professional
engineer, a professional geologist, or in any State which authorizes
land surveyors to prepare and certify such cross sections, maps and
plans, a qualified, registered, professional, land surveyor, with
assistance from experts in related fields such as landscape
architecture.
(44 FR 15366, Mar. 13, 1979; 44 FR 49686, Aug. 24, 1979, as amended
at 45 FR 51550, Aug. 4, 1980; 48 FR 14822, Apr. 5, 1983; 50 FR 16199,
Apr. 24, 1985; 56 FR 65635, Dec. 17, 1991)
30 CFR 784.24 Road systems.
(a) Plans and drawings. Each applicant for an underground coal
mining and reclamation permit shall submit plans and drawings for each
road, as defined in 701.5 of this chapter, to be constructed, used, or
maintained within the proposed permit area. The plans and drawings
shall --
(1) Include a map, appropriate cross sections, design drawings, and
specifications for road widths, gradients, surfacing materials, cuts,
fill embankments, culverts, bridges, drainage ditches, low-water
crossings, and drainage structures;
(2) Contain the drawings and specifications of each proposed road
that is located in the channel of an intermittent or perennial stream,
as necessary for approval of the road by the regulatory authority in
accordance with 817.150(d)(1) of this chapter;
(3) Contain the drawings and specifications for each proposed ford of
perennial or intermittent streams that is used as a temporary route, as
necessary for approval of the ford by the regulatory authority in
accordance with 817.151(c)(2) of this chapter;
(4) Contain a description of measures to be taken to obtain approval
of the regulatory authority for alteration or relocation of a natural
stream channel under 817.151(d)(5) of this chapter;
(5) Contain the drawings and specifications for each low-water
crossing of perennial or intermittent stream channels so that the
regualtory authority can maximize the protection of the stream in
accordance with 817.151(d)(6) of this chapter; and
(6) Describe the plans to remove and reclaim each road that would not
be retained under an approved postmining land use, and the schedule for
this removal and reclamation.
(b) Primary road certification. The plans and drawings for each
primary road shall be prepared by, or under the direction of, and
certified by a qualified registered professional engineer, or in any
State which authorizes land surveyors to certify the design of primary
roads a qualified registered professional land surveyor, experienced in
the design and construction of roads, as meeting the requirements of
this chapter; current, prudent engineering practices; and any design
criteria established by the regulatory authority.
(c) Standard design plans. The regulatory authority may establish
engineering design standards for primary roads through the State program
approval process, in lieu of engineering tests, to establish compliance
with the minimum static safety factor of 1.3 for all embankments
specified in 817.151(b) of this chapter.
(53 FR 45211, Nov. 8, 1988)
30 CFR 784.25 Return of coal processing waste to abandoned underground
workings.
(a) Each plan shall describe the design, operation and maintenance of
any proposed coal processing waste disposal facility, including flow
diagrams and any other necessary drawings and maps, for the approval of
the regulatory authority and the Mine Safety and Health Administration
under 30 CFR 817.81(f).
(b) Each plan shall describe the source and quality of waste to be
stowed, area to be backfilled, percent of the mine void to be filled,
method of constructing underground retaining walls, influence of the
backfilling operation on active underground mine operations, surface
area to be supported by the backfill, and the anticipated occurrence of
surface effects following backfilling.
(c) The applicant shall describe the source of the hydraulic
transport mediums, method of dewatering the placed backfill, retainment
of water underground, treatment of water if released to surface streams,
and the effect on the hydrologic regime.
(d) The plan shall describe each permanent monitoring well to be
located in the backfilled area, the stratum underlying the mined coal,
and gradient from the backfilled area.
(e) The requirements of paragraphs (a), (b), (c), and (d) of this
section shall also apply to pneumatic backfilling operations, except
where the operations are exempted by the regulatory authority from
requirements specifying hydrologic monitoring.
(44 FR 15366, Mar. 13, 1979, as amended at 48 FR 44780, Sept. 30,
1983)
30 CFR 784.26 Air pollution control plan.
For all surface operations associated with underground mining
activities, the application shall contain an air pollution control plan
which includes the following:
(a) An air quality monitoring program, if required by the regulatory
authority, to provide sufficient data to evaluate the effectiveness of
the fugitive dust control practices, under paragraph (b) of this section
to comply with applicable Federal and State air quality standards; and
(b) A plan for fugitive dust control practices, as required under 30
CFR 817.95.
30 CFR 784.29 Diversions.
Each application shall contain descriptions, including maps and cross
sections, of stream channel diversions and other diversions to be
constructed within the proposed permit area to achieve compliance with
817.43 of this chapter.
(44 FR 15366, Mar. 13, 1979. Redesignated and amended at 48 FR 43989,
Sept. 26, 1983)
30 CFR 784.30 Support facilities.
Each applicant for an underground coal mining and reclamation permit
shall submit a description, plans, and drawings for each support
facility to be constructed, used, or maintained within the proposed
permit area. The plans and drawings shall include a map, appropriate
cross sections, design drawings, and specifications sufficient to
demonstrate compliance with 817.181 of this chapter for each facility.
(53 FR 45211, Nov. 8, 1988)
30 CFR 784.200 Interpretive rules related to General Performance
Standards.
The following interpretation of rules promulgated in part 784 of this
chapter have been adopted by the Office of Surface Mining Reclamation
and Enforcement.
(a) Interpretation of 784.15: Reclamation plan: Postmining land
uses. (1) The requirements of 784.15(a)(2), for approval of an
alternative postmining land use, may be met by requesting approval
through the permit revision procedures of 774.13 rather than requesting
such approval in the original permit application. The original permit
application, however, must demonstrate that the land will be returned to
its premining land use capability as required by 817.133(a). An
application for a permit revision of this type, (i) must be submitted in
accordance with the filing deadlines of 774.13, (ii) shall constitute a
significant alteration from the mining operations contemplated by the
original permit, and (iii) shall be subject to the requirements of 30
CFR parts 773 and 775.
(45 FR 64908, Oct. 1, 1980, as amended at 48 FR 44780, Sept. 30,
1983)
30 CFR 784.200 PART 785 -- REQUIREMENTS FOR PERMITS FOR SPECIAL
CATEGORIES OF MINING
Sec.
785.1 Scope.
785.2 Objective.
785.10 Information collection.
785.11 Anthracite surface coal mining and reclamation operations.
785.12 Special bituminous surface coal mining and reclamation
operations.
785.13 Experimental practices mining.
785.14 Mountaintop removal mining.
785.15 Steep slope mining.
785.16 Permits incorporating variances from approximate original
contour restoration requirements for steep slope mining.
785.17 Prime farmlands.
785.18 Variances for delay in contemporaneous reclamation requirement
in combined surface and underground mining activities.
785.19 Surface coal mining and reclamation operations on areas or
adjacent to areas including alluvial valley floors in the arid and
semi-arid areas west of the 100th meridian.
785.20 Augering.
785.21 Coal preparation plants not located within the permit area of
a mine.
785.22 In situ processing activities.
Authority: 30 U.S.C. 1201 et seq. , as amended, and Pub. L.
100-34.
Source: 44 FR 15370, Mar. 13, 1979, unless otherwise noted.
30 CFR 785.1 Scope.
This part establishes the minimum requirements for regulatory program
provisions for permits for certain categories of surface coal mining and
reclamation operations. These requirements are in addition to the
general permit requirements contained in this subchapter G. All of the
provisions of subchapter G apply to these operations, unless otherwise
specifically provided in this part.
30 CFR 785.2 Objective.
The objective of this part is to ensure that permits are issued for
certain categories of surface coal mining and reclamation operations
only after the regulatory authority receives information that shows that
these operations will be conducted according to the applicable
requirements of the Act, subchapter K, and applicable regulatory
programs.
30 CFR 785.10 Information collection.
The information collection requirements contained in 30 CFR 785.13
(e), (f), (g) and (h), 785.14, 785.15, 785.16, 785.17(b), 785.18(c),
785.19, 785.20, 785.21, and 785.22 have been approved by the Office of
Management and Budget under 44 U.S.C. 3507 and assigned clearance number
1029-0040. The information is being collected to meet the requirements
of sections 711 and 515 of Pub. L. 95-87, which require applicants for
special types of mining activities to provide a descriptions, maps and
plans of the proposed activity. This information will be used by the
regulatory authority in determining if the applicant can meet the
applicable performance and environmental standards for the special type
of mining activities. The obligation to respond is mandatory.
(47 FR 33686, Aug. 4, 1982)
30 CFR 785.11 Anthracite surface coal mining and reclamation
operations.
(a) This section applies to any person who conducts or intends to
conduct anthracite surface coal mining and reclamation operations in
Pennsylvania.
(b) Each person who intends to conduct anthracite surface coal mining
and reclamation operations in Pennsylvania shall apply for and obtain a
permit in accordance with the requirements of this subchapter. The
following standards apply to applications for and issuance of permits:
(1) In lieu of the requirements of 30 CFR parts 816 -- 817, the
requirements of 30 CFR part 820 shall apply.
(2) All other requirements of this chapter including the bonding and
insurance requirements of 30 CFR 800.70, except the bond limits and the
period of revegetation responsibility, to the extent they are required
under sections 509 or 510 of the Act, shall apply.
(c) If the Pennsylvania anthracite permanent regulatory program in
effect on August 3, 1977, is amended with respect to environmental
protection performance standards, the Secretary shall issue additional
regulations necessary to meet the purposes of the Act.
(44 FR 15370, Mar. 13, 1979, as amended at 48 FR 44780, Sept. 30,
1983)
30 CFR 785.12 Special bituminous surface coal mining and reclamation
operations.
(a) This section applies to any person who conducts or intends to
conduct certain special bituminous coal surface mine operations in
Wyoming.
(b) Each application for a permit for a special bituminous coal mine
operation shall include, as part of the mining operations and
reclamation plan, the detailed descriptions, maps and plans needed to
demonstrate that the operations will comply with the requirements of the
Act and 30 CFR part 825.
(c) The regulatory authority may issue a permit for a special
bituminous coal mine operation for which a complete application has been
filed in accordance with this section, if it finds, in writing, that the
operation will be conducted in compliance with the Act and 30 CFR part
825.
(d) Upon amendment or revision to the Wyoming regulatory program,
regulations, or decisions made thereunder, governing special bituminous
coal mines, the Secretary shall issue additional regulations necessary
to meet the purposes of the Act.
30 CFR 785.13 Experimental practices mining.
(a) Experimental practices provide a variance from environmental
protection performance standards of the Act, of subchapter K of this
chapter, and the regulatory program for experimental or research
purposes, or to allow an alternative postmining land use, and may be
undertaken if they are approved by the regulatory authority and the
Director and if they are incorporated in a permit or permit revision
issued in accordance with the requirements of subchapter G of this
chapter.
(b) An application for an experimental practice shall contain
descriptions, maps, plans, and data which show --
(1) The nature of the experimental practice, including a description
of the performance standards for which variances are requested, the
duration of the experimental practice, and any special monitoring which
will be conducted;
(2) How use of the experimental practice encourages advances in
mining and reclamation technology or allows a postmining land use for
industrial, commercial, residential, or public use (including recreation
facilities) on an experimental basis;
(3) That the experimental practice --
(i) Is potentially more, or at least as, environmentally protective,
during and after mining operations, as would otherwise be required by
standards promulgated under subchapter K of this chapter; and
(ii) Will not reduce the protection afforded public health and safety
below that provided by the requirements of subchapter K of this chapter;
and
(4) That the applicant will conduct monitoring of the effects of the
experimental practice. The monitoring program shall ensure the
collection, analysis, and reporting of reliable data that are sufficient
to enable the regulatory authority and the Director to --
(i) Evaluate the effectiveness of the experimental practice; and
(ii) Identify, at the earliest possible time, potential risk to the
environment and public health and safety which may be caused by the
experimental practice during and after mining.
(c) Applications for experimental practices shall comply with the
public notice requirements of 773.13 of this chapter.
(d) No application for an experimental practice under this section
shall be approved until the regulatory authority first finds in writing
and the Director then concurs that --
(1) The experimental practice encourages advances in mining and
reclamation technology or allows a postmining land use for industrial,
commercial, residential, or public use (including recreational
facilities) on an experimental basis;
(2) The experimental practice is potentially more, or at least as,
environmentally protective, during and after mining operations, as would
otherwise be required by standards promulgated under subchapter K of
this chapter;
(3) The mining operations approved for a particular land-use or other
purpose are not larger or more numerous than necessary to determine the
effectiveness and economic feasibility of the experimental practice;
and
(4) The experimental practice does not reduce the protection afforded
public health and safety below that provided by standards promulgated
under subchapter K of this chapter.
(e) Experimental practices granting variances from the special
environmental protection performance standards of sections 515 and 516
of the Act applicable to prime farmlands shall be approved only after
consultation with the U.S. Department of Agriculture, Soil Conservation
Service.
(f) Each person undertaking an experimental practice shall conduct
the periodic monitoring, recording and reporting program set forth in
the application, and shall satisfy such additional requirements as the
regulatory authority or the Director may impose to ensure protection of
the public health and safety and the environment.
(g) Each experimental practice shall be reviewed by the regulatory
authority at a frequeny set forth in the approved permit, but no less
frequently than every 2 1/2 years. After review, the regulatory
authority may require such reasonable modifications of the experimental
practice as are necessary to ensure that the activities fully protect
the environment and the public health and safety. Copies of the
decision of the regulatory authority shall be sent to the permittee and
shall be subject to the provisions for administrative and judicial
review of part 775 of this chapter.
(h) Revisions or modifications to an experimental practice shall be
processed in accordance with the requirements of 774.13 of this chapter
and approved by the regulatory authority. Any revisions which propose
significant alterations in the experimental practice shall, at a
minimum, be subject to notice, hearing, and public participation
requirements of 773.13 of this chapter and concurrence by the Director.
Revisions that do not propose significant alterations in the
experimental practice shall not require concurrence by the Director.
(48 FR 9484, Mar. 4, 1983)
30 CFR 785.14 Mountaintop removal mining.
(a) This section applies to any person who conducts or intends to
conduct surface mining activities by mountaintop removal mining.
(b) Mountaintop removal mining means surface mining activities, where
the mining operation removes an entire coal seam or seams running
through the upper fraction of a mountain, ridge, or hill, except as
provided for in 30 CFR 824.11(a)(6), by removing substantially all of
the overburden off the bench and creating a level plateau or a gently
rolling contour, with no highwalls remaining, and capable of supporting
postmining land uses in accordance with the requirements of this
section.
(c) The regulatory authority may issue a permit for mountaintop
removal mining, without regard to the requirements of 816.102,
816.104, 816.105, and 816.107 of this chapter to restore the lands
disturbed by such mining to their approximate original contour, if it
first finds, in writing, on the basis of a complete application, that
the following requirements are met:
(1) The proposed postmining land use of the lands to be affected will
be an industrial, commercial, agricultural, residential, or public
facility (including recreational facilities) use and, if --
(i) After consultation with the appropriate land-use planning
agencies, if any, the proposed land use is deemed by the regulatory
authority to constitute an equal or better economic or public use of the
affected land compared with the pre-mining use;
(ii) The applicant demonstrates compliance with the requirements for
acceptable alternative postmining land uses of paragraphs (a) through
(c) of 816.133 of this chapter;
(iii) The applicant has presented specific plans for the proposed
postmining land use and appropriate assurances that such use will be --
(A) Compatible with adjacent land uses;
(B) Obtainable according to data regarding expected need and market;
(C) Assured of investment in necessary public facilities;
(D) Supported by commitments from public agencies where appropriate;
(E) Practicable with respect to private financial capability for
completion of the proposed use;
(F) Planned pursuant to a schedule attached to the reclamation plan
so as to integrate the mining operation and reclamation with the
postmining land use; and
(G) Designed by a registered engineer in conformance with
professional standards established to assure the stability, drainage,
and configuation necessary for the intended use of the site.
(iv) The proposed use would be consistent with adjacent land use and
existing State and local land use plans and programs; and
(v) The regulatory authority has provided, in writing, an opportunity
of not more than 60 days to review and comment on such proposed use to
the governing body of general purpose government in whose jurisdiction
the land is located and any State or Federal agency which the regulatory
authority, in its discretion, determines to have an interest in the
proposed use.
(2) The applicant demonstrates that in place of restoration of the
land to be affected to the approximate original contour under 816.102,
816.104, 816.105, and 816.107 of this chapter, the operation will be
conducted in compliance with the requirements of part 824 of this
chapter.
(3) The requirements of 30 CFR 824 are made a specific condition of
the permit.
(4) All other requirements of the Act, this chapter, and the
regulatory program are met by the proposed operations.
(5) The permit is clearly identified as being for mountaintop removal
mining.
(d)(1) Any permits incorporating a variance issued under this section
shall be reviewed by the regulatory authority to evaluate the progress
and development of mining activities to establish that the operator is
proceeding in accordance with the terms of the variance --
(i) Within the sixth month preceding the third year from the date of
its issuance;
(ii) Before each permit renewal; and
(iii) Not later than the middle of each permit term.
(2) Any review required under paragraph (d)(1) of this section need
not be held if the permittee has demonstrated and the regulatory
authority finds, in writing, within three months before the scheduled
review, that all operations under the permit are proceeding and will
continue to be conducted in accordance with the terms of the permit and
requirements of the Act, this chapter, and the regulatory program.
(3) The terms and conditions of a permit for mountaintop removal
mining may be modified at any time by the regulatory authority, if it
determines that more stringent measures are necessary to insure that the
operation involved is conducted in compliance with the requirements of
the Act, this chapter, and the regulatory program.
(44 FR 15370, Mar. 13, 1979, as amended at 48 FR 39904, Sept. 1,
1983; 52 FR 39183, Oct. 20, 1987)
30 CFR 785.15 Steep slope mining.
(a) This section applies to any persons who conducts or intends to
conduct steep slope surface coal mining and reclamation operations,
except --
(1) Where an operator proposes to conduct surface coal mining and
reclamation operations on flat or gently rolling terrain, leaving a
plain or predominantly flat area, but on which an occasional steep slope
is encountered as the mining operation proceeds;
(2) Where a person obtains a permit under the provisions of 785.14;
or
(3) To the extent that a person obtains a permit incorporating a
variance under 785.16.
(b) Any application for a permit for surface coal mining and
reclamation operations covered by this section shall contain sufficient
information to establish that the operations will be conducted in
accordance with the requirements of 816.107 or 817.107 of this
chapter.
(c) No permit shall be issued for any operations covered by this
section, unless the regulatory authority finds, in writing, that in
addition to meeting all other requirements of this subchapter, the
operation will be conducted in accordance with the requirements of
816.107 or 817.107 of this chapter.
(44 FR 15370, Mar. 13, 1979, as amended at 51 FR 9006, Mar. 17, 1986)
30 CFR 785.16 Permits incorporating variances from approximate original
contour restoration requirements for steep slope mining.
(a) The regulatory authority may issue a permit for non-mountaintop
removal, steep slope, surface coal mining and reclamation operations
which includes a variance from the requirements to restore the disturbed
areas to their approximate original contour that are contained in
816.102, 816.104, 816.105, and 816.107, or 817.102 and 817.107 of this
chapter. The permit may contain such a variance only if the regulatory
authority finds, in writing, that the applicant has demonstrated, on the
basis of a complete application, that the following requirments are met:
(1) After reclamation, the lands to be affected by the variance
within the permit area will be suitable for an industrial, commercial,
residential, or public postmining land use (including recreational
facilities).
(2) The requirements of 816.133 or 817.133 of this chapter will be
met.
(3) The watershed of lands within the proposed permit and adjacent
areas will be improved by the operations when compared with the
condition of the watershed before mining or with its condition if the
approximate original contour were to be restored. The watershed will be
deemed improved only if --
(i) The amount of total suspended solids or other pollutants
discharged to ground or surface water from the permit area will be
reduced, so as to improve the public or private uses or the ecology of
such water, or flood hazards within the watershed containing the permit
area will be reduced by reduction of the peak flow discharge from
precipitation events or thaws;
(ii) The total volume of flow from the proposed permit area, during
every season of the year, will not vary in a way that adversely affects
the ecology of any surface water or any existing or planned use of
surface or ground water; and
(iii) The appropriate State environmental agency approves the plan.
(4) The owner of the surface of the lands within the permit area has
knowingly requested, in writing, as part of the application, that a
variance be granted. The request shall be made separately from any
surface owner consent given for the operations under 778.15 of this
chapter and shall show an understanding that the variance could not be
granted without the surface owner's request.
(b) If a variance is granted under this section ----
(1) The requirements of 816.133(d) or 817.133(d) of this chapter
shall be included as a specific condition of the permit; and
(2) The permit shall be specifically marked as containing a variance
from approximate original contour.
(c) A permit incorporating a variance under this section shall be
reviewed by the regulatory authority at least every 30 months following
the issuance of the permit to evaluate the progress and development of
the surface coal mining and reclamation operations to establish that the
operator is proceeding in accordance with the terms of the variance.
(d) If the permittee demonstrates to the regulatory authority that
the operations have been, and continue to be, conducted in compliance
with the terms and conditions of the permit, the requirements of the
Act, this chapter, and the regulatory program, the review specified in
paragraph (c) of this section need not be held.
(e) The terms and conditions of a permit incorporating a variance
under this section may be modified at any time by the regulatory
authority, if it determines that more stringent measures are necessary
to ensure that the operations involved are conducted in compliance with
the requirements of the Act, this chapter, and the regulatory program.
(f) The regulatory authority may grant variances in accordance with
this section only if it has promulgated specific rules to govern the
granting of variances in accordance with the provisions of this section
and any necessary, more stringent requirements.
(48 FR 39904, Sept. 1, 1983, as amended at 48 FR 44780, Sept. 30,
1983; 56 FR 65635, Dec. 17, 1991)
30 CFR 785.17 Prime farmland.
(a) This section applies to any person who conducts or intends to
conduct surface coal mining and reclamation operations on prime
farmlands historically used for cropland. This section does not apply
to:
(1) Lands on which surface coal mining and reclamation operations are
conducted pursuant to any permit issued prior to August 3, 1977; or
(2) Lands on which surface coal mining and reclamation operations are
conducted pursuant to any renewal or revision of a permit issued prior
to August 3, 1977; or
(3) Lands included in any existing surface coal mining operations for
which a permit was issued for all or any part thereof prior to August 3,
1977, provided that:
(i) Such lands are part of a single continuous surface coal mining
operation begun under a permit issued before August 3, 1977; and
(ii) The permittee had a legal right to mine the lands prior to
August 3, 1977, through ownership, contract, or lease but not including
an option to buy, lease, or contract; and
(iii) The lands contain part of a continuous recoverable coal seam
that was being mined in a single continuous mining pit (or multiple pits
if the lands are proven to be part of a single continuous surface coal
mining operation) begun under a permit issued prior to August 3, 1977.
(4) For purposes of this section:
(i) ''Renewal'' of a permit shall mean a decision by the regulatory
authority to extend the time by which the permittee may complete mining
within the boundaries of the original permit, and ''revision'' of the
permit shall mean a decision by the regulatory authority to allow
changes in the method of mining operations within the original permit
area, or the decision of the regulatory authority to allow incidental
boundary changes to the original permit;
(ii) A pit shall be deemed to be a single continuous mining pit even
if portions of the pit are crossed by a road, pipeline, railroad, or
powerline or similar crossing;
(iii) A single continuous surface coal mining operation is presumed
to consist only of a single continuous mining pit under a permit issued
prior to August 3, 1977, but may include non-contiguous parcels if the
operator can prove by clear and convincing evidence that, prior to
August 3, 1977, the non-contiguous parcels were part of a single
permitted operation. For the purposes of this paragraph, clear and
convincing evidence includes, but is not limited to, contracts, leases,
deeds or other properly executed legal documents (not including options)
that specifically treat physically separate parcels as one surface coal
mining operation.
(b) Application contents -- Reconnaissance inspection. (1) All
permit applications, whether or not prime farmland is present, shall
include the results of a reconnaissance inspection of the proposed
permit area to indicate whether prime farmland exists. The regulatory
authority in consultation with the U.S. Soil Conservation Service shall
determine the nature and extent of the required reconnaissance
inspection.
(2) If the reconnaissance inspection establishes that no land within
the proposed permit area is prime farmland historically used for
cropland, the applicant shall submit a statement that no prime farmland
is present. The statement shall identify the basis upon which such a
conclusion was reached.
(3) If the reconnaissance inspection indicates that land within the
proposed permit area may be prime farmland historically used for
cropland, the applicant shall determine if a soil survey exists for
those lands and whether soil mapping units in the permit area have been
designated as prime farmland. If no soil survey exists, the applicant
shall have a soil survey made of the lands within the permit area which
the reconnaissance inspection indicates could be prime farmland. Soil
surveys of the detail used by the U.S. Soil Conservation Service for
operational conservation planning shall be used to identify and locate
prime farmland soils.
(i) If the soil survey indicates that no prime farmland soils are
present within the proposed permit area, paragraph (b)(2) of this
section shall apply.
(ii) If the soil survey indicates that prime farmland soils are
present within the proposed permit area, paragraph (c) of this section
shall apply.
(c) Application contents -- Prime farmland. All permit applications
for areas in which prime farmland has been identified within the
proposed permit area shall include the following:
(1) A soil survey of the permit area according to the standards of
the National Cooperative Soil Survey and in accordance with the
procedures set forth in U.S. Department of Agriculture Handbooks 436
''Soil Taxonomy'' (U.S. Soil Conservation Service, 1975) as amended on
March 22, 1982 and October 5, 1982, and 18, ''Soil Survey Manual'' (U.S.
Soil Conservation Service, 1951), as amended on December 18, 1979, May
7, 1980, May 9, 1980, September 11, 1980, June 9, 1981, June 29, 1981,
November 16, 1982. The U.S. Soil Conservation Service establishes the
standards of the National Cooperative Soil Survey and maintains a
National Soils Handbook which gives current acceptable procedures for
conducting soil surveys. This National Soils Handbook is available for
review at area and State SCS offices.
(i) U.S. Department of Agriculture Handbooks 436 and 18 are
incorporated by reference as they exist on the date of adoption of this
section. Notices of changes made to these publications will be
periodically published by OSM in the Federal Register. The handbooks
are on file and available for inspection at the OSM Central Office, U.S.
Department of the Interior, 1951 Constitution Avenue, NW., Washington,
DC, at each OSM Technical Center and Field Office, and at the central
office of the applicable State regulatory authority, if any. Copies of
these documents are also available from the Superintendent of Documents,
U.S. Government Printing Office, Washington, DC 20402, Stock Nos.
001-000-02597-0 and 001-000-00688-6, respectively. In addition, these
documents are available for inspection at the national, State, and area
offices of the Soil Conservation Service, U.S. Department of
Agriculture, and at the Federal Register library, 1100 L Street, NW.,
Washington, DC Incorporation by reference provisions were approved by
the Director of the Federal Register on June 29, 1981.
(ii) The soil survey shall include a description of soil mapping
units and a representative soil profile as determined by the U.S. Soil
Conservation Service, including, but not limited to, soil-horizon
depths, pH, and the range of soil densities for each prime farmland soil
unit within the permit area. Other representative soil-profile
descriptions from the locality, prepared according to the standards of
the National Cooperative Soil Survey, may be used if their use is
approved by the State Conservationist, U.S. Soil Conservation Service.
The regulatory authority may request the operator to provide information
on other physical and chemical soil properties as needed to make a
determination that the operator has the technological capability to
restore the prime farmland within the permit area to the
soil-reconstruction standards of Part 823 of this chapter.
(2) A plan for soil reconstruction, replacement, and stabilization
for the purpose of establishing the technological capability of the mine
operator to comply with the requirements of part 823 of this chapter.
(3) Scientific data, such as agricultural-school studies, for areas
with comparable soils, climate, and management that demonstrate that the
proposed method of reclamation, including the use of soil mixtures or
substitutes, if any, will achieve, within a reasonable time, levels of
yield equivalent to, or higher than, those of nonmined prime farmland in
the surrounding area.
(4) The productivity prior to mining, including the average yield of
food, fiber, forage, or wood products obtained under a high level of
management.
(d) Consultation with Secretary of Agriculture. (1) The Secretary of
Agriculture has responsibilities with respect to prime farmland soils
and has assigned the prime farmland responsibilities arising under the
Act to the Chief of the U.S. Soil Conservation Service. The U.S. Soil
Conservation Service shall carry out consultation and review through the
State Conservationist located in each State.
(2) The State Conservationist shall provide to the regulatory
authority a list of prime farmland soils, their location, physical and
chemical characteristics, crop yields, and associated data necessary to
support adequate prime farmland soil descriptions.
(3) The State Conservationist shall assist the regulatory authority
in describing the nature and extent of the reconnaissance inspection
required in paragraph (b)(1) of this section.
(4) Before any permit is issued for areas that include prime
farmland, the regulatory authority shall consult with the State
Conservationist. The State Conservationist shall provide for the review
of, and comment on, the proposed method of soil reconstruction in the
plan submitted under paragraph (c) of this section. If the State
Conservationist considers those methods to be inadequate, he or she
shall suggest revisions to the regulatory authority which result in more
complete and adequate reconstruction.
(e) Issuance of permit. A permit for the mining and reclamation of
prime farmland may be granted by the regulatory authority, if it first
finds, in writing, upon the basis of a complete application, that --
(1) The approved proposed postmining land use of these prime
farmlands will be cropland;
(2) The permit incorporates as specific conditions the contents of
the plan submitted under paragraph (c) of this section, after
consideration of any revisions to that plan suggested by the State
Conservationist under paragraph (d)(4) of this section;
(3) The applicant has the technological capability to restore the
prime farmland, within a reasonable time, to equivalent or higher levels
of yield as non-mined prime farmland in the surrounding area under
equivalent levels of management; and
(4) The proposed operations will be conducted in compliance with the
requirements of 30 CFR part 823 and other environmental protection
performance and reclamation standards for mining and reclamation of
prime farmland of the regulatory program.
(5) The aggregate total prime farmland acreage shall not be decreased
from that which existed prior to mining. Water bodies, if any, to be
constructed during mining and reclamation operations must be located
within the post-reclamation non-prime farmland portions of the permit
area. The creation of any such water bodies must be approved by the
regulatory authority and the consent of all affected property owners
within the permit area must be obtained.
(44 FR 15370, Mar. 13, 1979, as amended at 46 FR 47722, Sept. 29,
1981; 48 FR 21462, May 12, 1983; 53 FR 40839, Oct. 18, 1988)
30 CFR 785.18 Variances for delay in contemporaneous reclamation
requirement in combined surface and underground mining activities.
(a) Scope. This section shall apply to any person or persons
conducting or intending to conduct combined surface and underground
mining activities where a variance is requested from the contemporaneous
reclamation requirements of 816.100 of this chapter.
(b) Application contents for variances. Any person desiring a
variance under this section shall file with the regulatory authority
complete applications for both the surface mining activities and
underground mining activities which are to be combined. The reclamation
and operation plans for these permits shall contain appropriate
narratives, maps, and plans, which --
(1) Show why the proposed underground mining activities are necessary
or desirable to assure maximum practical recovery of the coal;
(2) Show how multiple future disturbances of surface lands or waters
will be avoided;
(3) Identify the specific surface areas for which a variance is
sought and the sections of the Act, this chapter, and the regulatory
program from which a variance is being sought;
(4) Show how the activities will comply with 816.79 of this chapter
and other applicable requirements of the regulatory program;
(5) Show why the variance sought is necessary for the implementation
of the proposed underground mining activities;
(6) Provide an assessment of the adverse environmental consequences
and damages, if any, that will result if the reclamation of surface
mining activities is delayed; and
(7) Show how offsite storage of spoil will be conducted to comply
with the requirements of the Act, 816.71 through 816.74 of this
chapter, and the regulatory program.
(c) Issuance of permit. A permit incorporating a variance under this
section may be issued by the regulatory authority if it first finds, in
writing, upon the basis of a complete application filed in accordance
with this section, that --
(1) The applicant has presented, as part of the permit application,
specific, feasible plans for the proposed underground mining activities;
(2) The proposed underground mining activities are necessary or
desirable to assure maximum practical recovery of the mineral resource
and will avoid multiple future disturbances of surface land or waters;
(3) The applicant has satisfactorily demonstrated that the
applications for the surface mining activities and underground mining
activities conform to the requirements of the regulatory program and
that all other permits necessary for the underground mining activities
have been issued by the appropriate authority;
(4) The surface area of surface mining activities proposed for the
variance has been shown by the applicant to be necessary for
implementing the proposed underground mining activities;
(5) No substantial adverse environmental damage, either onsite or
offsite, will result from the delay in completion of reclamation
otherwise required by section 515(b)(16) of the Act, part 816 of this
chapter, and the regulatory program;
(6) The operations will, insofar as a variance is authorized, be
conducted in compliance with the requirements of 816.79 of this chapter
and the regulatory program;
(7) Provisions for offsite storage of spoil will comply with the
requirements of section 515(b)(22) of the Act, 816.71 through 816.74
of this chapter, and the regulatory program;
(8) Liability under the performance bond required to be filed by the
applicant with the regulatory authority pursuant to subchapter J of this
chapter and the regulatory program will be for the duration of the
underground mining activities and until all requirements of subchapter J
and the regulatory program have been complied with; and
(9) The permit for the surface mining activities contains specific
conditions --
(i) Delineating the particular surface areas for which a variance is
authorized;
(ii) Identifying the applicable provisions of section 515(b) of the
Act, part 816 of this chapter, and the regulatory program; and
(iii) Providing a detailed schedule for compliance with the
provisions of this section.
(d) Review of permits containing variances. Variances granted by
permits issued under this section shall be reviewed by the regulatory
authority no later than 3 years from the dates of issuance of the permit
and any permit renewals.
(48 FR 24651, June 1, 1983)
30 CFR 785.19 Surface coal mining and reclamation operations on areas
or adjacent to areas including alluvial valley floors in the arid and
semiarid areas west of the 100th meridian.
(a) Alluvial valley floor determination. (1) Permit applicants who
propose to conduct surface coal mining and reclamation operations within
a valley holding a stream or in a location where the permit area or
adjacent area includes any stream, in the arid and semiarid regions of
the United States, as an initial step in the permit process, may request
the regulatory authority to make an alluvial valley floor determination
with respect to that valley floor. The applicant shall demonstrate and
the regulatory authority shall determine, based on either available data
or field studies submitted by the applicant, or a combination of
available data and field studies, the presence or absence of an alluvial
valley floor. Studies shall include sufficiently detailed geologic,
hydrologic, land use, soils, and vegetation data and analysis to
demonstrate the probable existence of an alluvial valley floor in the
area. The regulatory authority may require additional data collection
and analysis or other supporting documents, maps, and illustrations in
order to make the determination.
(2) The regulatory authority shall make a written determination as to
the extent of any alluvial valley floors within the area. The
regulatory authority shall determine that an alluvial valley floor
exists if it finds that --
(i) Unconsolidated streamlaid deposits holding streams are present;
and
(ii) There is sufficient water available to support agricultural
activities as evidenced by --
(A) The existence of current flood irrigation in the area in
question;
(B) The capability of an area to be flood irrigated, based on
evaluations of typical regional agricultural practices, historical flood
irrigation, streamflow, water quality, soils, and topography; or
(C) Subirrigation of the lands in question derived from the
ground-water system of the valley floor.
(3) If the regulatory authority determines in writing that an
alluvial valley does not exist pursuant to paragraph (a)(2) of this
section, no further consideration of this section is required.
(b) Applicability of statutory exclusions. (1) If an alluvial valley
floor is identified pursuant to paragraph (a)(2) of this section and the
proposed surface coal mining operation may affect this alluvial valley
floor or waters that supply the alluvial valley floor, the applicant may
request the regulatory authority, as a preliminary step in the permit
application process, to separately determine the applicability of the
statutory exclusions set forth in paragraph (b)(2) of this section. The
regulatory authority may make such a determination based on the
available data, may require additional data collection and analysis in
order to make the determination, or may require the applicant to submit
a complete permit application and not make the determination until after
the complete application is evaluated.
(2) An applicant need not submit the information required in
paragraphs (d)(2) (ii) and (iii) of this section and a regulatory
authority is not required to make the findings of paragraphs (e)(2) (i)
and (ii) of this section when the regulatory authority determines that
one of the following circumstances, heretofore called statutory
exclusions, exist:
(i) The premining land use is undeveloped rangeland which is not
significant to farming;
(ii) Any farming on the alluvial valley floor that would be affected
by the surface coal mining operation is of such small acreage as to be
of negligible impact on the farm's agricultural production. Negligible
impact of the proposed operation on farming will be based on the
relative importance of the affected farmland areas of the alluvial
valley floor area to the farm's total agricultural production over the
life of the mine; or
(iii) The circumstances set forth in 822.12(b) (3) or (4) of this
chapter exist.
(3) For the purpose of this section, a farm is one or more land units
on which farming is conducted. A farm is generally considered to be the
combination of land units with acreage and boundaries in existence prior
to August 3, 1977, or if established after August 3, 1977, with those
boundaries based on enhancement of the farm's agricultural productivity
and not related to surface coal operations.
(c) Summary denial. If the regulatory authority determines that the
statutory exclusions are not applicable and that any of the required
findings of paragraph (e)(2) of this section cannot be made, the
regulatory authority may, at the request of the applicant:
(1) Determine that mining is precluded on the proposed permit area
and deny the permit without the applicant filing any additional
information required by this section; or
(2) Prohibit surface coal mining and reclamation operations in all or
parts of the area to be affected by mining.
(d) Application contents for operations affecting designated alluvial
valley floors. (1) If land within the permit area or adjacent area is
identified as an alluvial valley floor and the proposed surface coal
mining operation may affect an alluvial valley floor or waters supplied
to an alluvial valley floor, the applicant shall submit a complete
application for the proposed surface coal mining and reclamation
operations to be used by the regulatory authority together with other
relevant information as a basis for approval or denial of the permit.
If an exclusion of paragraph (b)(2) of this section applies, then the
applicant need not submit the information required in paragraphs (d)(2)
(ii) and (iii) of this section.
(2) The complete application shall include detailed surveys and
baseline data required by the regulatory authority for a determination
of --
(i) The essential hydrologic functions of the alluvial valley floor
which might be affected by the mining and reclamation process. The
information required by this subparagraph shall evaluate those factors
which contribute to the collecting, storing, regulating and making the
natural flow of water available for agricultural activities on the
alluvial valley floor and shall include, but are not limited to:
(A) Factors contributing to the function of collecting water, such as
amount, rate and frequency of rainfall and runoff, surface roughness,
slope and vegetative cover, infiltration, and evapotranspiration,
relief, slope and density of drainage channels;
(B) Factors contributing to the function of storing water, such as
permeability, infiltration, porosity, depth and direction of ground
water flow, and water holding capacity;
(C) Factors contributing to the function of regulating the flow of
surface and ground water, such as the longitudinal profile and slope of
the valley and channels, the sinuosity and cross-sections of the
channels, interchange of water between streams and associated alluvial
and bedrock aquifers, and rates and amount of water supplied by these
aquifers; and
(D) Factors contributing to water availability, such as the presence
of flood plains and terraces suitable for agricultural activities.
(ii) Whether the operation will avoid during mining and reclamation
the interruption, discontinuance, or preclusion of farming on the
alluvial valley floor;
(iii) Whether the operation will cause material damage to the
quantity or quality of surface or ground waters supplied to the alluvial
valley floor;
(iv) Whether the reclamation plan is in compliance with requirements
of the Act, this chapter, and regulatory program; and
(v) Whether the proposed monitoring system will provide sufficient
information to measure compliance with part 822 of this chapter during
and after mining and reclamation operations.
(e) Findings. (1) The findings of paragraphs (e)(2) (i) and (ii) of
this section are not required with regard to alluvial valley floors to
which are applicable any of the exclusions of paragraph (b)(2) of this
section.
(2) No permit or permit revision application for surface coal mining
and reclamation operations on lands located west of the 100th meridian
west longitude shall be approved by the regulatory authority unless the
application demonstrates and the regulatory authority finds in writing,
on the basis of information set forth in the application, that --
(i) The proposed operations will not interrupt, discontinue, or
preclude farming on an alluvial valley floor;
(ii) The proposed operations will not materially damage the quantity
or quality of water in surface and underground water systems that supply
alluvial valley floors; and
(iii) The proposed operations will comply with part 822 of this
chapter and the other applicable requirements of the Act and the
regulatory program.
(48 FR 29820, June 28, 1983, as amended at 54 FR 9735, Mar. 7, 1989)
30 CFR 785.20 Augering.
(a) This section applies to any person who conducts or intends to
conduct surface coal mining and reclamation operations utilizing
augering operations.
(b) Any application for a permit for operations covered by this
section shall contain, in the mining and reclamation plan, a description
of the augering methods to be used and the measures to be used to comply
with 30 CFR part 819.
(c) No permit shall be issued for any operations covered by this
section unless the regulatory authority finds, in writing, that in
addition to meeting all other applicable requirements of this
subchapter, the operation will be conducted in compliance with 30 CFR
part 819.
30 CFR 785.21 Coal preparation plants not located within the permit
area of a mine.
(a) This section applies to any person who operates or intends to
operate a coal preparation plant in connection with a coal mine but
outside the permit area for a specific mine. Any person who operates
such a preparation plant shall obtain a permit from the regulatory
authority in accordance with the requirements of this section
(b) Any application for a permit for operations covered by this
section shall contain an operation and reclamation plan which specifies
plans, including descriptions, maps, and cross sections, of the
construction, operation, maintenance, and removal of the preparation
plant and support facilities operated incident thereto or resulting
therefrom. The plan shall demonstrate that those operations will be
conducted in compliance with part 827 of this chapter.
(c) No permit shall be issued for any operation covered by this
section, unless the regulatory authority finds in writing that, in
addition to meeting all other applicable requirements of this
subchapter, the operations will be conducted in compliance with the
requirements of part 827 of this chapter.
(d)(1) Except as provided in paragraph (d)(2) of this section, any
person who operates a coal preparation plant beyond May 10, 1986, that
was not subject to this chapter before July 6, 1984, shall have applied
for a permit no later than November 11, 1985.
(2)(i) State programs that have a statutory or regulatory bar
precluding issuance of permits to facilities covered by paragraph (d)(1)
of this section shall notify OSMRE not later than November 7, 1985, and
shall establish a schedule for actions necessary to allow the permitting
of such facilities as soon as practicable. Not later than December 9,
1985, this schedule shall be submitted to OSMRE for approval.
(ii) Any person who operates a coal preparation plant that was not
subject to this chapter before July 6, 1984, in a state which submits a
schedule in accordance with paragraph (d)(2)(i) of this section shall
apply for a permit in accordance with the schedule approved by OSMRE.
(e) Notwithstanding 773.11 of this chapter and except as prohibited
by 761.11 of this chapter, any person operating a coal preparation
plant that was not subject to this chapter before July 6, 1984, may
continue to operate without a permit until May 10, 1986, and may
continue to operate beyond that date if:
(1) A permit application has been timely filed under paragraph (d)(1)
of this section or under a State imposed schedule specified in paragraph
(d)(2) of this section,
(2) The regulatory authority has yet to either issue or deny the
permit, and
(3) The person complies with the applicable performance standards of
827.13 of this chapter.
(48 FR 20401, May 5, 1983, as amended at 52 FR 17730, May 11, 1987;
53 FR 47391, Nov. 22, 1988)
30 CFR 785.22 In situ processing activities.
(a) This section applies to any person who conducts or intends to
conduct surface coal mining and reclamation operations utilizing in situ
processing activities.
(b) Any application for a permit for operations covered by this
section shall be made according to all requirements of this subchapter
applicable to underground mining activities. In addition, the mining
and reclamation operations plan for operations involving in situ
processing activities shall contain information establishing how those
operations will be conducted in compliance with the requirements of 30
CFR part 828, including --
(1) Delineation of proposed holes and wells and production zone for
approval of the regulatory authority;
(2) Specifications of drill holes and casings proposed to be used;
(3) A plan for treatment, confinement or disposal of all
acid-forming, toxic-forming or radioactive gases, solids, or liquids
constituting a fire, health, safety or environmental hazard caused by
the mining and recovery process; and
(4) Plans for monitoring surface and ground water and air quality, as
required by the regulatory authority.
(c) No permit shall be issued for operations covered by this section,
unless the regulatory authority first finds, in writing, upon the basis
of a complete application made in accordance with paragraph (b) of this
section, that the operation will be conducted in compliance with all
requirements of this subchapter relating to underground mining
activities, and 30 CFR parts 817 and 828.
30 CFR 785.22 SUBCHAPTER H -- SMALL OPERATOR ASSISTANCE
30 CFR 785.22 PART 795 -- PERMANENT REGULATORY PROGRAM -- SMALL
OPERATOR ASSISTANCE PROGRAM
Sec.
795.1 Scope and purpose.
795.3 Definitions.
795.4 Information collection.
795.5 Grant application procedures.
795.6 Eligibility for assistance.
795.7 Filing for assistance.
795.8 Application approval and notice.
795.9 Program services and data requirements.
795.10 Qualified laboratories.
795.11 Assistance funding.
795.12 Applicant liability.
Authority: Secs. 201, 501, 502, and 507, Pub. L. 95-87, 91 Stat.
445 (30 U.S.C. 1201 et seq.).
Source: 48 FR 2272, Jan. 18, 1983, unless otherwise noted.
30 CFR 795.1 Scope and purpose.
This part comprises the Small Operator Assistance Program (SOAP) and
establishes the procedures for providing assistance to eligible
operators by the program administrator. It is an elective means for a
regulatory authority to satisfy the requirements of section 507(c) of
the Act. The purpose of the program is to provide for eligible
operators a determination of probable hydrologic consequences and a
statement of results of test borings or core samplings which are
required components of the permit application under subchapter G of this
chapter.
30 CFR 795.3 Definitions.
As used in this part --
Program administrator means the State of Federal official within the
regulatory authority who has the authority and responsibility for
overall management of the Small Operator Assistance Program; and
Qualified laboratory means a designated public agency, private firm,
institution, or analytical laboratory which can prepare the required
determination of probable hydrologic consequences or statement of
results of test borings or core samplings under the Small Operator
Assistance Program and which meets the standards of 795.10.
30 CFR 795.4 Information collection.
The information collection requirements contained in 795.7, 795.9,
and 795.10 have been approved by the Office of Management and Budget
under 44 U.S.C. 3507 and have been assigned clearance numbers 1029-0014,
1029-0060, 1029-0061, and 1029-0062. The information is necessary to
implement the Small Operator Assistance Program and its submission is
mandatory.
30 CFR 795.5 Grant application procedures.
A State intending to administer a Small Operator Assistance Program
under a grant from the Office of Surface Mining may submit a grant
application to OSM for funding of the program under the procedures of
part 735 of this chapter.
30 CFR 795.6 Eligibility for assistance.
(a) An applicant is eligible for assistance if he or she --
(1) Intends to apply for a permit pursuant to the Act;
(2) Establishes that his or her probable total actual and attributed
production from all locations during any consecutive 12-month period
either during the term of his or her permit or during the first 5 years
after issuance of his or her permit, whichever period is shorter, will
not exceed 100,000 tons. Production from the following operations shall
be attributed to the applicant --
(i) The pro rata share, based upon percentage of ownership of
applicant, of coal produced by operations in which the applicant owns
more than a 5 percent interest;
(ii) The pro rata share, based upon percentage of ownership of
applicant, of coal produced in other operations by persons who own more
than 5 percent of the applicant's operation;
(iii) All coal produced by operations owned by persons who directly
or indirectly control the applicant by reason of direction of the
management;
(iv) All coal produced by operations owned by members of the
applicant's family and the applicants' relatives, unless it is
established that there is no direct or indirect business relationship
between or among them.
(3) Is not restricted in any manner from receiving a permit under the
permanent regulatory program; and
(4) Does not organize or reorganize his or her company solely for the
purpose of obtaining assistance under the SOAP.
(b) A State may provide alternate criteria or procedures for
determining the eligibility of an operator for assistance under the
program, provided that such criteria may not be used as a basis for
grant requests in excess of that which would be authorized under the
criteria of paragraph (a) of this section.
30 CFR 795.7 Filing for assistance.
Each application for assistance shall include the following
information:
(a) A statement of the operator's intent to file a permit
application.
(b) The names and addresses of --
(1) The permit applicant; and
(2) The operator if different from the applicant.
(c) A schedule of the estimated total production of coal from the
proposed permit area and all other locations from which production is
attributed to the applicant under 795.6 The schedule shall include for
each location --
(1) The operator or company name under which coal is or will be
mined;
(2) The permit number and Mine Safety and Health Administration
(MSHA) number;
(3) The actual coal production during the year preceding the year for
which the applicant applies for assistance and production that may be
attributed to the applicant under 795.6; and
(4) The estimated coal production and any production which may be
attributed to the applicant for each year of the proposed permit.
(d) A description of --
(1) The proposed method of coal mining;
(2) The anticipated starting and termination dates of mining
operations;
(3) The number of acres of land to be affected by the proposed mining
operation; and
(4) A general statement on the probable depth and thickness of the
coal resource including a statement of reserves in the permit area and
the method by which they were calculated.
(e) A U.S. Geological Survey topographic map at a scale of 1:24,000
or larger or other topographic map of equivalent detail which clearly
shows --
(1) The area of land to be affected;
(2) The location of any existing or proposed test borings; and
(3) The location and extent of known workings of any underground
mines.
(f) Copies of documents which show that --
(1) The applicant has a legal right to enter and commence mining
within the permit area; and
(2) A legal right of entry has been obtained for the program
administrator and laboratory personnel to inspect the lands to be mined
and adjacent areas to collect environmental data or to install necessary
instruments.
30 CFR 795.8 Application approval and notice.
(a) If the program administrator finds the applicant eligible, he or
she shall inform the applicant in writing that the application is
approved.
(b) If the program administrator finds the applicant ineligible, he
or she shall inform the applicant in writing that the application is
denied and shall state the reasons for denial.
30 CFR 795.9 Program services and data requirements.
(a) To the extent possible with available funds, the program
administrator shall select and pay a qualified laboratory to make the
determination and statement referenced in paragraph (b) of this section
for eligible operators who request assistance.
(b) The program administrator shall determine the data needed for
each applicant or group of applicants. Data collected and the results
provided to the program administrator shall be sufficient to satisfy the
requirements for:
(1) The determination of the probable hydrologic consequences of the
surface mining and reclamation operations in the proposed permit area
and adjacent areas in accordance with 780.21(f) and 784.14(e) and any
other applicable provisions of this chapter; and
(2) The statement of the results of test borings or core samplings
for the proposed permit area in accordance with 780.22(b) and
784.22(b) and any other applicable provisions of this chapter.
(c) Data collection and analysis may proceed concurrently with the
development of mining and reclamation plans by the operator.
(d) Data collected under this program shall be made publicly
available in accordance with 773.13(d) of this chapter. The program
administrator shall develop procedures for interstate coordination and
exchange of data.
(48 FR 2272, Jan. 18, 1983, as amended at 48 FR 44780, Sept. 30,
1983)
30 CFR 795.10 Qualified laboratories.
(a) Basic qualifications. To be designated a qualified laboratory, a
firm shall demonstrate that it --
(1) Is staffed with experienced, professional or technical personnel
in the fields applicable to the work to be performed;
(2) Has adequate space for material preparation and cleaning and
sterilizing equipment and has stationary equipment, storage, and space
to accommodate workloads during peak periods;
(3) Meets applicable Federal or State safety and health requirements;
(4) Has analytical, monitoring and measuring equipment capable of
meeting applicable standards; and
(5) Has the capability of collecting necessary field samples and
making hydrologic field measurements and analytical laboratory
determinations by acceptable hydrologic, geologic, or analytical methods
in accordance with the requirements of 780.21, 780.22, 784.14 and
784.22 and any other applicable provisions of this chapter. Other
appropriate methods or guidelines for data acquisition may be approved
by the program administrator.
(6) Has the capability of performing services for either the
determination or statement referenced in 795.9(b).
(b) Subcontractors. Subcontractors, may be used to provide some of
the required services provided their use is identified at the time a
determination is made that a firm is qualified and they meet
requirements specified by the program administrator.
30 CFR 795.11 Assistance funding.
(a) Use of funds. Funds specifically authorized for this program
shall be used to provide the services specified in 795.9 and shall not
be used to cover administrative expenses.
(b) Allocation of funds. The program administrator shall establish a
formula for allocating funds to provide services for eligible small
operators if available funds are less than those required to provide the
services pursuant to this part.
30 CFR 795.12 Applicant liability.
(a) The applicant shall reimburse the regulatory authority for the
cost of the laboratory services performed pursuant to this part if --
(1) The applicant submits false information, fails to submit a permit
application within 1 year from the date of receipt of the approved
laboratory report, or fails to mine after obtaining a permit;
(2) The program administrator finds that the applicant's actual and
attributed annual production of coal for all locations exceeds 100,000
tons during any consecutive 12-month period either during the term of
the permit for which assistance is provided or during the first 5 years
after issuance of the permit whichever is shorter; or
(3) The permit is sold, transferred, or assigned to another person
and the transferee's total actual and attributed production exceeds the
100,000-ton annual production limit during any consecutive 12-month
period of the remaining term of the permit. Under this paragraph the
applicant and its successor are jointly and severally obligated to
reimburse the regulatory authority.
(b) The program administrator may waive the reimbursement obligation
if he or she finds that the applicant at all times acted in good faith.
30 CFR 795.12 SUBCHAPTER I -- (RESERVED)
30 CFR 795.12 SUBCHAPTER J -- BONDING AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS
30 CFR 795.12 PART 800 -- BOND AND INSURANCE REQUIREMENTS FOR SURFACE
COAL MINING AND RECLAMATION OPERATIONS UNDER REGULATORY PROGRAMS
Sec.
800.1 Scope and purpose.
800.4 Regulatory authority responsibilities.
800.5 Definitions.
800.10 Information collection.
800.11 Requirement to file a bond.
800.12 Form of the performance bond.
800.13 Period of liability.
800.14 Determination of bond amount.
800.15 Adjustment of amount.
800.16 General terms and conditions of bond.
800.17 Bonding requirements for underground coal mines and long-term
coal-related surface facilities and structures.
800.20 Surety bonds.
800.21 Collateral bonds.
800.23 Self-bonding.
800.30 Replacement of bonds.
800.40 Requirement to release performance bonds.
800.50 Forfeiture of bonds.
800.60 Terms and conditions for liability insurance.
800.70 Bonding for anthracite operations in Pennsylvania.
Authority: 30 U.S.C. 1201 et seq., as amended; and Pub. L.
100-34.
Source: 48 FR 32959, July 19, 1983, unless otherwise noted.
30 CFR 800.1 Scope and purpose.
This part sets forth the minimum requirements for filing and
maintaining bonds and insurance for surface coal mining and reclamation
operations under regulatory programs in accordance with the Act.
30 CFR 800.4 Regulatory authority responsibilities.
(a) The regulatory authority shall prescribe and furnish forms for
filing performance bonds.
(b) The regulatory authority shall prescribe by regulation terms and
conditions for performance bonds and insurance.
(c) The regulatory authority shall determine the amount of the bond
for each area to be bonded, in accordance with 800.14. The regulatory
authority shall also adjust the amount as acreage in the permit area is
revised, or when other relevant conditions change according to the
requirements of 800.15.
(d) The regulatory authority may accept a self-bond if the permittee
meets the requirements of 800.23 and any additional requirements in the
State or Federal program.
(e) The regulatory authority shall release liability under a bond or
bonds in accordance with 800.40.
(f) If the conditions specified in 800.50 occur, the regulatory
authority shall take appropriate action to cause all or part of a bond
to be forfeited in accordance with procedures of that section.
(g) The regulatory authority shall require in the permit that
adequate bond coverage be in effect at all times. Except as provided in
800.16(e)(2), operating without a bond is a violation of a condition
upon which the permit is issued.
30 CFR 800.5 Definitions.
(a) Surety bond means an indemnity agreement in a sum certain payable
to the regulatory authority, executed by the permittee as principal and
which is supported by the performance guarantee of a corporation
licensed to do business as a surety in the State where the operation is
located.
(b) Collateral bond means an indemnity agreement in a sum certain
executed by the permittee as principal which is supported by the deposit
with the regulatory authority of one or more of the following:
(1) A cash account, which shall be the deposit of cash in one or more
federally-insured or equivalently protected accounts, payable only to
the regulatory authority upon demand, or the deposit of cash directly
with the regulatory authority;
(2) Negotiable bonds of the United States, a State, or a
municipality, endorsed to the order of, and placed in the possession of,
the regulatory authority;
(3) Negotiable certificates of deposit, made payable or assigned to
the regulatory authority and placed in its possession or held by a
federally-insured bank;
(4) An irrevocable letter of credit of any bank organized or
authorized to transact business in the United States, payable only to
the regulatory authority upon presentation;
(5) A perfected, first-lien security interest in real property in
favor of the regulatory authority; or
(6) Other investment-grade rated securities having a rating of AAA,
AA, or A or an equivalent rating issued by a nationally recognized
securities rating service, endorsed to the order of, and placed in the
possession of, the regulatory authority.
(c) Self-bond means an indemnity agreement in a sum certain executed
by the applicant or by the applicant and any corporate guarantor and
made payable to the regulatory authority, with or without separate
surety.
(48 FR 32959, July 19, 1983, as amended at 53 FR 997, Jan. 14, 1988)
30 CFR 800.10 Information collection.
The collection of information contained in 800.11, 800.21(c),
800.23(b)(2), 800.23(b)(3), 800.40(a), and 800.60(a) have been approved
by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and
assigned clearance number 1029-0043. The information will be used to
determine if reclamation bonds are sufficient to comply with the Act.
Response is required to obtain a benefit in accordance with the
requirements of 30 U.S.C. 1201 et seq. Public reporting burden for this
collection of information is estimated to average 28 hours per response,
including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding this
burden estimate or any other aspects of this collection of information,
including suggestions for reducing the burden, to the Office of Surface
Mining Reclamation and Enforcement, Information Collection Clearance
Officer, 1951 Constitution Avenue NW., rm 5415 L, Washington, DC 20240
and the Office of Management and Budget, Paperwork Reduction Project
(1029-0043), Washington, DC 20503.
(56 FR 59994, Nov. 26, 1991)
30 CFR 800.11 Requirement to file a bond.
(a) After a permit application under subchapter G of this chapter has
been approved, but before a permit is issued, the applicant shall file
with the regulatory authority, on a form prescribed and furnished by the
regulatory authority, a bond or bonds for performance made payable to
the regulatory authority and conditioned upon the faithful performance
of all the requirements of the Act, the regulatory program, the permit,
and the reclamation plan.
(b)(1) The bond or bonds shall cover the entire permit area, or an
identified increment of land within the permit area upon which the
operator will initiate and conduct surface coal mining and reclamation
operations during the initial term of the permit.
(2) As surface coal mining and reclamation operations on succeeding
increments are initiated and conducted within the permit area, the
permittee shall file with the regulatory authority an additional bond or
bonds to cover such increments in accordance with this section.
(3) The operator shall identify the initial and successive areas or
increments for bonding on the permit application map submitted for
approval as provided in the application (under parts 780 and 784 of this
chapter), and shall specify the bond amount to be provided for each area
or increment.
(4) Independent increments shall be of sufficient size and
configuration to provide for efficient reclamation operations should
reclamation by the regulatory authority become necessary pursuant to
800.50.
(c) An operator shall not disturb any surface areas, succeeding
increments, or extend any underground shafts, tunnels or operations
prior to acceptance by the regulatory authority of the required
performance bond.
(d) The applicant shall file, with the approval of the regulatory
authority, a bond or bonds under one of the following schemes to cover
the bond amounts for the permit area as determined in accordance with
800.14:
(1) A performance bond or bonds for the entire permit area;
(2) A cumulative bond schedule and the performance bond required for
full reclamation of the initial area to be disturbed; or
(3) An incremental bond schedule and the performance bond required
for the first increment in the schedule.
(e) OSM may approve, as part of a State or Federal program, an
alternative bonding system, if it will achieve the following objectives
and purposes of the bonding program:
(1) The alternative must assure that the regulatory authority will
have available sufficient money to complete the reclamation plan for any
areas which may be in default at any time; and
(2) The alternative must provide a substantial economic incentive for
the permittee to comply with all reclamation provisions.
30 CFR 800.12 Form of the performance bond.
The regulatory authority shall prescribe the form of the performance
bond. The regulatory authority may allow for:
(a) A surety bond;
(b) A collateral bond;
(c) A self-bond; or
(d) A combination of any of these bonding methods.
30 CFR 800.13 Period of liability.
(a)(1) Performance bond liability shall be for the duration of the
surface coal mining and reclamation operation and for a period which is
coincident with the operator's period of extended responsibility for
successful revegetation provided in 816.116 or 817.116 of this chapter
or until achievement of the reclamation requirements of the Act,
regulatory programs, and permit, whichever is later.
(2) With the approval of regulatory authority, a bond may be posted
and approved to guarantee specific phases of reclamation within the
permit area provided the sum of phase bonds posted equals or exceeds the
total amount required under 800.14 and 800.15. The scope of work to be
guaranteed and the liability assumed under each phase bond shall be
specified in detail.
(b) Isolated and clearly defined portions of the permit area
requiring extended liability may be separated from the original area and
bonded separately with the approval of the regulatory authority. Such
areas shall be limited in extent and not constitute a scattered,
intermittent, or checkerboard pattern of failure. Access to the
separated areas for remedial work may be included in the area under
extended liability if deemed necessary by the regulatory authority.
(c) If the regulatory authority approves a long-term, intensive
agricultural postmining land use, in accordance with 816.133 or
817.133 of this chapter, the applicable 5 or 10 year period of liability
shall commence at the date of initial planting for such long-term
agricultural use.
(d)(1) The bond liability of the permittee shall include only those
actions which he or she is obligated to take under the permit, including
completion of the reclamation plan, so that the land will be capable of
supporting the postmining land use approved under 816.133 or 817.133
of this chapter.
(2) Implementation of an alternative postmining land use approved
under 816.133(c) and 817.133(c) which is beyond the control of the
permittee, need not be covered by the bond. Bond liability for prime
farmland shall be as specified in 800.40(c)(2).
30 CFR 800.14 Determination of bond amount.
(a) The amount of the bond required for each bonded area shall:
(1) Be determined by the regulatory authority;
(2) Depend upon the requirements of the approved permit and
reclamation plan;
(3) Reflect the probable difficulty of reclamation, giving
consideration to such factors as topography, geology, hydrology, and
revegetation potential; and
(4) Be based on, but not limited to, the estimated cost submitted by
the permit applicant.
(b) The amount of the bond shall be sufficient to assure the
completion of the reclamation plan if the work has to be performed by
the regulatory authority in the event of forfeiture, and in no case
shall the total bond initially posted for the entire area under one
permit be less than $10,000.
(c) An operator's financial responsibility under 817.121(c) of this
chapter for repairing material damage resulting from subsidence may be
satisfied by the liability insurance policy required under 800.60.
30 CFR 800.15 Adjustment of amount.
(a) The amount of the bond or deposit required and the terms of the
acceptance of the applicant's bond shall be adjusted by the regulatory
authority from time to time as the area requiring bond coverage is
increased or decreased or where the cost of future reclamation changes.
The regulatory authority may specify periodic times or set a schedule
for reevaluating and adjusting the bond amount to fulfill this
requirement.
(b) The regulatory authority shall --
(1) Notify the permittee, the surety, and any person with a property
interest in collateral who has requested notification under 800.21(f)
of any proposed adjustment to the bond amount; and
(2) Provide the permittee an opportunity for an informal conference
on the adjustment.
(c) A permittee may request reduction of the amount of the
performance bond upon submission of evidence to the regulatory authority
proving that the permittee's method of operation or other circumstances
reduces the estimated cost for the regulatory authority to reclaim the
bonded area. Bond adjustments which involve undisturbed land or
revision of the cost estimate of reclamation are not considered bond
release subject to procedures of 800.40.
(d) In the event that an approved permit is revised in accordance
with subchapter G of this chapter, the regulatory authority shall review
the bond for adequacy and, if necessary, shall require adjustment of the
bond to conform to the permit as revised.
30 CFR 800.16 General terms and conditions of bond.
(a) The performance bond shall be in an amount determined by the
regulatory authority as provided in 800.14.
(b) The performance bond shall be payable to the regulatory
authority.
(c) The performance bond shall be conditioned upon faithful
performance of all the requirements of the Act, this chapter, the
regulatory program, and the approved permit, including completion of the
reclamation plan.
(d) The duration of the bond shall be for the time period provided in
800.13.
(e)(1) The bond shall provide a mechanism for a bank or surety
company to give prompt notice to the regulatory authority and the
permittee of any action filed alleging the insolvency or bankruptcy of
the surety company, the bank, or the permittee, or alleging any
violations which would result in suspension or revocation of the surety
or bank charter or license to do business.
(2) Upon the incapacity of a bank or surety company by reason of
bankruptcy, insolvency, or suspension or revocation of a charter or
license, the permittee shall be deemed to be without bond coverage and
shall promptly notify the regulatory authority. The regulatory
authority, upon notification received through procedures of paragraph
(e)(1) of this section or from the permittee, shall, in writing, notify
the operator who is without bond coverage and specify a reasonable
period, not to exceed 90 days, to replace bond coverage. If an adequate
bond is not posted by the end of the period allowed, the operator shall
cease coal extraction and shall comply with the provisions of 816.132
or 817.132 of this chapter and shall immediately begin to conduct
reclamation operations in accordance with the reclamation plan. Mining
operations shall not resume until the regulatory authority has
determined that an acceptable bond has been posted.
30 CFR 800.17 Bonding requirements for underground coal mines and
long-term coal-related surface facilities and structures.
(a) Responsibilities. The regulatory authority shall require bond
coverage, in an amount determined under 800.14, for long-term surface
facilities and structures, and for areas disturbed by surface impacts
incident to underground mines, for which a permit is required. Specific
reclamation techniques required for underground mines and long-term
facilities shall be considered in determining the amount of bond to
complete the reclamation.
(b) Long-term period of liability. (1) The period of liability for
every bond covering long-term surface disturbances shall commence with
the issuance of a permit, except that to the extent that such
disturbances will occur on a succeeding increment to be bonded, such
liability will commence upon the posting of the bond for that increment
before the initial surface disturbance of that increment. The liability
period shall extend until all reclamation, restoration, and abatement
work under the permit has been completed and the bond is released under
the provisions of 800.40, or until the bond has been replaced or
extended in accordance with 800.17(b)(3).
(2) Long-term surface disturbances shall include long-term
coal-related surface facilities and structures, and surface impacts
incident to underground coal mining, which disturb an area for a period
that exceeds 5 years. Long-term surface disturbances include, but are
not limited to: surface features of shafts and slope facilities, coal
refuse areas, powerlines, bore-holes, ventilation shafts, preparation
plants, machine shops, roads, and loading and treatment facilities.
(3) To achieve continuous bond coverage for long-term surface
disturbances, the bond shall be conditioned upon extension, replacement,
or payment in full, 30 days prior to the expiration of the bond term.
(4) Continuous bond coverage shall apply throughout the period of
extended responsibility for successful revegetation and until the
provisions of 800.40 have been met.
(c) Bond forfeiture. The regulatory authority shall take action to
forfeit a bond pursuant to this section, if 30 days prior to bond
expiration, the operator has not filed: (1) A performance bond for a
new term as required for continuous coverage, or (2) a performance bond
providing coverage for the period of liability, including the period of
extended responsibility for successful revegetation.
30 CFR 800.20 Surety bonds.
(a) A surety bond shall be executed by the operator and a corporate
surety licensed to do business in the State where the operation is
located.
(b) Surety bonds shall be noncancellable during their terms, except
that surety bond coverage for lands not disturbed may be cancelled with
the prior consent of the regulatory authority. The regulatory authority
shall advise the surety, within 30 days after receipt of a notice to
cancel bond, whether the bond may be cancelled on an undisturbed area.
30 CFR 800.21 Collateral bonds.
(a) Collateral bonds, except for letters of credit, cash accounts,
and real property, shall be subject to the following conditions:
(1) The regulatory authority shall keep custody of collateral
deposited by the applicant until authorized for release or replacement
as provided in this subchapter.
(2) The regulatory authority shall value collateral at its current
market value, not at face value.
(3) The regulatory authority shall require that certificates of
deposit be made payable to or assigned to the regulatory authority, both
in writing and upon the records of the bank issuing the certificates.
If assigned, the regulatory authority shall require the banks issuing
these certificates to waive all rights of setoff or liens against those
certificates.
(4) The regulatory authority shall not accept an individual
certificate of deposit in an amount in excess of $100,000 or the maximum
insurable amount as determined by the Federal Deposit Insurance
Corporation or the Federal Savings and Loan Insurance Corporation.
(b) Letters of credit shall be subject to the following conditions:
(1) The letter may be issued only by a bank organized or authorized
to do business in the United States;
(2) Letters of credit shall be irrevocable during their terms. A
letter of credit used as security in areas requiring continuous bond
coverage shall be forfeited and shall be collected by the regulatory
authority if not replaced by other suitable bond or letter of credit at
least 30 days before its expiration date.
(3) The letter of credit shall be payable to the regulatory authority
upon demand, in part or in full, upon receipt from the regulatory
authority of a notice of forfeiture issued in accordance with 800.50.
(c) Real property posted as a collateral bond shall meet the
following conditions:
(1) The applicant shall grant the regulatory authority a first
mortgage, first deed of trust, or perfected first-lien security interest
in real property with a right to sell or otherwise dispose of the
property in the event of forfeiture under 800.50.
(2) In order for the regulatory authority to evaluate the adequacy of
the real property offered to satisfy collateral requirements, the
applicant shall submit a schedule of the real property which shall be
mortgaged or pledged to secure the obligations under the indemnity
agreement. The list shall include --
(i) A description of the property;
(ii) The fair market value as determined by an independent appraisal
conducted by a certified appraiser; and
(iii) Proof of possession and title to the real property.
(3) The property may include land which is part of the permit area;
however, land pledged as collateral for a bond under this section shall
not be disturbed under any permit while it is serving as security under
this section.
(d) Cash accounts shall be subject to the following conditions:
(1) The regulatory authority may authorize the operator to supplement
the bond through the establishment of a cash account in one or more
federally-insured or equivalently protected accounts made payable upon
demand to, or deposited directly with, the regulatory authority. The
total bond including the cash account shall not be less than the amount
required under terms of performance bonds including any adjustments,
less amounts released in accordance with 800.40.
(2) Any interest paid on a cash account shall be retained in the
account and applied to the bond value of the account unless the
regulatory authority has approved the payment of interest to the
operator.
(3) Certificates of deposit may be substituted for a cash account
with the approval of the regulatory authority.
(4) The regulatory authority shall not accept an individual cash
account in an amount in excess of $100,000 or the maximum insurable
amount as determined by the Federal Deposit Insurance Corporation or the
Federal Savings and Loan Insurance Corporation.
(e)(1) The estimated bond value of all collateral posted as assurance
under this section shall be subject to a margin which is the ratio of
bond value to market value, as determined by the regulatory authority.
The margin shall reflect legal and liquidation fees, as well as value
depreciation, marketability, and fluctuations which might affect the net
cash available to the regulatory authority to complete reclamation.
(2) The bond value of collateral may be evaluated at any time but it
shall be evaluated as part of permit renewal and, if necessary, the
performance bond amount increased or decreased. In no case shall the
bond value of collateral exceed the market value.
(f) Persons with an interest in collateral posted as a bond, and who
desire notification of actions pursuant to the bond, shall request the
notification in writing to the regulatory authority at the time
collateral is offered.
30 CFR 800.23 Self-bonding.
(a) Definitions. For the purposes of this section only:
Current assets means cash or other assets or resources which are
reasonably expected to be converted to cash or sold or consumed within
one year or within the normal operating cycle of the business.
Current liabilities means obligations which are reasonably expected
to be paid or liquidated within one year or within the normal operating
cycle of the business.
Fixed assets means plants and equipment, but does not include land or
coal in place.
Liabilities means obligations to transfer assets or provide services
to other entities in the future as a result of past transactions.
Net worth means total assets minus total liabilities and is
equivalent to owners' equity.
Parent corporation means a corporation which owns or controls the
applicant.
Tangible net worth means net worth minus intangibles such as goodwill
and rights to patents or royalties.
(b) The regulatory authority may accept a self-bond from an applicant
for a permit if all of the following conditions are met by the applicant
or its parent corporation guarantor:
(1) The applicant designates a suitable agent to receive service of
process in the State where the proposed surface coal mining operation is
to be conducted.
(2) The applicant has been in continuous operation as a business
entity for a period of not less than 5 years. Continuous operation
shall mean that business was conducted over a period of 5 years
immediately preceding the time of application.
(i) The regulatory authority may allow a joint venture or syndicate
with less than 5 years of continuous operation to qualify under this
requirement, if each member of the joint venture or syndicate has been
in continuous operation for at least 5 years immediately preceding the
time of application.
(ii) When calculating the period of continuous operation, the
regulatory authority may exclude past periods of interruption to the
operation of the business entity that were beyond the applicant's
control and that do not affect the applicant's likelihood of remaining
in business during the proposed surface coal mining and reclamation
operations.
(3) The applicant submits financial information in sufficient detail
to show that the applicant meets one of the following criteria:
(i) The applicant has a current rating for its most recent bond
issuance of ''A'' or higher as issued by either Moody's Investor Service
or Standard and Poor's Corporation;
(ii) The applicant has a tangible net worth of at least $10 million,
a ratio of total liabilities to net worth of 2.5 times or less, and a
ratio of current assets to current liabilities of 1.2 times or greater;
or
(iii) The applicant's fixed assets in the United States total at
least $20 million, and the applicant has a ratio of total liabilities to
net worth of 2.5 times or less, and a ratio of current assets to current
liabilities of 1.2 times or greater.
(4) The applicant submits;
(i) Financial statements for the most recently completed fiscal year
accompanied by a report prepared by an independent certified public
accountant in conformity with generally accepted accounting principles
and containing the accountant's audit opinion or review opinion of the
financial statements with no adverse opinion;
(ii) Unaudited financial statements for completed quarters in the
current fiscal year; and
(iii) Additional unaudited information as requested by the regulatory
authority.
(c)(1) The regulatory authority may accept a written guarantee for an
applicant's self-bond from a parent corporation guarantor, if the
guarantor meets the conditions of paragraphs (b)(1) through (b)(4) of
this section as if it were the applicant. Such a written guarantee
shall be referred to as a ''corporate guarantee.'' The terms of the
corporate guarantee shall provide for the following:
(i) If the applicant fails to complete the reclamation plan, the
guarantor shall do so or the guarantor shall be liable under the
indemnity agreement to provide funds to the regulatory authority
sufficient to complete the reclamation plan, but not to exceed the bond
amount.
(ii) The corporate guarantee shall remain in force unless the
guarantor sends notice of cancellation by certified mail to the
applicant and to the regulatory authority at least 90 days in advance of
the cancellation date, and the regulatory authority accepts the
cancellation.
(iii) The cancellation may be accepted by the regulatory authority if
the applicant obtains suitable replacement bond before the cancellation
date or if the lands for which the self-bond, or portion thereof, was
accepted have not been disturbed.
(2) The regulatory authority may accept a written guarantee for an
applicant's self-bond from any corporate guarantor, whenever the
applicant meets the conditions of paragraphs (b)(1), (b)(2) and (b)(4)
of this section, and the guarantor meets the conditions of paragraphs
(b)(1) through (b)(4) of this section. Such a written guarantee shall
be referred to as a ''non-parent corporate guarantee.'' The terms of
this guarantee shall provide for compliance with the conditions of
paragraphs (c)(1)(i) through (c)(1)(iii) of this section. The
regulatory authority may require the applicant to submit any information
specified in paragraph (b)(3) of this section in order to determine the
financial capabilities of the applicant.
(d) For the regulatory authority to accept an applicant's self-bond,
the total amount of the outstanding and proposed self-bonds of the
applicant for surface coal mining and reclamation operations shall not
exceed 25 percent of the applicant's tangible net worth in the United
States. For the regulatory authority to accept a corporate guarantee,
the total amount of the parent corporation guarantor's present and
proposed self-bonds and guaranteed self-bonds for surface coal mining
and reclamation operations shall not exceed 25 percent of the
guarantor's tangible net worth in the United States. For the regulatory
authority to accept a non-parent corporate guarantee, the total amount
of the non-parent corporate guarantor's present and proposed self-bonds
and guaranteed self-bonds shall not exceed 25 percent of the guarantor's
tangible net worth in the United States.
(e) If the regulatory authority accepts an applicant's self-bond, an
indemnity agreement shall be submitted subject to the following
requirements:
(1) The indemnity agreement shall be executed by all persons and
parties who are to be bound by it, including the parent corporation
guarantor, and shall bind each jointly and severally.
(2) Corporations applying for a self-bond, and parent and non-parent
corporations guaranteeing an applicant's self-bond shall submit an
indemnity agreement signed by two corporate officers who are authorized
to bind their corporations. A copy of such authorization shall be
provided to the regulatory authority along with an affidavit certifying
that such an agreement is valid under all applicable Federal and State
laws. In addition, the guarantor shall provide a copy of the corporate
authorization demonstrating that the corporation may guarantee the
self-bond and execute the indemnity agreement.
(3) If the applicant is a partnership, joint venture or syndicate,
the agreement shall bind each partner or party who has a beneficial
interest, directly or indirectly, in the applicant.
(4) Pursuant to 800.50, the applicant, parent or non-parent
corporate guarantor shall be required to complete the approved
reclamation plan for the lands in default or to pay to the regulatory
authority an amount necessary to complete the approved reclamation plan,
not to exceed the bond amount. If permitted under State law, the
indemnity agreement when under forfeiture shall operate as a judgment
against those parties liable under the indemnity agreement.
(f) A regulatory authority may require self-bonded applicants, parent
and non-parent corporate guarantors to submit an update of the
information required under paragraphs (b)(3) and (b)(4) of this section
within 90 days after the close of each fiscal year following the
issuance of the self-bond or corporate guarantee.
(g) If at any time during the period when a self-bond is posted, the
financial conditions of the applicant, parent or non-parent corporate
guarantor change so that the criteria of paragraphs (b)(3) and (d) of
this section are not satisfied, the permittee shall notify the
regulatory authority immediately and shall within 90 days post an
alternate form of bond in the same amount as the self-bond. Should the
permittee fail to post an adequate substitute bond, the provisions of
800.16(e) shall apply.
(48 FR 36429, Aug. 10, 1983, as amended at 53 FR 997, Jan. 14, 1988)
30 CFR 800.30 Replacement of bonds.
(a) The regulatory authority may allow a permittee to replace
existing bonds with other bonds that provide equivalent coverage.
(b) The regulatory authority shall not release existing performance
bonds until the permittee has submitted, and the regulatory authority
has approved, acceptable replacement performance bonds. Replacement of
a performance bond pursuant to this section shall not constitute a
release of bond under 800.40.
30 CFR 800.40 Requirement to release performance bonds.
(a) Bond release application. (1) The permittee may file an
application with the regulatory authority for the release of all or part
of a performance bond. Applications may be filed only at times or
during seasons authorized by the regulatory authority in order to
properly evaluate the completed reclamation operations. The times or
seasons appropriate for the evaluation of certain types of reclamation
shall be established in the regulatory program or identified in the
mining and reclamation plan required in subchapter G of this chapter and
approved by the regulatory authority.
(2) Within 30 days after an application for bond release has been
filed with the regulatory authority, the permittee shall submit a copy
of an advertisement placed at least once a week for four successive
weeks in a newspaper of general circulation in the locality of the
surface coal mining operation. The advertisement shall be considered
part of any bond release application and shall contain the permittee's
name, permit number and approval date, notification of the precise
location of the land affected, the number of acres, the type and amount
of the bond filed and the portion sought to be released, the type and
appropriate dates of reclamation work performed, a description of the
results achieved as they relate to the permittee's approved reclamation
plan, and the name and address of the regulatory authority to which
written comments, objections, or requests for public hearings and
informal conferences on the specific bond release may be submitted
pursuant to 800.40 (f) and (h). In addition, as part of any bond
release application, the permittee shall submit copies of letters which
he or she has sent to adjoining property owners, local governmental
bodies, planning agencies, sewage and water treatment authorities, and
water companies in the locality in which the surface coal mining and
reclamation operation took place, notifying them of the intention to
seek release from the bond.
(3) The permittee shall include in the application for bond release a
notarized statement which certifies that all applicable reclamation
activities have been accomplished in accordance with the requirements of
the Act, the regulatory program, and the approved reclamation plan.
Such certification shall be submitted for each application or phase of
bond release.
(b) Inspection by regulatory authority. (1) Upon receipt of the bond
release application, the regulatory authority shall, within 30 days, or
as soon thereafter as weather conditions permit, conduct an inspection
and evaluation of the reclamation work involved. The evaluation shall
consider, among other factors, the degree of difficulty to complete any
remaining reclamation, whether pollution of surface and subsurface water
is occurring, the probability of future occurrence of such pollution,
and the estimated cost of abating such pollution. The surface owner,
agent, or lessee shall be given notice of such inspection and may
participate with the regulatory authority in making the bond release
inspection. The regulatory authority may arrange with the permittee to
allow access to the permit area, upon request by any person with an
interest in bond release, for the purpose of gathering information
relevant to the proceeding.
(2) Within 60 days from the filing of the bond release application,
if no public hearing is held pursuant to paragraph (f) of this section,
or, within 30 days after a public hearing has been held pursuant to
paragraph (f) of this section, the regulatory authority shall notify in
writing the permittee, the surety or other persons with an interest in
bond collateral who have requested notification under 800.21(f), and
the persons who either filed objections in writing or objectors who were
a party to the hearing proceedings, if any, of its decision to release
or not to release all or part of the performance bond.
(c) The regulatory authority may release all or part of the bond for
the entire permit area or incremental area if the regulatory authority
is satisfied that all the reclamation or a phase of the reclamation
covered by the bond or portion thereof has been accomplished in
accordance with the following schedules for reclamation of Phases I, II,
and III:
(1) At the completion of Phase I, after the operator completes the
backfilling, regrading (which may include the replacement of topsoil)
and drainage control of a bonded area in accordance with the approved
reclamation plan, 60 percent of the bond or collateral for the
applicable area.
(2) At the completion of Phase II, after revegetation has been
established on the regraded mined lands in accordance with the approved
reclamation plan, an additional amount of bond. When determining the
amount of bond to be released after successful revegetation has been
established, the regulatory authority shall retain that amount of bond
for the revegetated area which would be sufficient to cover the cost of
reestablishing revegetation if completed by a third party and for the
period specified for operator responsibility in section 515 of the Act
for reestablishing revegetation. No part of the bond or deposit shall
be released under this paragraph so long as the lands to which the
release would be applicable are contributing suspended solids to
streamflow or runoff outside the permit area in excess of the
requirements set by section 515(b)(10) of the Act and by subchapter K of
this chapter or until soil productivity for prime farmlands has returned
to the equivalent levels of yield as nonmined land of the same soil type
in the surrounding area under equivalent management practices as
determined from the soil survey performed pursuant to section 507(b)(16)
of the Act and part 823 of this chapter. Where a silt dam is to be
retained as a permanent impoundment pursuant to subchapter K of this
chapter, the Phase II portion of the bond may be released under this
paragraph so long as provisions for sound future maintenance by the
operator or the landowner have been made with the regulatory authority.
(3) At the completion of Phase III, after the operator has completed
successfully all surface coal mining and reclamation activities, the
release of the remaining portion of the bond, but not before the
expiration of the period specified for operator responsibility in
816.116 or 817.116 of this chapter. However, no bond shall be fully
released under provisions of this section until reclamation requirements
of the Act and the permit are fully met.
(d) If the regulatory authority disapproves the application for
release of the bond or portion thereof, the regulatory authority shall
notify the permittee, the surety, and any person with an interest in
collateral as provided for in 800.21(f), in writing, stating the
reasons for disapproval and recommending corrective actions necessary to
secure the release and allowing an opportunity for a public hearing.
(e) When any application for total or partial bond release is filed
with the regulatory authority, the regulatory authority shall notify the
municipality in which the surface coal mining operation is located by
certified mail at least 30 days prior to the release of all or a portion
of the bond.
(f) Any person with a valid legal interest which might be adversely
affected by release of the bond, or the responsible officer or head of
any Federal, State, or local governmental agency which has jurisdiction
by law or special expertise with respect to any environmental, social,
or economic impact involved in the operation or which is authorized to
develop and enforce environmental standards with respect to such
operations, shall have the right to file written objections to the
proposed release from bond with the regulatory authority within 30 days
after the last publication of the notice required by 800.40(a)(2). If
written objections are filed and a hearing is requested, the regulatory
authority shall inform all the interested parties of the time and place
of the hearing, and shall hold a public hearing within 30 days after
receipt of the request for the hearing. The date, time, and location of
the public hearing shall be advertised by the regulatory authority in a
newspaper of general circulation in the locality for two consecutive
weeks. The public hearing shall be held in the locality of the surface
coal mining operation from which bond release is sought, at the location
of the regulatory authority office, or at the State capital, at the
option of the objector.
(g) For the purpose of the hearing under paragraph (f) of this
section, the regulatory authority shall have the authority to administer
oaths, subpoena witnesses or written or printed material, compel the
attendance of witnesses or the production of materials, and take
evidence including, but not limited to, inspection of the land affected
and other surface coal mining operations carried on by the applicant in
the general vicinity. A verbatim record of each public hearing shall be
made, and a transcript shall be made available on the motion of any
party or by order of the regulatory authority.
(h) Without prejudice to the right of an objector or the applicant,
the regulatory authority may hold an informal conference as provided in
section 513(b) of the Act to resolve such written objections. The
regulatory authority shall make a record of the informal conference
unless waived by all parties, which shall be accessible to all parties.
The regulatory authority shall also furnish all parties of the informal
conference with a written finding of the regulatory authority based on
the informal conference, and the reasons for said finding.
(48 FR 32959, July 19, 1983, as amended at 48 FR 44780, Sept. 30,
1983; 53 FR 998, Jan. 14, 1988; 56 FR 59994, Nov. 26, 1991)
30 CFR 800.50 Forfeiture of bonds.
(a) If an operator refuses or is unable to conduct reclamation of an
unabated violation, if the terms of the permit are not met, or if the
operator defaults on the conditions under which the bond was accepted,
the regulatory authority shall take the following action to forfeit all
or part of a bond or bonds for any permit area or an increment of a
permit area:
(1) Send written notification by certified mail, return receipt
requested, to the permittee and the surety on the bond, if any,
informing them of the determination to forfeit all or part of the bond,
including the reasons for the forfeiture and the amount to be forfeited.
The amount shall be based on the estimated total cost of achieving the
reclamation plan requirements.
(2) Advise the permittee and surety, if applicable, of the conditions
under which forfeiture may be avoided. Such conditions may include, but
are not limited to --
(i) Agreement by the permittee or another party to perform
reclamation operations in accordance with a compliance schedule which
meets the conditions of the permit, the reclamation plan, and the
regulatory program and a demonstration that such party has the ability
to satisfy the conditions; or
(ii) The regulatory authority may allow a surety to complete the
reclamation plan, or the portion of the reclamation plan applicable to
the bonded phase or increment, if the surety can demonstrate an ability
to complete the reclamation in accordance with the approved reclamation
plan. Except where the regulatory authority may approve partial release
authorized under 800.40, no surety liability shall be released until
successful completion of all reclamation under the terms of the permit,
including applicable liability periods of 800.13.
(b) In the event forfeiture of the bond is required by this section,
the regulatory authority shall --
(1) Proceed to collect the forfeited amount as provided by applicable
laws for the collection of defaulted bonds or other debts if actions to
avoid forfeiture have not been taken, or if rights of appeal, if any,
have not been exercised within a time established by the regulatory
authority, or if such appeal, if taken, is unsuccessful.
(2) Use funds collected from bond forfeiture to complete the
reclamation plan, or portion thereof, on the permit area or increment,
to which bond coverage applies.
(c) Upon default, the regulatory authority may cause the forfeiture
of any and all bonds deposited to complete reclamation for which the
bonds were posted. Unless specifically limited, as provided in
800.11(b), bond liability shall extend to the entire permit area under
conditions of forfeiture.
(d)(1) In the event the estimated amount forfeited is insufficient to
pay for the full cost of reclamation, the operator shall be liable for
remaining costs. The regulatory authority may complete, or authorize
completion of, reclamation of the bonded area and may recover from the
operator all costs of reclamation in excess of the amount forfeited.
(2) In the event the amount of performance bond forfeited was more
than the amount necessary to complete reclamation, the unused funds
shall be returned by the regulatory authority to the party from whom
they were collected.
(48 FR 32959, July 19, 1983, as amended at 48 FR 44780, Sept. 30,
1983)
30 CFR 800.60 Terms and conditions for liability insurance.
(a) The regulatory authority shall require the applicant to submit as
part of its permit application a certificate issued by an insurance
company authorized to do business in the United States certifying that
the applicant has a public liability insurance policy in force for the
surface coal mining and reclamation operations for which the permit is
sought. Such policy shall provide for personal injury and property
damage protection in an amount adequate to compensate any persons
injured or property damaged as a result of the surface coal mining and
reclamation operations, including the use of explosives, and who are
entitled to compensation under the applicable provisions of State law.
Minimum insurance coverage for bodily injury and property damage shall
be $300,000 for each occurrence and $500,000 aggregate.
(b) The policy shall be maintained in full force during the life of
the permit or any renewal thereof and the liability period necessary to
complete all reclamation operations under this Chapter.
(c) The policy shall include a rider requiring that the insurer
notify the regulatory authority whenever substantive changes are made in
the policy including any termination or failure to renew.
(d) The regulatory authority may accept from the applicant, in lieu
of a certificate for a public liability insurance policy, satisfactory
evidence from the applicant that it satisfies applicable State
self-insurance requirements approved as part of the regulatory program
and the requirements of this section.
(48 FR 32959, July 19, 1983, as amended at 54 FR 13823, Apr. 5, 1989)
30 CFR 800.70 Bonding for anthracite operations in Pennsylvania.
(a) All of the provisions of this subchapter shall apply to bonding
and insuring anthracite surface coal mining and reclamation operations
in Pennsylvania except that --
(1) Specified bond limits shall be determined by the regulatory
authority in accordance with applicable provisions of Pennsylvania
statutes, rules and regulations promulgated thereunder, and implementing
policies of the Pennsylvania Department of Environmental Resources.
(2) The period of liability for responsibility under each bond shall
be established for those operations in accordance with applicable laws
of the State of Pennsylvania, rules and regulations promulgated
thereunder, and implementing policies of the Pennsylvania Department of
Environmental Resources.
(b) Upon amendment of the Pennsylvania permanent regulatory program
with respect to specified bond limits and period of revegetation
responsibility for anthracite surface coal mining and reclamation
operations, any person engaging in or seeking to engage in those
operations shall comply with additional regulations the Secretary may
issue as are necessary to meet the purposes of the Act.
30 CFR 800.70 SUBCHAPTER K -- PERMANENT PROGRAM PERFORMANCE STANDARDS
30 CFR 800.70 PART 810 -- PERMANENT PROGRAM PERFORMANCE STANDARDS --
GENERAL PROVISIONS
Sec.
810.1 Scope.
810.2 Objective.
810.3 Authority.
810.4 Responsibility.
810.11 Applicability.
Authority: Secs. 102, 201, 501(b), 503, 504, 505, 512, 515, 516 and
517, Pub. L. 95-87, 91 Stat. 448, 449, 468, 470, 471, 473, 483, 486,
495, and 498 (30 U.S.C. 1202, 1211, 1251, 1253, 1254, 1255, 1262, 1265,
1266, and 1267).
Source: 44 FR 15393, Mar. 13, 1979, unless otherwise noted.
30 CFR 810.1 Scope.
This subchapter sets forth the minimum performance standards and
design requirements to be adopted and implemented under a regulatory
program for coal exploration and surface coal mining and reclamation
operations.
30 CFR 810.2 Objective.
The objective of this subchapter is to ensure that coal exploration
and surface coal mining and reclamation operations are conducted in
manners which are compatible with the environmental, social, and
esthetic needs of the Nation. Accordingly, the performance standards
and design requirements in this subchapter will provide for --
(a) Protection of the health, safety, and general welfare of mine
workers and the public;
(b) Maximum use and conservation of the solid fuel resource being
recovered so that reaffecting the land through future surface coal
mining operations can be minimized;
(c) Prompt reclamation of all affected areas to conditions that are
capable of supporting the premining land uses or higher or better land
uses;
(d) Reclamation of land affected by surface coal mining operations as
contemporaneously as practicable with mining operations;
(e) Minimizing, to the extent possible using the best technology
currently available, disturbances and adverse impacts on fish, wildlife,
and other related environmental values, and enhancement of such
resources where practicable;
(f) Revegetation which achieves a prompt vegetative cover and
recovery of productivity levels compatible with approved land uses;
(g) Minimum disturbance to the prevailing hydrologic balance at the
mine-site and in associated off-site areas, and to the quality and
quantity of water in surface and ground water systems;
(h) Protection of fragile and historic lands where surface coal
mining operations could result in significant damage to important
historic, cultural, scientific, or esthetic values and natural systems;
(i) Confinement of surface coal mining and reclamation operations
including, but not limited to, the location of spoil disposal areas to
lands within the permit area; and
(j) Striking a balance between protection of the environment and
agricultural productivity and the Nation's need for coal as an essential
source of energy.
(k) Protection of endangered and threatened species and their
critical habitats as determined by the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
30 CFR 810.3 Authority.
The Secretary shall approve and promulgate minimum coal exploration
and surface mining and reclamation operations performance standards and
design requirements applicable under regulatory programs which are at
least as stringent as subchapter K in accordance with subchapter C of
this chapter.
30 CFR 810.4 Responsibility.
(a) The Director shall ensure that performance standards and design
requirements at least as stringent as the standards of this subchapter
are implemented and enforced under every regulatory program.
(b) The State regulatory authority shall ensure that performance
standards and design requirements at least as stringent as the standards
in this subchapter are implemented and enforced under every State
program.
(c) Each person conducting coal exploration or surface coal mining
and reclamation operations is responsible for complying with performance
standards and design requirements which are at least as stringent as the
standards in this subchapter and the applicable regulatory program.
30 CFR 810.11 Applicability.
Part 815 applies to all coal exploration conducted under regulatory
programs. Part 816 applies to all surface mining activities conducted
under regulatory programs. Part 817 applies to all underground mining
activities conducted under regulatory programs. Parts 818 through 828
apply to certain special categories of surface coal mining and
reclamation operations. Parts 816 and 817 apply to each of those
special categories of operations, except to the extent that a provision
of parts 818 through 828 specifically exempts a particular category from
a particular requirement of part 816 or part 817.
30 CFR 810.11 PART 815 -- PERMANENT PROGRAM PERFORMANCE STANDARDS --
COAL EXPLORATION
Sec.
815.1 Scope and purpose.
815.2 Permitting information.
815.13 Required documents.
815.15 Performance standards for coal exploration.
Authority: 30 U.S.C. 1201 et seq., as amended; and Pub. L.
100-34.
Source: 48 FR 40636, Sept. 8, 1983, unless otherwise noted.
30 CFR 815.1 Scope and purpose.
This part sets forth performance standards required for coal
exploration which substantially disturbs the natural land surface. At
the discretion of the regulatory authority, coal exploration operations
may be further required to comply with the applicable standards of 30
CFR parts 816 through 828.
30 CFR 815.2 Permitting information.
Notwithstanding cross-references in other parts which may be
otherwise construed, part 772 establishes the notice and permit
information requirements for coal exploration.
(53 FR 52950, Dec. 29, 1988)
30 CFR 815.13 Required documents.
Each person who conducts coal exploration which substantially
disturbs the natural land surface shall, while in the exploration area,
have available a copy of the filed notice of intention to explore or a
copy of the exploration permit for review by the authorized
representative of the regulatory authority upon request.
30 CFR 815.15 Performance standards for coal exploration.
(a) Habitats of unique or unusually high value for fish, wildlife,
and other related environmental values and critical habitats of
threatened or endangered species identified pursuant to the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) shall not be disturbed
during coal exploration.
(b) All roads or other transportation facilities used for coal
exploration shall comply with the applicable provisions of 816.150 (b)
through (f), 816.180, and 816.181 of this chapter.
(c) If excavations, artificially flat areas, or embankments are
created during exploration, these areas shall be returned to the
approximate original contour promptly after such features are no longer
needed for coal exploration.
(d) Topsoil shall be separately removed, stored, and redistributed on
areas disturbed by coal exploration activities as necessary to assure
successful revegetation or as required by the regulatory authority.
(e) All areas disturbed by coal exploration activities shall be
revegetated in a manner that encourages prompt revegetation and recovery
of a diverse, effective, and permanent vegetative cover. Revegetation
shall be accomplished in accordance with the following:
(1) All areas disturbed by coal exploration activities shall be
seeded or planted to the same seasonal variety native to the areas
disturbed. If the land use of the exploration area is intensive
agriculture, planting of the crops normally grown will meet the
requirements of this paragraph.
(2) The vegetative cover shall be capable of stabilizing the soil
surface from erosion.
(f) Diversions of overland flows and ephemeral, perennial, or
intermittent streams shall be made in accordance with 816.43 of this
chapter.
(g) Each exploration hole, borehole, well, or other exposed
underground opening created during exploration shall be reclaimed in
accordance with 816.13 through 816.15 of this chapter.
(h) All facilities and equipment shall be promptly removed from the
exploration area when they are no longer needed for exploration, except
for those facilities and equipment that the regulatory authority
determines may remain to --
(1) Provide additional environmental data,
(2) Reduce or control the onsite and offsite effects of the
exploration activities, or
(3) Facilitate future surface mining and reclamation operations by
the person conducting the exploration.
(i) Coal exploration shall be conducted in a manner which minimizes
disturbance of the prevailing hydrologic balance in accordance with
816.41 through 816.49 of this chapter. The regulatory authority may
specify additional measures which shall be adopted by the person engaged
in coal exploration.
(j) Acid- or toxic-forming materials shall be handled and disposed of
in accordance with 816.41(b), 816.41(f), and 816.102(e) of this
chapter. The regulatory authority may specify additional measures which
shall be adopted by the person engaged in coal exploration.
(48 FR 40636, Sept. 8, 1983, as amended at 53 FR 45211, Nov. 8, 1988)
30 CFR 815.15 PART 816 -- PERMANENT PROGRAM PERFORMANCE STANDARDS --
SURFACE MINING ACTIVITIES
Sec.
816.1 Scope.
816.2 Objectives.
816.10 Information collection.
816.11 Signs and markers.
816.13 Casing and sealing of drilled holes: General requirements.
816.14 Casing and sealing of drilled holes: Temporary.
816.15 Casing and sealing of drilled holes: Permanent.
816.22 Topsoil: and subsoil.
816.41 Hydrologic-balance protection.
816.42 Hydrologic balance: Water quality standards and effluent
limitations.
816.43 Diversions.
816.45 Hydrologic balance: Sediment control measures.
816.46 Hydrologic balance: Siltation structures.
816.47 Hydrologic balance: Discharge structures.
816.49 Impoundments.
816.56 Postmining rehabilitation of sedimentation ponds, diversions,
impoundments, and treatment facilities.
816.57 Hydrologic balance: Stream buffer zones.
816.59 Coal recovery.
816.61 Use of explosives: General requirements.
816.62 Use of explosives: Pre-blasting survey.
816.64 Use of explosives: Blasting schedule.
816.66 Use of explosives: Blasting signs, warnings, and access
control.
816.67 Use of explosives: Control of adverse effects.
816.68 Use of explosives: Records of blasting operations.
816.71 Disposal of excess spoil: General requirements.
816.72 Disposal of excess spoil: Valley fills/head-of-hollow fills.
816.73 Disposal of excess spoil: Durable rock fills.
816.74 Disposal of excess spoil: Preexisting benches.
816.79 Protection of underground mining.
816.81 Coal mine waste: General requirements.
816.83 Coal mine waste: Refuse piles.
816.84 Coal mine waste: Impounding structures.
816.87 Coal mine waste: Burning and burned waste utilization.
816.89 Disposal of non-coal mine wastes.
816.95 Stabilization of surface areas.
816.97 Protection of fish, wildlife, and related environmental
values.
816.99 Slides and other damage.
816.100 Contemporaneous reclamation.
816.101 Backfilling and grading:Time and distance requirements.
816.102 Backfilling and grading: General grading requirements.
816.104 Backfilling and grading: Thin overburden.
816.105 Backfilling and grading: Thick overburden.
816.106 Backfilling and grading: Previously mined areas.
816.107 Backfilling and grading: Steep slopes.
816.111 Revegetation: General requirements.
816.113 Revegetation: Timing.
816.114 Revegetation: Mulching and other soil stabilizing practices.
816.116 Revegetation: Standards for success.
816.131 Cessation of operations: Temporary.
816.132 Cessation of operations: Permanent.
816.133 Postmining land use.
816.150 Roads: General.
816.151 Primary roads.
816.180 Utility installations.
816.181 Support facilities.
816.200 Interpretative rules related to general performance
standards.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq., as amended; sec.
115 of Pub. L. 98-146, 30 U.S.C. 1257; and Pub. L. 100-34.
Source: 44 FR 15395, Mar. 13, 1979, unless otherwise noted.
30 CFR 816.1 Scope.
This part sets forth the minimum environmental protection performance
standards to be adopted and implemented under regulatory programs for
surface mining activities.
30 CFR 816.2 Objectives.
This part is intended to ensure that all surface mining activities
are conducted in a manner which preserves and enhances environmental and
other values in accordance with the Act.
30 CFR 816.10 Information collection.
The information collection requirements contained in 30 CFR
816.46(c)(4), 816.46(r), 816.46(t), 816.49(h), 816.49(i), 816.52(a),
816.52(b)(1) (ii) and (iii), 816.53(a), 816.62, 816.64,
816.65(a)(2)(iii), 816.67, 816.68, 816.71(j), 816.82(a)(4), 816.82(b),
816.87, 816.91(b), 816.95, 816.116, 816.117(b)(4), 816.117(c) (1) and
(3), 816.131(b), 816.133(c) (1) thru (4), 816.133(c) (8) and (9),
816.150(d)(1), 816.152(d)(13), 816.160(d)(1) and 816.163(d) have been
approved by the Office of Management and Budget under 44 U.S.C. 3507 and
assigned clearance number 1029-0047. The information is being collected
to meet the requirements of section 515 of Pub. L. 95-87, which
provides that permittees conducting surface coal mining operations shall
meet applicable performance standards of the Act. This information will
be used by the regulatory authority in monitoring and inspecting surface
mining activities. The obligation to respond is mandatory.
(47 FR 33687, Aug. 4, 1982)
30 CFR 816.11 Signs and markers.
(a) Specifications. Signs and markers required under this part shall
--
(1) Be posted and maintained by the person who conducts the surface
mining activities;
(2) Be of a uniform design throughout the operation that can be
easily seen and read;
(3) Be made of durable material; and
(4) Conform to local ordinances and codes.
(b) Duration of maintenance. Signs and markers shall be maintained
during the conduct of all activities to which they pertain.
(c) Mine and permit identification signs. (1) Identification signs
shall be displayed at each point of access to the permit area from
public roads.
(2) Signs shall show the name, business address, and telephone number
of the person who conducts the surface mining activities and the
identification number of the current permit authorizing surface mining
activities.
(3) Signs shall be retained and maintained until after the release of
all bonds for the permit area.
(d) Perimeter markers. The perimeter of a permit area shall be
clearly marked before the beginning of surface mining activities.
(e) Buffer zone markers. Buffer zones shall be marked along their
boundaries as required under 816.57.
(f) Topsoil markers. Where topsoil or other vegetation-supporting
material is segregated and stockpiled as required under 816.22, the
stockpiled material shall be clearly marked.
(44 FR 15395, Mar. 13, 1979, as amended at 48 FR 9806, Mar. 8, 1983;
48 FR 44780, Sept. 30, 1983)
30 CFR 816.13 Casing and sealing of drilled holes: General
requirements.
Each exploration hole, other drill or borehole, well, or other
exposed underground opening shall be cased, sealed, or otherwise
managed, as approved by the regulatory authority, to prevent acid or
other toxic drainage from entering ground or surface waters, to minimize
disturbance to the prevailing hydrologic balance, and to ensure the
safety of people, livestock, fish and wildlife, and machinery in the
permit area and adjacent area. If these openings are uncovered or
exposed by surface mining activities within the permit area they shall
be permanently closed, unless approved for water monitoring, or
otherwise managed in a manner approved by the regulatory authority. Use
of a drilled hole or borehole or monitoring well as a water well must
meet the provisions of 816.41 of this part. This section does not
apply to holes solely drilled and used for blasting.
(44 FR 15395, Mar. 13, 1979, as amended at 48 FR 14822, Apr. 5, 1983;
48 FR 43990, Sept. 26, 1983)
30 CFR 816.14 Casing and sealing of drilled holes: Temporary.
Each exploration hole, other drill or boreholes, wells and other
exposed underground openings which have been identified in the approved
permit application for use to return coal processing waste or water to
underground workings, or to be used to monitor ground water conditions,
shall be temporarily sealed before use and protected during use by
barricades, or fences, or other protective devices approved by the
regulatory authority. These devices shall be periodically inspected and
maintained in good operating condition by the person who conducts the
surface mining activities.
(44 FR 15395, Mar. 13, 1979; 44 FR 49686, Aug. 24, 1979)
30 CFR 816.15 Casing and sealing of drilled holes: Permanent.
When no longer needed for monitoring or other use approved by the
regulatory authority upon a finding of no adverse environmental or
health and safety effect, or unless approved for transfer as a water
well under 816.41, each exploration hole, other drilled hole or
borehole, well, and other exposed underground opening shall be capped,
sealed, backfilled, or otherwise properly managed, as required by the
regulatory authority, under 816.13 and consistent with 30 CFR 75.1711.
Permanent closure measures shall be designed to prevent access to the
mine workings by people, livestock, fish and wildlife, and machinery,
and to keep acid or other toxic drainage from entering ground or surface
waters.
(44 FR 15395, Mar. 13, 1979, as amended at 48 FR 43990, Sept. 26,
1983)
30 CFR 816.22 Topsoil and subsoil.
(a) Removal. (1)(i) All topsoil shall be removed as a separate layer
from the area to be disturbed, and segregated.
(ii) Where the topsoil is of insufficient quantity or poor quality
for sustaining vegetation, the materials approved by the regulatory
authority in accordance with paragraph (b) of this section shall be
removed as a separate layer from the area to be disturbed, and
segregated.
(2) If topsoil is less than 6 inches thick, the operator may remove
the topsoil and the unconsolidated materials immediately below the
topsoil and treat the mixture as topsoil.
(3) The regulatory authority may choose not to require the removal of
topsoil for minor disturbances which --
(i) Occur at the site of small structures, such as power poles,
signs, or fence lines; or
(ii) Will not destroy the existing vegetation and will not cause
erosion.
(4) Timing. All material to be removed under this section shall be
removed after the vegetative cover that would interfere with its salvage
is cleared from the area to be disturbed, but before any drilling,
blasting, mining, or other surface disturbance takes place.
(b) Substitutes and supplements. Selected overburden materials may
be substituted for, or used as a supplement to topsoil if the operator
demonstrates to the regulatory authority that the resulting soil medium
is equal to, or more suitable for sustaining vegetation than, the
existing topsoil, and the resulting soil medium is the best available in
the permit area to support revegetation.
(c) Storage. (1) Materials removed under paragraph (a) of this
section shall be segregated and stockpiled when it is impractical to
redistribute such materials promptly on regraded areas.
(2) Stockpiled materials shall --
(i) Be selectively placed on a stable site within the permit area;
(ii) Be protected from contaminants and unnecessary compaction that
would interfere with revegetation;
(iii) Be protected from wind and water erosion through prompt
establishment and maintenance of an effective, quick growing vegetative
cover or through other measures approved by the regulatory authority;
and
(iv) Not be moved until required for redistribution unless approved
by the regulatory authority.
(3) Where long-term surface disturbances will result from facilities
such as support facilities and preparation plants and where stockpiling
of materials removed under paragraph (a)(1) of this section would be
detrimental to the quality or quantity of those materials, the
regulatory authority may approve the temporary distribution of the soil
materials so removed to an approved site within the permit area to
enhance the current use of that site until needed for later reclamation,
provided that --
(i) Such action will not permanently diminish the capability of the
topsoil of the host site; and
(ii) The material will be retained in a condition more suitable for
redistribution than if stockpiled.
(d) Redistribution. (1) Topsoil materials removed under paragraph
(a) of this section shall be redistributed in a manner that --
(i) Achieves an approximately uniform, stable thickness consistent
with the approved postmining land use, contours, and surface-water
drainage systems;
(ii) Prevents excess compaction of the materials; and
(iii) Protects the materials from wind and water erosion before and
after seeding and planting.
(2) Before redistribution of the material removed under paragraph (a)
of this section the regraded land shall be treated if necessary to
reduce potential slippage of the redistributed material and to promote
root penetration. If no harm will be caused to the redistributed
material and reestablished vegetation, such treatment may be conducted
after such material is replaced.
(3) The regulatory authority may choose not to require the
redistribution of topsoil or topsoil substitutes on the approved
postmining embankments of permanent impoundments or of roads if it
determines that --
(i) Placement of topsoil or topsoil substitutes on such embankments
is inconsistent with the requirement to use the best technology
currently available to prevent sedimentation, and
(ii) Such enbankments will be otherwise stabilized.
(4) Nutrients and soil amendments. Nutrients and soil amendments
shall be applied to the initially redistributed material when necessary
to establish the vegetative cover.
(e) Subsoil segregation. The regulatory authority may require that
the B horizon, C horizon, or other underlying strata, or portions
thereof, be removed and segrgated, stockpiled, and redistributed as
subsoil in accordance with the requirements of paragraphs (c) and (d) of
this section if it finds that such subsoil layers are necessary to
comply with the revegetation requirements of 816.111, 816.113,
816.114, and 816.116 of this chapter.
(48 FR 22100, May 16, 1983)
30 CFR 816.41 Hydrologic-balance protection.
(a) General. All surface mining and reclamation activities shall be
conducted to minimize disturbance of the hydrologic balance within the
permit and adjacent areas, to prevent material damage to the hydrologic
balance outside the permit area, to assure the protection or replacement
of water rights, and to support approved postmining land uses in
accordance with the terms and conditions of the approved permit and the
performance standards of this part. The regulatory authority may
require additional preventative, remedial, or monitoring measures to
assure that material damage to the hydrologic balance outside the permit
area is prevented. Mining and reclamation practices that minimize water
pollution and changes in flow shall be used in preference to water
treatment.
(b) Ground-water protection. In order to protect the hydrologic
balance, surface mining activities shall be conducted according to the
plan approved under 780.21(h) of this chapter and the following:
(1) Ground-water quality shall be protected by handling earth
materials and runoff in a manner that minimizes acidic, toxic, or other
harmful infiltration to ground-water systems and by managing excavations
and other disturbances to prevent or control the discharge of pollutants
into the ground water.
(2) Ground-water quantity shall be protected by handling earth
materials and runoff in a manner that will restore the approximate
premining recharge capacity of the reclaimed area as a whole, excluding
coal mine waste disposal areas and fills, so as to allow the movement of
water to the ground-water system.
(c) Ground-water monitoring. (1) Ground-water monitoring shall be
conducted according to the ground-water monitoring plan approved under
780.21(i) of this chapter. The regulatory authority may require
additional monitoring when necessary.
(2) Ground-water monitoring data shall be submitted every 3 months to
the regulatory authority or more frequently as prescribed by the
regulatory authority. Monitoring reports shall include analytical
results from each sample taken during the reporting period. When the
analysis of any ground-water sample indicates noncompliance with the
permit conditions, then the operator shall promptly notify the
regulatory authority and immediately take the actions provided for in
773.17(e) and 780.21(h) of this chapter.
(3) Ground-water monitoring shall proceed through mining and continue
during reclamation until bond release. Consistent with the procedures
of 774.13 of this chapter, the regulatory authority may modify the
monitoring requirements, including the parameters covered and the
sampling frequency, if the operator demonstrates, using the monitoring
data obtained under this paragraph, that --
(i) The operation has minimized disturbance to the hydrologic balance
in the permit and adjacent areas and prevented material damage to the
hydrologic balance outside the permit area; water quantity and quality
are suitable to support approved postmining land uses; and the water
rights of other users have been protected or replaced; or
(ii) Monitoring is no longer necessary to achieve the purposes set
forth in the monitoring plan approved under 780.21(i) of this chapter.
(4) Equipment, structures, and other devices used in conjuction with
monitoring the quality and quantity of ground water onsite and offsite
shall be properly installed, maintained, and operated and shall be
removed by the operator when no longer needed.
(d) Surface-water protection. In order to protect the hydrologic
balance, surface mining activities shall be conducted according to the
plan approved under 780.21(h) of this chapter, and the following:
(1) Surface-water quality shall be protected by handling earth
materials, ground-water discharges, and runoff in a manner that
minimizes the formation of acidic or toxic drainage; prevents, to the
extent possible using the best technology currently available,
additional contribution of suspended solids to streamflow outside the
permit area; and otherwise prevents water pollution. If drainage
control, restabilization and revegetation of disturbed areas, diversion
of runoff, mulching, or other reclamation and remedial practices are not
adequate to meet the requirements of this section and 816.42, the
operator shall use and maintain the necessary water-treatment facilities
or water quality controls.
(2) Surface-water quality and flow rates shall be protected by
handling earth materials and runoff in accordance with the steps
outlined in the plan approved under 780.21(h) of this chapter.
(e) Surface-water monitoring. (1) Surface-water monitoring shall be
conducted according to the surface-water monitoring plan approved under
780.21(j) of this chapter. The regulatory authority may require
additional monitoring when necessary.
(2) Surface-water monitoring data shcll be submitted every 3 months
to the regulatory authority or more frequently as prescribed by the
regulatory authority. Monitoring reports shall include analytical
results from each sample taken during the reporting period. When the
analysis of any surface-water sample indicates noncompliance with the
permit conditions, the operator shall promptly notify the regulatory
authority and immediately take the actions provided for in 773.17(e)
and 780.21(h) of this chapter. The reporting requirements of this
paragraph do not exempt the operator from meeting any National Pollutant
Discharge Elimination System (NPDES) reporting requirements.
(3) Surface-water monitoring shall proceed through mining and
continue during reclamation until bond release. Consistent with 774.13
of this chapter, the regulatory authority may modify the monitoring
requirements, except those required by the NPDES permitting authority,
including the parameters covered and sampling frequency if the operator
demonstrates, using the monitoring data obtained under this paragraph,
that --
(i) The operation has minimized disturbance to the hydrologic balance
in the permit and adjacent areas and prevented material damage to the
hydrologic balance outside the permit area; water quantity and quality
are suitable to support approved postmining land uses; and the water
rights of other users have been protected or replaced; or
(ii) Monitoring is no longer necessary to achieve the purposes set
forth in the monitoring plan approved under 780.21(j) of this chapter.
(4) Equipment, structures, and other devices used in conjunction with
monitoring the quality and quantity of surface water onsite and offsite
shall be properly installed, maintained, and operated and shall be
removed by the operator when no longer needed.
(f) Acid- and toxic-forming materials. (1) Drainage from acid- and
toxic-forming materials into surface water and ground water shall be
avoided by --
(i) Identifying and burying and/or treating, when necessary,
materials which may adversely affect water quality, or be detrimental to
vegetation or to public health and safety if not buried and/or treated,
and
(ii) Storing materials in a manner that will protect surface water
and ground water by preventing erosion, the formation of polluted
runoff, and the infiltration of polluted water. Storage shall be
limited to the period until burial and/or treatment first become
feasible, and so long as storage will not result in any risk of water
pollution or other environmental damage.
(2) Storage, burial or treatment practices shall be consistent with
other material handling and disposal provisions of this chapter.
(g) Transfer of wells. Before final release of bond, exploratory or
monitoring wells shall be sealed in a safe and environmentally sound
manner in accordance with 816.13 to 816.15. With the prior approval of
the regulatory authority, wells may be transferred to another party for
further use. At a minimum, the conditions of such transfer shall comply
with State and local law and the permittee shall remain responsible for
the proper management of the well until bond release in accordance with
816.13 to 816.15.
(h) Water rights and replacement. Any person who conducts surface
mining activities shall replace the water supply of an owner of interest
in real property who obtains all or part of his or her supply of water
for domestic, agricultural, industrial, or other legitimate use from an
underground or surface source, where the water supply has been adversely
impacted by contamination, diminution, or interruption proximately
resulting from the surface mining activities. Baseline hydrologic
information required in 780.21 and 780.22 of this chapter shall be
used to determine the extent of the impact of mining upon ground water
and surface water.
(i) Discharges into an underground mine. (1) Discharges into an
underground mine are prohibited, unless specifically approved by the
regulatory authority after a demonstration that the discharge will --
(i) Minimize disturbance to the hydrologic balance on the permit
area, prevent material damage outside the permit area and otherwise
eliminate public hazards resulting from surface mining activities;
(ii) Not result in a violation of applicable water quality standards
or effluent limitations;
(iii) Be at a known rate and quality which shall meet the effluent
limitations of 816.42 for pH and total suspended solids, except that
the pH and total suspended-solids limitations may be exceeded, if
approved by the regulatory authority; and
(iv) Meet with the approval of the Mine Safety and Health
Administration.
(2) Discharges shall be limited to the following:
(i) Water;
(ii) Coal processing waste;
(iii) Fly ash from a coal-fired facility;
(iv) Sludge from an acid-mine-drainage treatment facility;
(v) Flue-gas desulfurization sludge;
(vi) Inert materials used for stabilizing underground mines; and
(vii) Underground mine development wastes.
(48 FR 43990, Sept. 26, 1983)
30 CFR 816.42 Hydrologic balance: Water quality standards and effluent
limitations.
Discharges of water from areas disturbed by surface mining activities
shall be made in compliance with all applicable State and Federal water
quality laws and regulations and with the effluent limitations for coal
mining promulgated by the U.S. Environmental Protection Agency set forth
in 40 CFR part 434.
(47 FR 47222, Oct. 22, 1982, as amended at 48 FR 44051, Sept. 26,
1983)
30 CFR 816.43 Diversions.
(a) General requirements. (1) With the approval of the regulatory
authority, any flow from mined areas abandoned before May 3, 1978, and
any flow from undisturbed areas or reclaimed areas, after meeting the
criteria of 816.46 for siltation structure removal, may be diverted
from disturbed areas by means of temporary or permanent diversions. All
diversions shall be designed to minimize adverse impacts to the
hydrologic balance within the permit and adjacent areas, to prevent
material damage outside the permit area and to assure the safety of the
public. Diversions shall not be used to divert water into underground
mines without approval of the regulatory authority under 816.41(i).
(2) The diversion and its appurtenant structures shall be designed,
located, constructed, maintained and used to --
(i) Be stable;
(ii) Provide protection against flooding and resultant damage to life
and property;
(iii) Prevent, to the extent possible using the best technology
currently available, additional contributions of suspended solids to
streamflow outside the permit area; and
(iv) Comply with all applicable local, State, and Federal laws and
regulations.
(3) Temporary diversions shall be removed promptly when no longer
needed to achieve the purpose for which they were authorized. The land
disturbed by the removal process shall be restored in accordance with
this part. Before diversions are removed, downstream water-treatment
facilities previously protected by the diversion shall be modified or
removed, as necessary, to prevent overtopping or failure of the
facilities. This requirement shall not relieve the operator from
maintaining water-treatment facilities as otherwise required. A
permanent diversion or a stream channel reclaimed after the removal of a
temporary diversion shall be designed and constructed so as to restore
or approximate the premining characteristics of the original stream
channel including the natural riparian vegetation to promote the
recovery and the enhancement of the aquatic habitat.
(4) The regulatory authority may specify design criteria for
diversions to meet the requirements of this section.
(b) Diversion of perennial and intermittent streams. (1) Diversion
of perennial and intermittent streams within the permit area may be
approved by the regulatory authority after making the finding relating
to stream buffer zones that the diversion will not adversely affect the
water quantity and quality and related environmental resources of the
stream.
(2) The design capacity of channels for temporary and permanent
stream channel diversions shall be at least equal to the capacity of the
unmodified stream channel immediately upstream and downstream from the
diversion.
(3) The requirements of paragraph (a)(2)(ii) of this section shall be
met when the temporary and permanent diversions for perennial and
intermittent streams are designed so that the combination of channel,
bank and flood-plain configuration is adequate to pass safely the peak
runoff of a 10-year, 6-hour precipitation event for a temporary
diversion and a 100-year, 6-hour precipitation event for a permanent
diversion.
(4) The design and construction of all stream channel diversions of
perennial and intermittent streams shall be certified by a qualified
registered professional engineer as meeting the performance standards of
this part and any design criteria set by the regulatory authority.
(c) Diversion of miscellaneous flows. (1) Miscellaneous flows, which
consist of all flows except for perennial and intermittent streams, may
be diverted away from disturbed areas if required or approved by the
regulatory authority. Miscellaneous flows shall include ground-water
discharges and ephemeral streams.
(2) The design, location, construction, maintenance, and removal of
diversions of miscellaneous flows shall meet all of the performance
standards set forth in paragraph (a) of this section:
(3) The requirements of paragraph (a)(2)(ii) of this section shall be
met when the temporary and permanent diversions for miscellaneous flows
are designed so that the combination of channel, bank and flood-plain
configuration is adequate to pass safely the peak runoff of a 2-year,
6-hour precipitation event for a temporary diversion and a 10-year,
6-hour precipitation event for a permanent diversion.
(48 FR 43991, Sept. 26, 1983)
30 CFR 816.45 Hydrologic balance: Sediment control measures.
(a) Appropriate sediment control measures shall be designed,
constructed, and maintained using the best technology currently
available to:
(1) Prevent, to the extent possible, additional contributions of
sediment to streamflow or to runoff outside the permit area,
(2) Meet the more stringent of applicable State or Federal effluent
limitations,
(3) Minimize erosion to the extent possible.
(b) Sediment control measures include practices carried out within
and adjacent to the disturbed area. The sedimentation storage capacity
of practices in and downstream from the disturbed area shall reflect the
degree to which successful mining and reclamation techniques are applied
to reduce erosion and control sediment. Sediment control measures
consist of the utilization of proper mining and reclamation methods and
sediment control practices, singly or in combination. Sediment control
methods include but are not limited to --
(1) Disturbing the smallest practicable area at any one time during
the mining operation through progressive backfilling, grading, and
prompt revegetation as required in 816.111(b);
(2) Stabilizing the backfill material to promote a reduction in the
rate and volume of runoff, in accordance with the requirements of
816.102;
(3) Retaining sediment within disturbed areas;
(4) Diverting runoff away from disturbed areas;
(5) Diverting runoff using protected channels or pipes through
disturbed areas so as not to cause additional erosion;
(6) Using straw dikes, riprap, check dams, mulches, vegetative
sediment filters, dugout ponds, and other measures that reduce overland
flow velocity, reduce runoff volume, or trap sediment; and
(7) Treating with chemicals.
(44 FR 15395, Mar. 13, 1979, as amended at 48 FR 44780, Sept. 30,
1983)
30 CFR 816.46 Hydrologic balance: Siltation structures.
(a) Definitions. For the purposes of this section only:
(1) Siltation structure means a sedimentation pond, a series of
sedimentation ponds, or other treatment facility.
(2) Disturbed area shall not include those areas --
(i) In which the only surface mining activities include diversion
ditches, siltation structures, or roads that are designed, constructed
and maintained in accordance with this part; and
(ii) For which the upstream area is not otherwise disturbed by the
operator.
(3) Other treatment facilities means any chemical treatments, such as
flocculation, or mechanical structures, such as clarifiers, that have a
point-source discharge and that are utilized to prevent additional
contribution of suspended solids to streamflow or runoff outside the
permit area.
(b) General requirements. (1) Additional contributions of suspended
solids sediment to streamflow or runoff outside the permit area shall be
prevented to the extent possible using the best technology currently
available.
(2) All surface drainage from the disturbed area shall be passed
through a siltation structure before leaving the permit area, except as
provided in paragraph (b)(5) or (e) of this section.
(3) Siltation structures for an area shall be constructed before
beginning any surface mining activities in that area, and upon
construction shall be certified by a qualified registered professional
engineer, or in any State which authorizes land surveyors to prepare and
certify plans in accordance with 780.25(a) of this chapter a qualified
registered professional land surveyor, to be constructed as designed and
as approved in the reclamation plan.
(4) Any siltation structure which impounds water shall be designed,
constructed and maintained in accordance with 816.49 of this chapter.
(5) Siltation structures shall be maintained until removal is
authorized by the regulatory authority and the disturbed area has been
stabilized and revegetated. In no case shall the structure be removed
sooner than 2 years after the last augmented seeding.
(6) When siltation structure is removed, the land on which the
siltation structure was located shall be regraded and revegetated in
accordance with the reclamation plan and 816.111 through 816.116 of
this chapter. Sedimentation ponds approved by the regulatory authority
for retention as permanent impoundments may be exempted from this
requirement.
(c) Sedimentation ponds. (1) When used, sedimentation ponds shall --
(i) Be used individually or in series;
(ii) Be located as near as possible to the disturbed area and out of
perennial streams unless approved by the regulatory authority, and
(iii) Be designed, constructed, and maintained to --
(A) Provide adequate sediment storage volume;
(B) Provide adequate detention time to allow the effluent from the
ponds to meet State and Federal effluent limitations;
(C) Contain or treat the 10-year, 24-hour precipitation event
(''design event'') unless a lesser design event is approved by the
regulatory authority based on terrain, climate, other site-specific
conditions and on a demonstration by the operator that the effluent
limitations of 816.42 will be met;
(D) Provide a nonclogging dewatering device adequate to maintain the
detention time required under paragraph (c)(1)(iii)(B) of this section;
(E) Minimize, to the extent possible, short circuiting;
(F) Provide periodic sediment removal sufficient to maintain adequate
volume for the design event;
(G) Ensure against excessive settlement;
(H) Be free of sod, large roots, frozen soil, and acid- or
toxic-forming coal-processing waste; and
(I) Be compacted properly.
(2) Spillways. A sedimentation pond shall include either a
combination of principal and emergency spillways or a single spillway
configured as specified in paragraph (c)(2)(i) of this section, designed
and constructed to safely pass the applicable design precipitation event
specified in paragraph (c)(2)(ii) of this section, except as set forth
in paragraph (c)(2)(iii) of this section.
(i) The regulatory authority may approve a single open-channel
spillway that is:
(A) Of nonerodible construction and designed to carry sustained
flows; or
(B) Earth- or grass-lined and designed to carry short-term infrequent
flows at non-erosive velocities where sustained flows are not expected.
(ii) Except as specified in paragraph (c)(2)(iii) of this section,
the required design precipitation event for a sedimentation pond meeting
the spillway requirements of paragraph (c)(2) of this section is:
(A) For a sedimentation pond meeting the size or other criteria of
77.216(a) of this title, a 100-year 6-hour event, or greater event as
specified by the regulatory authority.
(B) For a sedimentation pond not meeting the size or other criteria
of 77.216(a) of this title, a 25-year 6-hour event, or greater event as
specified by the regulatory authority.
(iii) In lieu of meeting the requirements in paragraph (c)(2)(i) of
this section, the regulatory authority may approve a sedimentation pond
that relies primarily on storage to control the runoff from the design
precipitation event when it is demonstrated by the operator and
certified by a qualified registered professional engineer or qualified
registered professional land surveyor in accordance with 780.25(a) of
this chapter that the sedimentation pond will safely control the design
precipitation event, the water from which shall be safely removed in
accordance with current, prudent, engineering practices. Such a
sedimentation pond shall be located where failure would not be expected
to cause loss of life or serious property damage, except where:
(A) In the case of a sedimentation pond meeting the size or other
criteria of 77.216(a) of this title, it is designed to control the
precipitation of the probable maximum precipitation of a 6-hour event,
or greater event as specified by the regulatory authority; or
(B) In the case of a sedimentation pond not meeting the size or other
criteria of 77.216(a) of this title, it is designed to control the
precipitation of a 100-year 6-hour event, or greater event as specified
by the regulatory authority.
(d) Other treatment facilities. (1) Other treatment facilities shall
be designed to treat the 10-year, 24-hour precipitation event unless a
lesser design event is approved by the regulatory authority based on
terrain, climate, other site-specific conditions and a demonstration by
the operator that the effluent limitations of 816.42 will be met.
(2) Other treatment facilities shall be designed in accordance with
the applicable requirements of paragraph (c) of this section.
(e) Exemptions. Exemptions to the requirements of this section may
be granted if --
(1) The disturbed drainage area within the total disturbed area is
small; and
(2) The operator demonstrates that siltation structures and alternate
sediment control measures are not necessary for drainage from the
disturbed area to meet the effluent limitations under 816.42 and the
applicable State and Federal water quality standards for the receiving
waters.
(48 FR 44051, Sept. 26, 1983, as amended at 53 FR 43605, Oct. 27,
1988)
Editorial Note: At 51 FR 41961, Nov. 20, 1986, paragraph (b)(2) of
816.46 was suspended.
30 CFR 816.47 Hydrologic balance: Discharge structures.
Discharge from sedimentation ponds, permanent and temporary
impoundments, coal processing waste dams and embankments, and diversions
shall be controlled, by energy dissipators, riprap channels, and other
devices, where necessary, to reduce erosion, to prevent deepening or
enlargement of stream channels, and to minimize disturbance of the
hydrologic balance. Discharge structures shall be designed according to
standard engineering-design procedures.
30 CFR 816.49 Impoundments.
(a) General requirements. The requirements of this paragraph apply
to both temporary and permanent impoundments.
(1) An impoundment meeting the size or other criteria of 77.216(a)
of this title shall comply with the requirements of 77.216 of this
title and this section.
(2) Design certification. The design of impoundments shall be
certified in accordance with 780.25(a) of this chapter as designed to
meet the requirements of this part using current, prudent, engineering
practices and any design criteria established by the regulatory
authority. The qualified, registered, professional engineer or
qualified, registered, professional, land surveyor shall be experienced
in the design and construction of impoundments.
(3) Stability. (i) An impoundment meeting the size or other criteria
of 77.216(a) of this title or located where failure would be expected
to cause loss of life or serious property damage shall have a minimum
static safety factor of 1.5 for a normal pool with steady state seepage
saturation conditions, and a seismic safety factor of at least 1.2.
(ii) Impoundments not meeting the size or other criteria of
77.216(a) of this title, except for a coal mine waste impounding
structure, and located where failure would not be expected to cause loss
of life or serious property damage shall have a minimum static safety
factor of 1.3 for a normal pool with steady state seepage saturation
conditions or meet the requirements of 780.25(c)(3).
(4) Freeboard. Impoundments shall have adequate freeboard to resist
overtopping by waves and by sudden increases in storage volume.
(5) Foundation. (i) Foundations and abutments for an impounding
structure shall be stable during all phases of construction and
operation and shall be designed based on adequate and accurate
information on the foundation conditions. For an impoundment meeting
the size or other criteria of 77.216(a) of this title, foundation
investigation, as well as any necessary laboratory testing of foundation
material, shall be performed to determine the design requirements for
foundation stability.
(ii) All vegetative and organic materials shall be removed and
foundations excavated and prepared to resist failure. Cutoff trenches
shall be installed if necessary to ensure stability.
(6) Slope protection shall be provided to protect against surface
erosion at the site and protect against sudden drawdown.
(7) Faces of embankments and surrounding areas shall be vegetated,
except that faces where water is impounded may be riprapped or otherwise
stabilized in accordance with accepted design practices.
(8) Spillways. An impoundment shall include either a combination of
principal and emergency spillways or a single spillway configured as
specified in paragraph (a)(8)(i) of this section, designed and
constructed to safely pass the applicable design precipitation event
specified in paragraph (a)(8)(ii) of this section, except as set forth
in paragraph (c)(2) of this section.
(i) The regulatory authority may approve a single open-channel
spillway that is:
(A) Of nonerodible construction and designed to carry sustained
flows; or
(B) Earth- or grass-lined and designed to carry short-term,
infrequent flows at non-erosive velocities where sustained flows are not
expected.
(ii) Except as specified in paragraph (c)(2) of this section, the
required design precipitation event for an impoundment meeting the
spillway requirements of paragraph (a)(8) of this section is:
(A) For an impoundment meeting the size or other criteria of
77.216(a) of this title, a 100-year 6-hour event, or greater event as
specified by the regulatory authority.
(B) For an impoundment not meeting the size or other criteria of
77.216(a) of this title, a 25-year 6-hour event, or greater event as
specified by the regulatory authority.
(9) The vertical portion of any remaining highwall shall be located
far enough below the low-water line along the full extent of highwall to
provide adequate safety and access for the proposed water users.
(10) Inspections. Except as provided in paragraph (a)(10)(iv) of
this section, a qualified registered professional engineer or other
qualified professional specialist under the direction of a professional
engineer, shall inspect each impoundment as provided in paragraph
(a)(10)(i) of this section. The professional engineer or specialist
shall be experienced in the construction of impoundments.
(i) Inspections shall be made regularly during construction, upon
completion of construction, and at least yearly until removal of the
structure or release of the performance bond.
(ii) The qualified registered professional engineer, or qualified
registered professional land surveyor as specified in paragraph
(a)(10)(iv) of this section, shall promptly after each inspection
required in paragraph (a)(10)(i) of this section provide to the
regulatory authority a certified report that the impoundment has been
constructed and/or maintained as designed and in accordance with the
approved plan and this chapter. The report shall include discussion of
any appearance of instability, structural weakness or other hazardous
condition, depth and elevation of any impounded waters, existing storage
capacity, any existing or required monitoring procedures and
instrumentation, and any other aspects of the structure affecting
stability.
(iii) A copy of the report shall be retained at or near the minesite.
(iv) In any State which authorizes land surveyors to prepare and
certify plans in accordance with 780.25(a) of this chapter, a qualified
registered professional land surveyor may inspect any temporary or
permanent impoundment that does not meet the size or other criteria of
77.216(a) of this title and certify and submit the report required by
paragraph (a)(10)(ii) of this section, except that all coal mine waste
impounding structures covered by 816.84 of this chapter shall be
certified by a qualifed registered professional engineer. The
professional land surveyor shall be experienced in the construction of
impoundments.
(11) Impoundments subject to 77.216 of this title must be examined
in accordance with 77.216-3 of this title. Other impoundments shall be
examined at least quarterly by a qualified person designated by the
operator for appearance of structural weakness and other hazardous
conditions.
(12) Emergency procedures. If any examination or inspection
discloses that a potential hazard exists, the person who examined the
impoundment shall promptly inform the regulatory authority of the
finding and of the emergency procedures formulated for public protection
and remedial action. If adequate procedures cannot be formulated or
implemented, the regulatory authority shall be notified immediately.
The regulatory authority shall then notify the appropriate agencies that
other emergency procedures are required to protect the public.
(b) Permanent impoundments. A permanent impoundment of water may be
created, if authorized by the regulatory authority in the approved
permit based upon the following demonstration:
(1) The size and configuration of such impoundment will be adequate
for its intended purposes.
(2) The quality of impounded water will be suitable on a permanent
basis for its intended use and, after reclamation, will meet applicable
State and Federal water quality standards, and discharges from the
impoundment will meet applicable effluent limitations and will not
degrade the quality of receiving water below applicable State and
Federal water quality standards.
(3) The water level will be sufficiently stable and be capable of
supporting the intended use.
(4) Final grading will provide for adequate safety and access for
proposed water users.
(5) The impoundment will not result in the diminution of the quality
and quantity of water utilized by adjacent or surrounding landowners for
agricultural, industrial, recreational, or domestic uses.
(6) The impoundment will be suitable for the approved postmining land
use.
(c) Temporary impoundments. (1) The regulatory authority may
authorize the construction of temporary impoundments as part of a
surface coal mining operation.
(2) In lieu of meeting the requirements in paragraph (a)(8)(i) of
this section, the regulatory authority may approve an impoundment that
relies primarily on storage to control the runoff from the design
precipitation event when it is demonstrated by the operator and
certified by a qualified registered professional engineer or qualified
registered professional land surveyor in accordance with 780.25(a) of
this chapter that the impoundment will safely control the design
precipitation event, the water from which shall be safely removed in
accordance with current, prudent, engineering practices. Such an
impoundment shall be located where failure would not be expected to
cause loss of life or serious property damage, except where:
(i) In the case of an impoundment meeting the size or other criteria
of 77.216(a) of this title, it is designed to control the precipitation
of the probable maximum precipitation of a 6-hour event, or greater
event as specified by the regulatory authority; or
(ii) In the case of an impoundment not meeting the size or other
criteria of 77.216(a) of this title, it is designed to control the
precipitation of a 100-year 6-hour event, or greater event as specified
by the regulatory authority.
(48 FR 44004, Sept. 26, 1983, as amended at 50 FR 16200, Apr. 24,
1985; 53 FR 43605, Oct. 27, 1988)
Editorial Note: At 53 FR 43605, Oct. 27, 1988, paragraph
(a)(10)(iv) of 816.49 was revised, however paragraph (a)(10)(iv) did
not exist in the 1988 edition of this volume.
30 CFR 816.56 Postmining rehabilitation of sedimentation ponds,
diversions, impoundments, and treatment facilities.
Before abandoning a permit area or seeking bond release, the operator
shall ensure that all temporary structures are removed and reclaimed,
and that all permanent sedimentation ponds, diversions, impoundments,
and treatment facilities meet the requirements of this chapter for
permanent structures, have been maintained properly, and meet the
requirements of the approved reclamation plan for permanent structures
and impoundments. The operator shall renovate such structures if
necessary to meet the requirements of this chapter and to conform to the
approved reclamation plan.
(48 FR 44005, Sept. 26, 1983)
30 CFR 816.57 Hydrologic balance: Stream buffer zones.
(a) No land within 100 feet of a perennial stream or an intermittent
stream shall be disturbed by surface mining activities, unless the
regulatory authority specifically authorizes surface mining activities
closer to, or through, such a stream. The regulatory authority may
authorize such activities only upon finding that --
(1) Surface mining activities will not cause or contribute to the
violation of applicable State or Federal water quality standards, and
will not adversely affect the water quantity and quality or other
environmental resources of the stream; and
(2) If there will be a temporary or permanent stream-channel
diversion, it will comply with 816.43.
(b) The area not to be disturbed shall be designated as a buffer
zone, and the operator shall mark it as specified in 816.11.
(48 FR 30327, June 30, 1983)
30 CFR 816.59 Coal recovery.
Surface mining activities shall be conducted so as to maximize the
utilization and conservation of the coal, while utilizing the best
appropriate technology currently available to maintain environmental
integrity, so that reaffecting the land in the future through surface
coal mining operations is minimized.
30 CFR 816.61 Use of explosives: General requirements.
(a) Each operator shall comply with all applicable State and Federal
laws and regulations in the use of explosives.
(b) Blasts that use more than 5 pounds of explosive or blasting agent
shall be conducted according to the schedule required under 816.64.
(c) Blasters. (1) No later than 12 months after the blaster
certification program for a State required by part 850 of this chapter
has been approved under the procedures of subchapter C of this chapter,
all blasting operations in that State shall be conducted under the
direction of a certified blaster. Before that time, all such blasting
operations in that State shall be conducted by competent, experienced
persons who understand the hazards involved.
(2) Certificates of blaster certification shall be carried by
blasters or shall be on file at the permit area during blasting
operations.
(3) A blaster and at least one other person shall be present at the
firing of a blast.
(4) Any blaster who is responsible for conducting blasting operations
at a blasting site shall:
(i) Be familiar with the blasting plan and site-specific performance
standards; and
(ii) Give direction and on-the-job training to persons who are not
certified and who are assigned to the blasting crew or assist in the use
of explosives.
(d) Blast design. (1) An anticipated blast design shall be submitted
if blasting operations will be conducted within --
(i) 1,000 feet of any building used as a dwelling, public building,
school, church, or community or institutional building outside the
permit area; or
(ii) 500 feet of an active or abandoned underground mine.
(2) The blast design may be presented as part of a permit application
or at a time, before the blast, approved by the regulatory authority.
(3) The blast design shall contain sketches of the drill patterns,
delay periods, and decking and shall indicate the type and amount of
explosives to be used, critical dimensions, and the location and general
description of structures to be protected, as well as a discussion of
design factors to be used, which protect the pubic and meet the
applicable airblast, flyrock, and ground-vibration standards in 816.67.
(4) The blast design shall be prepared and signed by a certified
blaster.
(5) The regulatory authority may require changes to the design
submitted.
(48 FR 9492, Mar. 4, 1983, and 48 FR 9806, Mar. 8, 1983, as amended
at 51 FR 19461, May 29, 1986)
30 CFR 816.62 Use of explosives: Preblasting survey.
(a) At least 30 days before initiation of blasting, the operator
shall notify, in writing, all residents or owners of dwellings or other
structures located within 1/2 mile of the permit area how to request a
preblasting survey.
(b) A resident or owner of a dwelling or structure within 1/2 mile of
any part of the permit area may request a preblasting survey. This
request shall be made, in writing, directly to the operator or to the
regulatory authority, who shall promptly notify the operator. The
operator shall promptly conduct a preblasting survey of the dwelling or
structure and promptly prepare a written report of the survey. An
updated survey of any additions, modifications, or renovations shall be
performed by the operator if requested by the resident or owner.
(c) The operator shall determine the condition of the dwelling or
structure and shall document any preblasting damage and other physical
factors that could reasonably be affected by the blasting. Structures
such as pipelines, cables, transmission lines, and cisterns, wells, and
other water systems warrant special attention; however, the assessment
of these structures may be limited to surface conditions and other
readily available data.
(d) The written report of the survey shall be signed by the person
who conducted the survey. Copies of the report shall be promptly
provided to the regulatory authority and to the person requesting the
survey. If the person requesting the survey disagrees with the contents
and/or recommendations contained therein, he or she may submit to both
the operator and the regulatory authority a detailed description of the
specific areas of disagreement.
(e) Any surveys requested more than 10 days before the planned
initiation of blasting shall be completed by the operator before the
initiation of blasting.
(48 FR 9807, Mar. 8, 1983)
30 CFR 816.64 Use of explosives: Blasting schedule.
(a) General requirements. (1) The operator shall conduct blasting
operations at times approved by the regulatory authority and announced
in the blasting schedule. The regulatory authority may limit the area
covered, timing, and sequence of blasting as listed in the schedule, if
such limitations are necessary and reasonable in order to protect the
public health and safety or welfare.
(2) All blasting shall be conducted between sunrise and sunset,
unless nighttime blasting is approved by the regulatory authority based
upon a showing by the operator that the public will be protected from
adverse noise and other impacts. The regulatory authority may specify
more restrictive time periods for blasting.
(3) Unscheduled blasts may be conducted only where public or operator
health and safety so require and for emergency blasting actions. When
an operator conducts an unscheduled blast, the operator, using audible
signals, shall notify residents within 1/2 mile of the blasting site and
document the reason for the unscheduled blast in accordance with
816.68(p).
(b) Blasting schedule publication and distribution. (1) The operator
shall publish the blasting schedule in a newspaper of general
circulation in the locality of the blasting site at least 10 days, but
not more than 30 days, before beginning a blasting program.
(2) The operator shall distribute copies of the schedule to local
governments and public utilities and to each local residence within 1/2
mile of the proposed blasting site described in the schedule.
(3) The operator shall republish and redistribute the schedule at
least every 12 months and revise and republish the schedule at least 10
days, but not more than 30 days, before blasting whenever the area
covered by the schedule changes or actual time periods for blasting
significantly differ from the prior announcement.
(c) Blasting schedule contents. The blasting schedule shall contain,
at a minimum --
(1) Name, address, and telephone number of operator;
(2) Identification of the specific areas in which blasting will take
place;
(3) Dates and time periods when explosives are to be detonated;
(4) Methods to be used to control access to the blasting area; and
(5) Type and patterns of audible warning and all-clear signals to be
used before and after blasting.
(48 FR 9807, Mar. 8, 1983)
30 CFR 816.66 Use of explosives: Blasting signs, warnings, and access
control.
(a) Blasting signs. Blasting signs shall meet the specifications of
816.11. The operator shall --
(1) Conspicuously place signs reading ''Blasting Area'' along the
edge of any blasting area that comes within 100 feet of any public road
right-of-way, and at the point where any other road provides access to
the blasting area; and
(2) At all entrances to the permit area from public roads or
highways, place conspicuous signs which state ''Warning! Explosives in
Use,'' which clearly list and describe the meaning of the audible blast
warning and all-clear signals that are in use, and which explain the
marking of blasting areas and charged holes awaiting firing within the
permit area.
(b) Warnings. Warning and all-clear signals of different character
or pattern that are audible within a range of 1/2 mile from the point of
the blast shall be given. Each person within the permit area and each
person who resides or regularly works within 1/2 mile of the permit area
shall be notified of the meaning of the signals in the blasting
schedule.
(c) Access control. Access within the blasting area shall be
controlled to prevent presence of livestock or unauthorized persons
during blasting and until an authorized representative of the operator
has reasonably determined that --
(1) No unusual hazards, such as imminent slides or undetonated
charges, exist; and
(2) Access to and travel within the blasting area can be safely
resumed.
(48 FR 9807, Mar. 8, 1983)
30 CFR 816.67 Use of explosives: Control of adverse effects.
(a) General requirements. Blasting shall be conducted to prevent
injury to persons, damage to public or private property outside the
permit area, adverse impacts on any underground mine, and change in the
course, channel, or availability of surface or ground water outside the
permit area.
(b) Airblast -- (1) Limits. (i) Airblast shall not exceed the
maximum limits listed below at the location of any dwelling, public
building, school, church, or community or institutional building outside
the permit area, except as provided in paragraph (e) of this section.
(ii) If necessary to prevent damage, the regulatory authority shall
specify lower maximum allowable airblast levels than those of paragraph
(b)(1)(i) of this section for use in the vicinity of a specific blasting
operation.
(2) Monitoring. (i) The operator shall conduct periodic monitoring
to ensure compliance with the airblast standards. The regulatory
authority may require airblast measurement of any or all blasts and may
specify the locations at which such measurements are taken.
(ii) The measuring systems shall have an upper-end flat-frequency
response of at least 200 Hz.
(c) Flyrock. Flyrock travelling in the air or along the ground shall
not be cast from the blasting site --
(1) More than one-half the distance to the nearest dwelling or other
occupied structure;
(2) Beyond the area of control required under 816.66(c); or
(3) Beyond the permit boundary.
(d) Ground vibration -- (1) General. In all blasting operations,
except as otherwise authorized in paragraph (e) of this section, the
maximum ground vibration shall not exceed the values approved in the
blasting plan required under 780.13 of this chapter. The maximum
ground vibration for protected structures listed in paragraph (d)(2)(i)
of this section shall be established in accordance with either the
maximum peak-particle-velocity limits of paragraph (d)(2), the
scaled-distance equation of paragraph (d)(3), the blasting-level chart
of paragraph (d)(4) of this section, or by the regulatory authority
under paragraph (d)(5) of this section. All structures in the vicinity
of the blasting area, not listed in paragraph (d)(2)(i) of this section,
such as water towers, pipelines and other utilities, tunnels, dams,
impoundments, and underground mines, shall be protected from damage by
establishment of a maximum allowable limit on the ground vibration,
submitted by the operator in the blasting plan and approved by the
regulatory authority.
(2) Maximum peak particle velocity. (i) The maximum ground vibration
shall not exceed the following limits at the location of any dwelling,
public building, school, church, or community or institutional building
outside the permit area:
(ii) A seismographic record shall be provided for each blast.
(3) Scale-distance equation. (i) An operator may use the
scaled-distance equation, W=(D/Ds) /2/ , to determine the allowable
charge weight of explosives to be detonated in any 8-millisecond period,
without seismic monitoring; where W=the maximum weight of explosives,
in pounds; D=the distance, in feet, from the blasting site to the
nearest protected structure; and Ds=the scaled-distance factor, which
may initially be approved by the regulatory authority using the values
for scaled-distance factor listed in paragraph (d)(2)(i) of this
section.
(ii) The development of a modified scaled-distance factor may be
authorized by the regulatory authority on receipt of a written request
by the operator, supported by seismographic records of blasting at the
minesite. The modified scale-distance factor shall be determined such
that the particle velocity of the predicted ground vibration will not
exceed the prescribed maximum allowable peak particle velocity of
paragraph (d)(2)(i) of this section, at a 95-percent confidence level.
(4) Blasting-level chart. (i) An operator may use the
ground-vibration limits in Figure 1 to determine the maximum allowable
ground vibration.
Insert Illus. 369A
(ii) If the Figure 1 limits are used, a seismographic record
including both particle velocity and vibration-frequency levels shall be
provided for each blast. The method for the analysis of the predominant
frequency contained in the blasting records shall be approved by the
regulatory authority before application of this alternative blasting
criterion.
(5) The maximum allowable ground vibration shall be reduced by the
regulatory authority beyond the limits otherwise provided by this
section, if determined necessary to provide damage protection.
(6) The regulatory authority may require an operator to conduct
seismic monitoring of any or all blasts or may specify the location at
which the measurements are taken and the degree of detail necessary in
the measurement.
(e) The maximum airblast and ground-vibration standards of paragraphs
(b) and (d) of this section shall not apply at the following locations:
(1) At structures owned by the permittee and not leased to another
person.
(2) At structures owned by the permittee and leased to another
person, if a written waiver by the lessee is submitted to the regulatory
authority before blasting.
(48 FR 9807, Mar. 8, 1983, as amended at 48 FR 44780, Sept. 30, 1983)
30 CFR 816.68 Use of explosives: Records of blasting operations.
The operator shall retain a record of all blasts for at least 3
years. Upon request, copies of these records shall be made available to
the regulatory authority and to the public for inspection. Such records
shall contain the following data:
(a) Name of the operator conducting the blast.
(b) Location, date, and time of the blast.
(c) Name, signature, and certification number of the blaster
conducting the blast.
(d) Identification, direction, and distance, in feet, from the
nearest blast hole to the nearest dwelling, public building, school,
church, community or institutional building outside the permit area,
except those described in 816.67(e).
(e) Weather conditions, including those which may cause possible
adverse blasting effects.
(f) Type of material blasted.
(g) Sketches of the blast pattern including number of holes, burden,
spacing, decks, and delay pattern.
(h) Diameter and depth of holes.
(i) Types of explosives used.
(j) Total weight of explosives used per hole.
(k) The maximum weight of explosives detonated in an 8-millisecond
period.
(l) Initiation system.
(m) Type and length of stemming.
(n) Mats or other protections used.
(o) Seismographic and airblast records, if required, which shall
include --
(1) Type of instrument, sensitivity, and calibration signal or
certification of annual calibration;
(2) Exact location of instrument and the date, time, and distance
from the blast;
(3) Name of the person and firm taking the reading;
(4) Name of the person and firm analyzing the seismographic record;
and
(5) The vibration and/or airblast level recorded.
(p) Reasons and conditions for each unscheduled blast.
(48 FR 9809, Mar. 8, 1983, as amended at 52 FR 29181, Aug. 6, 1987)
30 CFR 816.71 Disposal of excess spoil: General requirements.
(a) General. Excess spoil shall be placed in designated disposal
areas within the permit area, in a controlled manner to --
(1) Minimize the adverse effects of leachate and surface water runoff
from the fill on surface and ground waters;
(2) Ensure mass stability and prevent mass movement during and after
construction; and
(3) Ensure that the final fill is suitable for reclamation and
revegetation compatible with the natural surroundings and the approved
postmining land use.
(b) Design certification. (1) The fill and appurtenant structures
shall be designed using current, prudent engineering practices and shall
meet any design criteria established by the regulatory authority. A
qualified registered professional engineer experienced in the design of
earth and rock fills shall certify the design of the fill and
appurtenant structures.
(2) The fill shall be designed to attain a minimum long-term static
safety factor of 1.5. The foundation and abutments of the fill must be
stable under all conditions of construction.
(c) Location. The disposal area shall be located on the most
moderately sloping and naturally stable areas available, as approved by
the regulatory authority, and shall be placed, where possible, upon or
above a natural terrace, bench, or berm, if such placement provides
additional stability and prevents mass movement.
(d) Foundation. (1) Sufficient foundation investigations, as well as
any necessary laboratory testing of foundation material, shall be
performed in order to determine the design requirements for foundation
stability. The analyses of foundation conditions shall take into
consideration the effect of underground mine workings, if any, upon the
stability of the fill and appurtenant structures.
(2) Where the slope in the disposal area is in excess of 2.8h:1v (36
percent), or such lesser slope as may be designated by the regulatory
authority based on local conditions, keyway cuts (excavations to stable
bedrock) or rock toe buttresses shall be constructed to ensure stability
of the fill. Where the toe of the spoil rests on a downslope, stability
analyses shall be performed in accordance with 780.35(c) of this
chapter to determine the size of rock toe buttresses and keyway cuts.
(e) Placement of excess spoil. (1) All vegetative and organic
materials shall be removed from the disposal area prior to placement of
the excess spoil. Topsoil shall be removed, segregated and stored or
redistributed in accordance with 816.22. If approved by the regulatory
authority, organic material may be used as mulch or may be included in
the topsoil to control erosion, promote growth of vegetation or increase
the moisture retention of the soil.
(2) Excess spoil shall be transported and placed in a controlled
manner in horizontal lifts not exceeding 4 feet in thickness;
concurrently compacted as necessary to ensure mass stability and to
prevent mass movement during and after construction; graded so that
surface and subsurface drainage is compatible with the natural
surroundings; and covered with topsoil or substitute material in
accordance with 816.22 of this chapter. The regulatory authority may
approve a design which incorporates placement of excess spoil in
horizontal lifts other than 4 feet in thickness when it is demonstrated
by the operator and certified by a qualified registered professional
engineer that the design will ensure the stability of the fill and will
meet all other applicable requirements.
(3) The final configuration of the fill shall be suitable for the
approved postmining land use. Terraces may be constructed on the
outslope of the fill if required for stability, control of erosion, to
conserve soil moisture, or to facilitate the approved postmining land
use. The grade of the outslope between terrace benches shall not be
steeper than 2h: 1v (50 percent).
(4) No permanent impoundments are allowed on the completed fill.
Small depressions may be allowed by the regulatory authority if they are
needed to retain moisture, minimize erosion, create and enhance wildlife
habitat, or assist revegetation; and if they are not incompatible with
the stability of the fill.
(5) Excess spoil that is acid- or toxic-forming or combustible shall
be adequately covered with nonacid, nontoxic and noncombustible
material, or treated, to control the impact on surface and ground water
in accordance with 816.41, to prevent sustained combustion, and to
minimize adverse effects on plant growth and the approved postmining
land use.
(f) Drainage control. (1) If the disposal area contains springs,
natural or manmade water courses, or wet weather seeps, the fill design
shall include diversions and underdrains as necessary to control
erosion, prevent water infiltration into the fill, and ensure stability.
(2) Diversions shall comply with the requirements of 816.43.
(3) Underdrains shall consist of durable rock or pipe, be designed
and constructed using current, prudent engineering practices and meet
any design criteria established by the regulatory authority. The
underdrain system shall be designed to carry the anticipated seepage of
water due to rainfall away from the excess spoil fill and from seeps and
springs in the foundation of the disposal area and shall be protected
from piping and contamination by an adequate filter. Rock underdrains
shall be constructed of durable, nonacid-,nontoxic-forming rock (e.g.,
natural sand and gravel, sandstone, limestone, or other durable rock)
that does not slake in water or degrade to soil material, and which is
free of coal, clay or other nondurable material. Perforated pipe
underdrains shall be corrosion resistant and shall have characteristics
consistent with the long-term life of the fill.
(g) Surface area stabilization. Slope protection shall be provided
to minimize surface erosion at the site. All disturbed areas, including
diversion channels that are not riprapped or otherwise protected, shall
be revegetated upon completion of construction.
(h) Inspections. A qualified registered professional engineer, or
other qualified professional specialist under the direction of the
professional engineer, shall periodically inspect the fill during
construction. The professional engineer or specialist shall be
experienced in the construction of earth and rock fills.
(1) Such inspections shall be made at least quarterly throughout
construction and during critical construction periods. Critical
construction periods shall include at a minimum:
(i) Foundation preparation, including the removal of all organic
material and topsoil; (ii) placement of underdrains and protective
filter systems; (iii) installation of final surface drainage systems;
and (iv) the final graded and revegetated fill. Regular inspections by
the engineer or specialist shall also be conducted during placement and
compaction of fill materials.
(2) The qualified registered professional engineer shall provide a
certified report to the regulatory authority promptly after each
inspection that the fill has been constructed and maintained as designed
and in accordance with the approved plan and this chapter. The report
shall include appearances of instability, structural weakness, and other
hazardous conditions.
(3) (i) The certified report on the drainage system and protective
filters shall include color photographs taken during and after
construction, but before underdrains are covered with excess spoil. If
the underdrain system is constructed in phases, each phase shall be
certified separately.
(ii) Where excess durable rock spoil is placed in single or multiple
lifts such that the underdrain system is constructed simultaneously with
excess spoil placement by the natural segregation of dumped materials,
in accordance with 816.73, color photographs shall be taken of the
underdrain as the underdrain system is being formed.
(iii) The photographs accompanying each certified report shall be
taken in adequate size and number with enough terrain or other physical
features of the site shown to provide a relative scale to the
photographs and to specifically and clearly identify the site.
(4) A copy of each inspection report shall be retained at or near the
mine site.
(i) Coal mine waste. Coal mine waste may be disposed of in excess
spoil fills if approved by the regulatory authority and, if such waste
is --
(1) Placed in accordance with 816.83;
(2) Nontoxic and nonacid forming; and
(3) Of the proper characteristics to be consistent with the design
stability of the fill.
(j) Underground disposal. Excess spoil may be disposed of in
underground mine workings, but only in accordance with a plan approved
by the regulatory authority and MSHA under 784.25 of this chapter.
(48 FR 32925, July 19, 1983, as amended at 48 FR 44780, Sept. 30,
1983)
30 CFR 816.72 Disposal of excess spoil: Valley fills/head-of-hollow
fills.
Valley fills and head-of-hollow fills shall meet the requirements of
816.71 and the additional requirements of this section.
(a) Drainage control. (1) The top surface of the completed fill
shall be graded such that the final slope after settlement will be
toward properly designed drainage channels. Uncontrolled surface
drainage may not be directed over the outslope of the fill.
(2) Runoff from areas above the fill and runoff from the surface of
the fill shall be diverted into stabilized diversion channels designed
to meet the requirements of 816.43 and, in addition, to safely pass the
runoff from a 100-year, 6-hour precipitation event.
(b) Rock-core chimney drains. A rock-core chimney drain may be used
in a head-of-hollow fill, instead of the underdrain and surface
diversion system normally required, as long as the fill is not located
in an area containing intermittent or perennial streams. A rock-core
chimney drain may be used in a valley fill if the fill does not exceed
250,000 cubic yards of material and upstream drainage is diverted around
the fill. The alternative rock-core chimney drain system shall be
incorporated into the design and construction of the fill as follows.
(1) The fill shall have, along the vertical projection of the main
buried stream channel or rill, a vertical core of durable rock at least
16 feet thick which shall extend from the toe of the fill to the head of
the fill, and from the base of the fill to the surface of the fill. A
system of lateral rock underdrains shall connect this rock core to each
area of potential drainage or seepage in the disposal area. The
underdrain system and rock core shall be designed to carry the
anticipated seepage of water due to rainfall away from the excess spoil
fill and from seeps and springs in the foundation of the disposal area.
Rocks used in the rock core and underdrains shall meet the requirements
of 816.71(f).
(2) A filter system to ensure the proper long-term functioning of the
rock core shall be designed and constucted using current, prudent
engineering practices.
(3) Grading may drain surface water away from the outslope of the
fill and toward the rock core. In no case, however, may intermittent or
perennial streams be diverted into the rock core. The maximum slope of
the top of the fill shall be 33h:1v (3 percent). A drainage pocket may
be maintained at the head of the fill during and after construction, to
intercept surface runoff and discharge the runoff through or over the
rock drain, if stability of the fill is not impaired. In no case shall
this pocket or sump have a potential capacity for impounding more than
10,000 cubic feet of water. Terraces on the fill shall be graded with a
3 to 5 percent grade toward the fill and a 1 percent slope toward the
rock core.
(48 FR 32926, July 19, 1983)
30 CFR 816.73 Disposal of excess spoil: Durable rock fills.
The regulatory authority may approve the alternative method of
disposal of excess durable rock spoil by gravity placement in single or
multiple lifts, provided the following conditions are met:
(a) Except as provided in this section, the requirements of 816.71
are met.
(b) The excess spoil consists of at least 80 percent, by volume,
durable, nonacid- and nontoxic-forming rock (e.g., sandstone or
limestone) that does not slake in water and will not degrade to soil
material. Where used, noncemented clay shale, clay spoil, soil or other
nondurable excess spoil materials shall be mixed with excess durable
rock spoil in a controlled manner such that no more than 20 percent of
the fill volume, as determined by tests performed by a registered
engineer and approved by the regulatory authority, is not durable rock.
(c) A qualified registered professional engineer certifies that the
design will ensure the stability of the fill and meet all other
applicable requirements.
(d) The fill is designed to attain a minimum long-term static safety
factor of 1.5, and an earthquake safety factor of 1.1.
(e) The underdrain system may be constructed simultaneously with
excess spoil placement by the natural segregation of dumped materials,
provided the resulting underdrain system is capable of carrying
anticipated seepage of water due to rainfall away from the excess spoil
fill and from seeps and springs in the foundation of the disposal area
and the other requirements for drainage control are met.
(f) Surface water runoff from areas adjacent to and above the fill is
not allowed to flow onto the fill and is diverted into stabilized
diversion channels designed to meet the requirements of 816.43 and to
safely pass the runoff from a 100-year, 6-hour precipitation event.
(48 FR 32926, July 19, 1983, as amended at 48 FR 44780, Sept. 30,
1983)
30 CFR 816.74 Disposal of excess spoil: Preexisting benches.
(a) The regulatory authority may approve the disposal of excess spoil
through placement on a preexisting bench if the affected portion of the
preexisting bench is permitted and the standards set forth in
816.102(c), (e) through (h), and (j), and the requirements of this
section are met.
(b) All vegetation and organic materials shall be removed from the
affected portion of the preexisting bench prior to placement of the
excess spoil. Any available topsoil on the bench shall be removed,
stored and redistributed in accordance with 816.22 of this part.
Substitute or supplemental materials may be used in accordance with
816.22(b) of this part.
(c) The fill shall be designed and constructed using current, prudent
engineering practices. The design will be certified by a registered
professional engineer. The spoil shall be placed on the solid portion
of the bench in a controlled manner and concurrently compacted as
necessary to attain a long term static safety factor of 1.3 for all
portions of the fill. Any spoil deposited on any fill portion of the
bench will be treated as excess spoil fill under 816.71.
(d) The preexisting bench shall be backfilled and graded to --
(1) Achieve the most moderate slope possible which does not exceed
the angle of repose;
(2) Eliminate the highwall to the maximum extent technically
practical;
(3) Minimize erosion and water pollution both on and off the site;
and
(4) If the disposal area contains springs, natural or manmade water
courses, or wet weather seeps, the fill design shall include diversions
and underdrains as necessary to control erosion, prevent water
infiltration into the fill, and ensure stability.
(e) All disturbed areas, including diversion channels that are not
riprapped or otherwise protected, shall be revegetated upon completion
of construction.
(f) Permanent impoundments may not be constructed on preexisting
benches backfilled with excess spoil under this regulation.
(g) Final configuration of the backfill must be compatible with the
natural drainage patterns and the surrounding area, and support the
approved postmining land use.
(h) Disposal of excess spoil from an upper actively mined bench to a
lower preexisting bench by means of gravity transport may be approved by
the regulatory authority provided that --
(1) The gravity transport courses are determined on a site-specific
basis by the operator as part of the permit application and approved by
the regulatory authority to minimize hazards to health and safety and to
ensure that damage will be minimized between the benches, outside the
set course, and downslope of the lower bench should excess spoil
accidentally move;
(2) All gravity transported excess spoil, including that excess spoil
immediately below the gravity transport courses and any preexisting
spoil that is disturbed, is rehandled and placed in horizontal lifts in
a controlled manner, concurrently compacted as necessary to ensure mass
stability and to prevent mass movement, and graded to allow surface and
subsurface drainage to be compatible with the natural surroundings and
to ensure a minimum long-term static safety factor of 1.3. Excess spoil
on the bench prior to the current mining operation that is not disturbed
need not be rehandled except where necessary to ensure stability of the
fill;
(3) A safety berm is constructed on the solid portion of the lower
bench prior to gravity transport of the excess spoil. Where there is
insufficient material on the lower bench to construct a safety berm,
only that amount of excess spoil necessary for the construction of the
berm may be gravity transported to the lower bench prior to construction
of the berm.
(4) Excess spoil shall not be allowed on the downslope below the
upper bench except on designated gravity transport courses properly
prepared according to 816.22. Upon completion of the fill, no excess
spoil shall be allowed to remain on the designated gravity transport
course between the two benches and each transport course shall be
reclaimed in accordance with the requirements of this part.
(48 FR 32927, July 19, 1983, as amended at 56 FR 65635, Dec. 17,
1991)
30 CFR 816.79 Protection of underground mining.
No surface mining activities shall be conducted closer than 500 feet
to any point of either an active or abandoned underground mine, except
to the extent that --
(a) The activities result in improved resource recovery, abatement of
water pollution, or elimination of hazards to the health and safety of
the public; and
(b) The nature, timing, and sequence of the activities that propose
to mine closer than 500 feet to an active underground mine are jointly
approved by the regulatory authority, the Mine Safety and Health
Administration, and the State agency, if any, responsible for the safety
of underground mine workers.
(48 FR 24651, June 1, 1983)
30 CFR 816.81 Coal mine waste: General requirements.
(a) General. All coal mine waste disposed of in an area other than
the mine workings or excavations shall be placed in new or existing
disposal areas within a permit area, which are approved by the
regulatory authority for this purpose. Coal mine waste shall be hauled
or conveyed and placed for final placement in a controlled manner to --
(1) Minimize adverse effects of leachate and surface-water runoff on
surface and ground water quality and quantity;
(2) Ensure mass stability and prevent mass movement during and after
construction;
(3) Ensure that the final disposal facility is suitable for
reclamation and revegetation compatible with the natural surroundings
and the approved postmining land use;
(4) Not create a public hazard; and
(5) Prevent combustion.
(b) Coal mine waste material from activities located outside a permit
area may be disposed of in the permit area only if approved by the
regulatory authority. Approval shall be based upon a showing that such
disposal will be in accordance with the standards of this section.
(c) Design certification. (1) The disposal facility shall be
designed using current, prudent engineering practices and shall meet any
design criteria established by the regulatory authority. A qualified
registered professional engineer, experienced in the design of similar
earth and waste structures, shall certify the design of the disposal
facility.
(2) The disposal facility shall be designed to attain a minimum
long-term static safety factor of 1.5. The foundation and abutments must
be stable under all conditions of construction.
(d) Foundation. Sufficient foundation investigations, as well as any
necessary laboratory testing of foundation material, shall be performed
in order to determine the design requirements for foundation stability.
The analyses of the foundation conditions shall take into consideration
the effect of underground mine workings, if any, upon the stability of
the disposal facility.
(e) Emergency procedures. If any examination or inspection discloses
that a potential hazard exists, the regulatory authority shall be
informed promptly of the finding and of the emergency procedures
formulated for public protection and remedial action. If adequate
procedures cannot be formulated or implemented, the regulatory authority
shall be notified immediately. The regulatory authority shall then
notify the appropriate agencies that other emergency procedures are
required to protect the public.
(f) Underground disposal. Coal mine waste may be disposed of in
underground mine workings, but only in accordance with a plan approved
by the regulatory authority and MSHA under 784.25 of this chapter.
(48 FR 44028, Sept. 26, 1983, as amended at 56 FR 65635, Dec. 17,
1991)
Editorial Note: At 51 FR 41961, Nov. 20, 1986, in 816.81 paragraph
(a) was suspended insofar as it allows end dumping or side dumping of
coal mine waste.
30 CFR 816.83 Coal mine waste: Refuse piles.
Refuse piles shall meet the requirements of 816.81, the additional
requirements of this section, and the requirements of 77.214 and
77.215 of this title.
(a) Drainage control. (1) If the disposal area contains springs,
natural or manmade water courses, or wet weather seeps, the design shall
include diversions and underdrains as necessary to control erosion,
prevent water infiltration into the disposal facility and ensure
stability.
(2) Uncontrolled surface drainage may not be diverted over the
outslope of the refuse piles. Runoff from the areas above the refuse
pile and runoff from the surface of the refuse pile shall be diverted
into stabilized diversion channels designed to meet the requirements of
816.43 to safely pass the runoff from a 100-year, 6-hour precipitation
event. Runoff diverted from undisturbed areas need not be commingled
with runoff from the surface of the refuse pile.
(3) Underdrains shall comply with the requirements of 816.71(f)(3).
(b) Surface area stabilization. Slope protection shall be provided
to minimize surface erosion at the site. All disturbed areas, including
diversion channels that are not riprapped or otherwise protected, shall
be revegetated upon completion of construction.
(c) Placement. (1) All vegetative and organic materials shall be
removed from the disposal area prior to placement of coal mine waste.
Topsoil shall be removed, segregated and stored or redistributed in
accordance with 816.22. If approved by the regulatory authority,
organic material may be used as mulch, or may be included in the topsoil
to control erosion, promote growth of vegetation or increase the
moisture retention of the soil.
(2) The final configuration of the refuse pile shall be suitable for
the approved postmining land use. Terraces may be constructed on the
outslope of the refuse pile if required for stability, control or
erosion, conservation of soil moisture, or facilitation of the approved
postmining land use. The grade of the outslope between terrace benches
shall not be steeper than 2h:1v (50 percent).
(3) No permanent impoundments shall be allowed on the completed
refuse pile. Small depressions may be allowed by the regulatory
authority if they are needed to retain moisture, minimize erosion,
create and enhance wildlife habitat, or assist revegetation, and if they
are not incompatible with stability of the refuse pile.
(4) Following final grading of the refuse pile, the coal mine waste
shall be covered with a minimum of 4 feet of the best available,
nontoxic and noncombustible material, in a manner that does not impede
drainage from the underdrains. The regulatory authority may allow less
than 4 feet of cover material based on physical and chemical analyses
which show that the requirements of 816.111 through 816.116 will be
met.
(d) Inspections. A qualified registered professional engineer, or
other qualified professional specialist under the direction of the
professional engineer, shall inspect the refuse pile during
construction. The professional engineer or specialist shall be
experienced in the construction of similar earth and waste structures.
(1) Such inspections shall be made at least quarterly throughout
construction and during critical construction periods. Critical
construction periods shall include at a minimum:
(i) Foundation preparation including the removal of all organic
material and topsoil; (ii) placement of underdrains and protective
filter systems; (iii) installation of final surface drainage systems;
and (iv) the final graded and revegetated facility. Regular inspections
by the engineer or specialist shall also be conducted during placement
and compaction of coal mine waste materials. More frequent inspections
shall be conducted if a danger of harm exists to the public health and
safety or the environment. Inspections shall continue until the refuse
pile has been finally graded and revegetated or until a later time as
required by the regulatory authority.
(2) The qualified registered professional engineer shall provide a
certified report to the regulatory authority promptly after each
inspection that the refuse pile has been constructed and maintained as
designed and in accordance with the approved plan and this chapter. The
report shall include appearances of instability, structural weakness,
and other hazardous conditions.
(3) The certified report on the drainage system and protective
filters shall include color photographs taken during and after
construction, but before underdrains are covered with coal mine waste.
If the underdrain system is constructed in phases, each phase shall be
certified separately. The photographs accompanying each certified
report shall be taken in adequate size and number with enough terrain or
other physical features of the site shown to provide a relative scale to
the photographs and to specifically and clearly identify the site.
(4) A copy of each inspection report shall be retained at or near the
minesite.
(48 FR 44028, Sept. 26, 1983)
30 CFR 816.84 Coal mine waste: Impounding structures.
New and existing impounding structures constructed of coal mine waste
or intended to impound coal mine waste shall meet the requirements of
816.81.
(a) Coal mine waste shall not be used for construction of impounding
structures unless it has been demonstrated to the regulatory authority
that the stability of such a structure conforms to the requirements of
this part and the use of coal mine waste will not have a detrimental
effect on downstream water quality or the environment due to acid
seepage through the impounding structure. The stability of the
structure and the potential impact of acid mine seepage through the
impounding structure shall be discussed in detail in the design plan
submitted to the regulatory authority in accordance with 780.25 of this
chapter.
(b)(1) Each impounding structure constructed of coal mine waste or
intended to impound coal mine waste shall be designed, constructed and
maintained in accordance with 816.49 (a) and (c). Such structures may
not be retained permanently as part of the approved postmining land use.
(2) Each impounding structure constructed of coal mine waste or
intended to impound coal mine waste that meets the criteria of
77.216(a) of this title shall have sufficient spillway capacity to
safely pass, adequate storage capacity to safely contain, or a
combination of storage capacity and spillway capacity to safely control,
the probable maximum precipitation of a 6-hour precipitation event, or
greater event as specified by the regulatory authority.
(c) Spillways and outlet works shall be designed to provide adequate
protection against erosion and corrosion. Inlets shall be protected
against blockage.
(d) Drainage control. Runoff from areas above the disposal facility
or runoff from surface of the facility that may cause instability or
erosion of the impounding structure shall be diverted into stabilized
diversion channels designed to meet the requirements of 816.43 and
designed to safely pass the round off from a 100-year, 6-hour design
precipitation event.
(e) Impounding structures constructed of or impounding coal mine
waste shall be designed so that at least 90 percent of the water stored
during the design precipitation event can be removed within a 10-day
period.
(f) For an impounding structure constructed of or impounding coal
mine waste, at least 90 percent of the water stored during the design
precipitation event shall be removed within the 10-day period following
the design precipitation event.
(48 FR 44029, Sept. 26, 1983, as amended at 53 FR 43606, Oct. 27,
1988)
30 CFR 816.87 Coal mine waste: Burning and burned waste utilization.
(a) Coal mine waste fires shall be extinguished by the person who
conducts the surface mining activities, in accordance with a plan
approved by the regulatory authority and the Mine Safety and Health
Administration. The plan shall contain, at a minimum, provisions to
ensure that only those persons authorized by the operator, and who have
an understanding of the procedures to be used, shall be involved in the
extinguishing operations.
(b) No burning or burned coal mine waste shall be removed from a
permitted disposal area without a removal plan approved by the
regulatory authority. Consideration shall be given to potential hazards
to persons working or living in the vicinity of the structure.
(48 FR 44029, Sept. 26, 1983)
30 CFR 816.89 Disposal of noncoal mine wastes.
(a) Noncoal mine wastes including, but not limited to grease,
lubricants, paints, flammable liquids, garbage, abandoned mining
machinery, lumber and other combustible materials generated during
mining activities shall be placed and stored in a controlled manner in a
designated portion of the permit area. Placement and storage shall
ensure that leachate and surface runoff do not degrade surface or ground
water, that fires are prevented, and that the area remains stable and
suitable for reclamation and revegetation compatible with the natural
surroundings.
(b) Final disposal of noncoal mine wastes shall be in a designated
disposal site in the permit area or a State-approved solid waste
disposal area. Disposal sites in the permit area shall be designed and
constructed to ensure that leachate and drainage from the noncoal mine
waste area does not degrade surface or underground water. Wastes shall
be routinely compacted and covered to prevent combustion and wind-borne
waste. When the disposal is completed, a minimum of 2 feet of soil
cover shall be placed over the site, slopes stabilized, and revegetation
accomplished in accordance with 816.111 through 816.116. Operation of
the disposal site shall be conducted in accordance with all local, State
and Federal requirements.
(c) At no time shall any noncoal mine waste be deposited in a refuse
pile or impounding structure, nor shall an excavation for a noncoal mine
waste disposal site be located within 8 feet of any coal outcrop or coal
storage area.
(48 FR 44030, Sept. 26, 1983, as amended at 56 FR 65635, Dec. 17,
1991)
30 CFR 816.95 Stabilization of surface areas.
(a) All exposed surface areas shall be protected and stabilized to
effectively control erosion and air pollution attendant to erosion.
(b) Rills and gullies, which form in areas that have been regraded
and topsoiled and which either (1) disrupt the approved postmining land
use or the reestablishment of the vegetative cover, or (2) cause or
contribute to a violation of water quality standards for receiving
streams shall be filled, regraded, or otherwise stabilized; topsoil
shall be replaced; and the areas shall be reseeded or replanted.
(48 FR 1163, Jan. 10, 1983)
30 CFR 816.97 Protection of fish, wildlife, and related environmental
values.
(a) The operator shall, to the extent possible using the best
technology currently available, minimize disturbances and adverse
impacts on fish, wildlife, and related environmental values and shall
achieve enhancement of such resources where practicable.
(b) Endangered and threatened species. No surface mining activity
shall be conducted which is likely to jeopardize the continued existence
of endangered or threatened species listed by the Secretary or which is
likely to result in the destruction or adverse modification of
designated critical habitats of such species in violation of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
The operator shall promptly report to the regulatory authority any
State- or federally-listed endangered or threatened species within the
permit area of which the operator becomes aware. Upon notification, the
regulatory authority shall consult with appropriate State and Federal
fish and wildlife agencies and, after consultation, shall identify
whether, and under what conditions, the operater may proceed.
(c) Bald and golden eagles. No surface mining activity shall be
conducted in a manner which would result in the unlawful taking of a
bald or golden eagle, its nest, or any of its eggs. The operator shall
promptly report to the regulatory authority any golden or bald eagle
nest within the permit area of which the operator becomes aware. Upon
notification, the regulatory authority shall consult with the U.S. Fish
and Wildlife Service and also, where appropriate, the State fish and
wildlife agency and, after consultation, shall identify whether, and
under what conditions, the operator may proceed.
(d) Nothing in this chapter shall authorize the taking of an
endangered or threatened species or a bald or golden eagle, its nest, or
any of its eggs in violation of the Endangered Species Act of 1973, as
amended, 16 U.S.C. 1531 et seq., or the Bald Eagle Protection Act, as
amended, 16 U.S.C. 668 et seq.
(e) Each operator shall, to the extent possible using the best
technology currently available --
(1) Ensure that electric powerlines and other transmission facilities
used for, or incidental to, surface mining activities on the permit area
are designed and constructed to minimize electrocution hazards to
raptors, except where the regulatory authority determines that such
requirements are unnecessary;
(2) Locate and operate haul and access roads so as to avoid or
minimize impacts on important fish and wildlife species or other species
protected by State or Federal law;
(3) Design fences, overland conveyors, and other potential barriers
to permit passage for large mammals, except where the regulatory
authority determines that such requirements are unnecessary; and
(4) Fence, cover, or use other appropriate methods to exclude
wildlife from ponds which contain hazardous concentrations of
toxic-forming materials.
(f) Wetlands and habitats of unusually high value for fish and
wildlife. The operator conducting surface mining activities shall avoid
disturbances to, enhance where practicable, restore, or replace,
wetlands, and riparian vegetation along rivers and streams and bordering
ponds and lakes. Surface mining activities shall avoid disturbances to,
enhance where practicable, or restore, habitats of unusually high value
for fish and wildlife.
(g) Where fish and wildlife habitat is to be a postmining land use,
the plant species to be used on reclaimed areas shall be selected on the
basis of the following criteria:
(1) Their proven nutritional value for fish or wildlife.
(2) Their use as cover for fish or wildlife.
(3) Their ability to support and enhance fish or wildlife habitat
after the release of performance bonds. The selected plants shall be
grouped and distributed in a manner which optimizes edge effect, cover,
and other benefits to fish and wildlife.
(h) Where cropland is to be the postmining land use, and where
appropriate for wildlife- and crop-management practices, the operator
shall intersperse the fields with trees, hedges, or fence rows
throughout the harvested area to break up large blocks of monoculture
and to diversify habitat types for birds and other animals.
(i) Where residential, public service, or industrial uses are to be
the postmining land use, and where consistent with the approved
postmining land use, the operator shall intersperse reclaimed lands with
greenbelts utilizing species of grass, shrubs, and trees useful as food
and cover for wildlife.
(48 FR 30327, June 30, 1983, as amended at 52 FR 47360, Dec. 11,
1987)
30 CFR 816.99 Slides and other damage.
(a) An undisturbed natural barrier shall be provided beginning at the
elevation of the lowest coal seam to be mined and extending from the
outslope for such distance as may be determined by the regulatory
authority as is needed to assure stability. The barrier shall be
retained in place to prevent slides and erosion.
(b) At any time a slide occurs which may have a potential adverse
affect on public property, health, safety, or the environment, the
person who conducts the surface mining activities shall notify the
regulatory authority by the fastest available means and comply with any
remedial measures required by the regulatory authority.
30 CFR 816.100 Contemporaneous reclamation.
Reclamation efforts, including but not limited to backfilling,
grading, topsoil replacement, and revegetation, on all land that is
disturbed by surface mining activities shall occur as contemporaneously
as practicable with mining operations, except when such mining
operations are conducted in accordance with a variance for concurrent
surface and underground mining activities issued under 785.18 of this
chapter.
(48 FR 24652, June 1, 1983, as amended at 56 FR 65635, Dec. 17, 1991)
30 CFR 816.101 Backfilling and grading: Time and distance
requirements.
(a) Except as provided in paragraph (b) of this section, rough
backfilling and grading for surface mining activities shall be completed
according to one of the following schedules:
(1) Contour mining. Within 60 days or 1,500 linear feet following
coal removal;
(2) Area mining. Within 180 days following coal removal, and not
more than four spoil ridges behind the pit being worked, the spoil from
the active pit constituting the first ridge; or
(3) Other surface mining methods. In accordance with the schedule
established by the regulatory authority. For States with approved State
programs, schedules are subject to the State program approval process.
(b) The regulatory authority may extend the time allowed for rough
backfilling and grading for the entire permit area or for a specified
portion of the permit area if the permittee demonstrates in accordance
with 780.18(b)(3) of this chapter that additional time is necessary.
(56 FR 65635, Dec. 17, 1991)
30 CFR 816.102 Backfilling and grading: General requirements.
(a) Disturbed areas shall be backfilled and graded to --
(1) Achieve the approximate original contour, except as provided in
paragraph (k) of this section;
(2) Eliminate all highwalls, spoil piles, and depressions, except as
provided in paragraph (h) (small depressions) and in paragraph
(k)(3)(iii) (previously mined highwalls) of this section;
(3) Achieve a postmining slope that does not exceed either the angle
of repose or such lesser slope as is necessary to achieve a minimum
long-term static safety factor of 1.3 and to prevent slides;
(4) Minimize erosion and water pollution both on and off the site;
and
(5) Support the approved postmining land use.
(b) Spoil, except excess spoil disposed of in accordance with
816.71 through 816.74, shall be returned to the mined-out area.
(c) Spoil and waste materials shall be compacted where advisable to
ensure stability or to prevent leaching of toxic materials.
(d) Spoil may be placed on the area outside the mined-out area in
nonsteep slope areas to restore the approximate original contour by
blending the spoil into the surrounding terrain if the following
requirements are met:
(1) All vegetative and organic material shall be removed from the
area.
(2) The topsoil on the area shall be removed, segregated, stored, and
redistributed in accordance with 816.22.
(3) The spoil shall be backfilled and graded on the area in
accordance with the requirements of this section.
(e) Disposal of coal processing waste and underground development
waste in the mined-out area shall be in accordance with 816.81 and
816.83, except that a long-term static safety factor of 1.3 shall be
achieved.
(f) Exposed coal seams, acid- and toxic-forming materials, and
combustible materials exposed, used, or produced during mining shall be
adequately covered with nontoxic and noncombustible material, or
treated, to control the impact on surface and ground water in accordance
with 816.41, to prevent sustained combustion, and to minimize adverse
effects on plant growth and the approved postmining land use.
(g) Cut-and-fill terraces may be allowed by the regulatory authority
where --
(1) Needed to conserve soil moisture, ensure stability, and control
erosion on final-graded slopes, if the terraces are compatible with the
approved postmining land use; or
(2) Specialized grading, foundation conditions, or roads are required
for the approved postmining land use, in which case the final grading
may include a terrace of adequate width to ensure the safety, stability,
and erosion control necessary to implement the postmining land-use plan.
(h) Small depressions may be constructed if they are needed to retain
moisture, minimize erosion, create and enhance wildlife habitat, or
assist revegetation.
(i) Permanent impoundments may be approved if they meet the
requirements of 816.49 and 816.56 and if they are suitable for the
approved postmining land use.
(j) Preparation of final-graded surfaces shall be conducted in a
manner that minimizes erosion and provides a surface for replacement of
topsoil that will minimize slippage.
(k) The postmining slope may vary from the approximate original
contour when --
(1) The standards for thin overburden in 816.104 are met;
(2) The standards for thick overburden in 816.105 are met; or
(3) Approval is obtained from the regulatory authority for --
(i) Mountaintop removal operations in accordance with 785.14 of this
chapter;
(ii) A variance from approximate original contour requirements in
accordance with 785.16 of this chapter; or
(iii) Incomplete elimination of highwalls in previously mined areas
in accordance with 816.106.
(48 FR 23368, May 24, 1983, as amended at 48 FR 41734, Sept. 16,
1983)
30 CFR 816.104 Backfilling and grading: Thin overburden.
(a) Definition. Thin overburden means insufficient spoil and other
waste materials available from the entire permit area to restore the
disturbed area to its approximate original contour. Insufficient spoil
and other waste materials occur where the overburden thickness times the
swell factor, plus the thickness of other available waste materials, is
less than the combined thickness of the overburden and coal bed prior to
removing the coal, so that after backfilling and grading the surface
configuration of the reclaimed area would not:
(1) Closely resemble the surface configuration of the land prior to
mining; or
(2) Blend into and complement the drainage pattern of the surrounding
terrain.
(b) Performance standards. Where thin overburden occurs within the
permit area, the permittee at a minimum shall:
(1) Use all spoil and other waste materials available from the entire
permit area to attain the lowest practicable grade, but not more than
the angle of repose; and
(2) Meet the requirements of 816.102(a)(2) through (j) of this
part.
(56 FR 65635, Dec. 17, 1991)
30 CFR 816.105 Backfilling and grading: Thick overburden.
(a) Definition. Thick overburden means more than sufficient spoil
and other waste materials available from the entire permit area to
restore the disturbed area to its approximate original contour. More
than sufficient spoil and other waste materials occur where the
overburden thickness times the swell factor exceeds the combined
thickness of the overburden and coal bed prior to removing the coal, so
that after backfilling and grading the surface configuration of the
reclaimed area would not:
(1) Closely resemble the surface configuration of the land prior to
mining; or
(2) Blend into and complement the drainage pattern of the surrounding
terrain.
(b) Performance standards. Where thick overburden occurs within the
permit area, the permittee at a minimum shall:
(1) Restore the approximate original contour and then use the
remaining spoil and other waste materials to attain the lowest
practicable grade, but not more than the angle of repose;
(2) Meet the requirements of 816. 102(a)(2) through (j) of this
part; and
(3) Dispose of any excess spoil in accordance with 816.71 through
816.74 of this part.
(56 FR 65635, Dec. 17, 1991)
30 CFR 816.106 Backfilling and grading: Previously mined areas.
(a) Remining operations on previously mined areas that contain a
preexisting highwall shall comply with the requirements of 816.102
through 816.107 of this chapter, except as provided in this section.
(b) The requirements of 816.102(a) (1) and (2) requiring the
elimination of highwalls shall not apply to remining opertions where the
volume of all reasonably available spoil is demonstrated in writing to
the regulatory authority to be insufficient to completely backfill the
reaffected or enlarged highwall. The highwall shall be eliminated to
the maximum extent technically practical in accordance with the
following criteria:
(1) All spoil generated by the remining operation and any other
reasonably available spoil shall be used to backfill the area.
Reasonably available spoil in the immediate vicinity of the remining
operation shall be included within the permit area.
(2) The backfill shall be graded to a slope which is compatible with
the approved postmining land use and which provides adequate drainage
and long-term stability.
(3) Any highwall remnant shall be stable and not pose a hazard to the
public health and safety or to the environment. The operator shall
demonstrate, to the satisfaction of the regulatory authority, that the
highwall remnant is stable.
(4) Spoil placed on the outslope during previous mining operations
shall not be disturbed if such disturbances will cause instability of
the remaining spoil or otherwise increase the hazard to the public
health and safety or to the environment.
(48 FR 41734, Sept. 16, 1983, as amended at 51 FR 41737, Nov. 18,
1986)
30 CFR 816.107 Backfilling and grading: Steep slopes.
(a) Surface mining activities on steep slopes shall be conducted so
as to meet the requirements of 816.102 -- 816.106, and the
requirements of this section except where mining is conducted on flat or
gently rolling terrain with an occasional steep slope through which the
mining proceeds and leaves a plain or predominantly flat area or where
operations are conducted in accordance with part 824 of this chapter.
(b) The following materials shall not be placed on the downslope:
(1) Spoil.
(2) Waste materials of any type.
(3) Debris, including that from clearing and grubbing.
(4) Abandoned or disabled equipment.
(c) Land above the highwall shall not be disturbed unless the
regulatory authority finds that this disturbance will facilitate
compliance with the environmental protection standards of this
subchapter and the disturbance is limited to that necessary to
facilitate compliance.
(d) Woody materials shall not be buried in the backfilled area unless
the regulatory authority determines that the proposed method for placing
woody material within the backfill will not deteriorate the stable
condition of the backfilled area.
(48 FR 23369, May 24, 1983, as amended at 48 FR 41734, Sept. 16,
1983)
30 CFR 816.111 Revegetation: General requirements.
(a) The permittee shall establish on regraded areas and on all other
disturbed areas except water areas and surface areas of roads that are
approved as part of the postmining land use, a vegetative cover that is
in accordance with the approved permit and reclamation plan and that is
--
(1) Diverse, effective, and permanent;
(2) Comprised of species native to the area, or of introduced species
where desirable and necessary to achieve the approved postmining land
use and approved by the regulatory authority;
(3) At least equal in extent of cover to the natural vegetation of
the area; and
(4) Capable of stabilizing the soil surface from erosion.
(b) The reestablished plant species shall --
(1) Be compatible with the approved postmining land use;
(2) Have the same seasonal characteristics of growth as the original
vegetation;
(3) Be capable of self-regeneration and plant succession;
(4) Be compatible with the plant and animal species of the area; and
(5) Meet the requirements of applicable State and Federal seed,
poisonous and noxious plant, and introduced species laws or regulations.
(c) The regulatory authority may grant exception to the requirements
of paragraphs (b) (2) and (3) of this section when the species are
necessary to achieve a quick-growing, temporary, stabilizing cover, and
measures to establish permanent vegetation are included in the approved
permit and reclamation plan.
(d) When the regulatory authority approves a cropland postmining land
use, the regulatory authority may grant exception to the requirements of
paragraphs (a) (1), (3), (b) (2), and (3) of this section. The
requirements of part 823 of this chapter apply to areas identified as
prime farmland.
(48 FR 40160, Sept. 2, 1983)
30 CFR 816.113 Revegetation: Timing
Disturbed areas shall be planted during the first normal period for
favorable planting conditions after replacement of the plant-growth
medium. The normal period for favorable planting is that planting time
generally accepted locally for the type of plant materials selected.
(48 FR 40160, Sept. 2, 1983)
30 CFR 816.114 Revegetation: Mulching and other soil stabilizing
practices.
Suitable mulch and other soil stabilizing practices shall be used on
all areas that have been regraded and covered by topsoil or topsoil
substitutes. The regulatory authority may waive this requirement if
seasonal, soil, or slope factors result in a condition where mulch and
other soil stabilizing practices are not necessary to control erosion
and to promptly establish an effective vegetative cover.
(48 FR 40160, Sept. 2, 1983)
30 CFR 816.116 Revegetation: Standards for success.
(a) Success of revegetation shall be judged on the effectiveness of
the vegetation for the approved postmining land use, the extent of cover
compared to the cover occurring in natural vegetation of the area, and
the general requirements of 816.111.
(1) Standards for success and statistically valid sampling techniques
for measuring success shall be selected by the regulatory authority and
included in an approved regulatory program.
(2) Standards for success shall include criteria representative of
unmined lands in the area being reclaimed to evaluate the appropriate
vegetation parameters of ground cover, production, or stocking. Ground
cover, production, or stocking shall be considered equal to the approved
success standard when they are not less than 90 percent of the success
standard. The sampling techniques for measuring success shall use a
90-percent statistical confidence interval (i.e., one-sided test with a
0.10 alpha error).
(b) Standards for success shall be applied in accordance with the
approved postmining land use and, at a minimum, the following
conditions:
(1) For areas developed for use as grazing land or pasture land, the
ground cover and production of living plants on the revegetated area
shall be at least equal to that of a reference area or such other
success standards approved by the regulatory authority.
(2) For areas developed for use as cropland, crop production on the
revegetated area shall be at least equal to that of a reference area or
such other success standards approved by the regulatory authority.
(3) For areas to be developed for fish and wildlife habitat,
recreation, shelter belts, or forest products, success of vegetation
shall be determined on the basis of tree and shrub stocking and
vegetative ground cover. Such parameters are described as follows:
(i) Minimum stocking and planting arrangements shall be specified by
the regulatory authority on the basis of local and regional conditions
and after consultation with and approval by the State agencies
responsible for the administration of forestry and wildlife programs.
Consultation and approval may occur on either a programwide or a
permit-specific basis.
(ii) Trees and shrubs that will be used in determining the success of
stocking and the adequacy of the plant arrangement shall have utility
for the approved postmining land use. Trees and shrubs counted in
determining such success shall be healthy and have been in place for not
less than two growing seasons. At the time of bond release, at least 80
percent of the trees and shrubs used to determine such success shall
have been in place for 60 percent of the applicable minimum period of
responsibility.
(iii) Vegetative ground cover shall not be less than that required to
achieve the approved postmining land use.
(4) For areas to be developed for industrial, commercial, or
residential use less than 2 years after regrading is completed, the
vegetative ground cover shall not be less than that required to control
erosion.
(5) For areas previously disturbed by mining that were not reclaimed
to the requirements of this subchapter and that are remined or otherwise
redisturbed by surface coal mining operations, as a minimum, the
vegetative ground cover shall be not less than the ground cover existing
before redisturbance and shall be adequate to control erosion.
(c)(1) The period of extended responsibility for successful
revegetation shall begin after the last year of augmented seeding,
fertilizing, irrigation, or other work, excluding husbandry practices
that are approved by the regulatory authority in accordance with
paragraph (c)(4) of this section.
(2) In areas of more than 26.0 inches of annual average
precipitation, the period of responsibility shall continue for a period
of not less than five full years. Vegetation parameters identified in
paragraph (b) of this section for grazing land or pasture land and
cropland shall equal or exceed the approved success standard during the
growing seasons of any two years of the responsibility period, except
the first year. Areas approved for the other uses identified in
paragraph (b) of this section shall equal or exceed the applicable
success standard during the growing season of the last year of the
responsibility period.
(3) In areas of 26.0 inches or less average annual precipitation, the
period of responsibility shall continue for a period of not less than 10
full years. Vegetation parameters identified in paragraph (b) of this
section shall equal or exceed the approved success standard for at least
the last 2 consecutive years of the responsibility period.
(4) The regulatory authority may approve selective husbandry
practices, excluding augmented seeding, fertilization, or irrigation,
provided it obtains prior approval from the Director in accordance with
732.17 of this chapter that the practices are normal husbandry
practices, without extending the period of responsibility for
revegetation success and bond liability, if such practices can be
expected to continue as part of the postmining land use or if
discontinuance of the practices after the liability period expires will
not reduce the probability of permanent revegetation success. Approved
practices shall be normal husbandry practices within the region for
unmined lands having land uses similar to the approved postmining land
use of the disturbed area, including such practices as disease, pest,
and vermin control; and any pruning, reseeding, and transplanting
specifically necessitated by such actions.
(48 FR 40160, Sept. 2, 1983, as amended at 53 FR 34642, Sept. 7,
1988)
30 CFR 816.131 Cessation of operations: Temporary.
(a) Each person who conducts surface mining activities shall
effectively secure surface facilities in areas in which there are no
current operations, but in which operations are to be resumed under an
approved permit. Temporary abandonment shall not relieve a person of
their obligation to comply with any provisions of the approved permit.
(b) Before temporary cessation of mining and reclamation operations
for a period of thirty days or more, or as soon as it is known that a
temporary cessation will extend beyond 30 days, persons who conduct
surface mining activities shall submit to the regulatory authority a
notice of intention to cease or abandon mining and reclamation
operations. This notice shall include a statement of the exact number
of acres which will have been affected in the permit area, prior to such
temporary cessation, the extent and kind of reclamation of those areas
which will have been accomplished, and identification of the
backfilling, regrading, revegetation, environmental monitoring, and
water treatment activities that will continue during the temporary
cessation.
30 CFR 816.132 Cessation of operations: Permanent.
(a) Persons who cease surface mining activities permanently shall
close or backfill or otherwise permanently reclaim all affected areas,
in accordance with this chapter and the permit approved by the
regulatory authority.
(b) All underground openings, equipment, structures, or other
facilities not required for monitoring, unless approved by the
regulatory authority as suitable for the postmining land use or
environmental monitoring, shall be removed and the affected land
reclaimed.
30 CFR 816.133 Postmining land use.
(a) General. All disturbed areas shall be restored in a timely
manner to conditions that are capable of supporting --
(1) The uses they were capable of supporting before any mining; or
(2) Higher or better uses.
(b) Determining premining uses of land. The premining uses of land
to which the postmining land use is compared shall be those uses which
the land previously supported, if the land has not been previously mined
and has been properly managed. The postmining land use for land that
has been previously mined and not reclaimed shall be judged on the basis
of the land use that existed prior to any mining: Provided that, if the
land cannot be reclaimed to the land use that existed prior to any
mining because of the previously mined condition, the postmining land
use shall be judged on the basis of the highest and best use that can be
achieved which is compatible with surrounding areas and does not require
the disturbance of areas previously unaffected by mining.
(c) Criteria for alternative postmining land uses. Higher or better
uses may be approved by the regulatory authority as alternative
postmining land uses after consultation with the landowner or the land
management agency having jurisdiction over the lands, if the proposed
uses meet the following criteria:
(1) There is a reasonable likelihood for achievement of the use.
(2) The use does not present any actual or probable hazard to public
health or safety, or threat of water diminution or pollution.
(3) The use will not --
(i) Be impractical or unreasonable;
(ii) Be inconsistent with applicable land use policies or plans;
(iii) Involve unreasonable delay in implementation; or
(iv) Cause or contribute to violation of Federal, State, or local
law.
(d) Approximate original contour: Criteria for variance. Surface
coal mining operations that meet the requirements of this paragraph may
be conducted under a variance from the requirement to restore disturbed
areas to their approximate original contour, if the following
requirements are satisfied:
(1) The regulatory authority grants the variance under a permit
issued in accordance with 785.16 of this chapter.
(2) The alternative postmining land use requirements of paragraph (c)
of this section are met.
(3) All applicable requirements of the Act and the regulatory
program, other than the requirement to restore disturbed areas to their
approximate original contour, are met.
(4) After consultation with the appropriate land use planning
agencies, if any, the potential use is shown to constitute an equal or
better economic or public use.
(5) The proposed use is designed and certified by a qualified
registered professional engineer in conformance with professional
standards established to assure the stability, drainage, and
configuration necessary for the intended use of the site.
(6) After approval, where required, of the appropriate State
environmental agencies, the watershed of the permit and adjacent areas
is shown to be improved.
(7) The highwall is completely backfilled with spoil material, in a
manner which results in a static factor of safety of at least 1.3, using
standard geotechnical analysis.
(8) Only the amount of spoil as is necessary to achieve the
postmining land use, ensure the stability of spoil retained on the
bench, and meet all other requirements of the Act and this chapter is
placed off the mine bench. All spoil not retained on the bench shall be
placed in accordance with 816.71-816.74 of this chapter.
(9) The surface landowner of the permit area has knowingly requested,
in writing, that a variance be granted, so as to render the land, after
reclamation, suitable for an industrial, commercial, residential, or
public use (including recreational facilities).
(10) Federal, State, and local government agencies with an interest
in the proposed land use have an adequate period in which to review and
comment on the proposed use.
(48 FR 39904, Sept. 1, 1983)
30 CFR 816.150 Roads: general.
(a) Road classification system. (1) Each road, as defined in 701.5
of this chapter, shall be classified as either a primary road or an
ancillary road.
(2) A primary road is any road which is-
(i) Used for transporting coal or spoil;
(ii) Frequently used for access or other purposes for a period in
excess of six months; or
(iii) To be retained for an approved postmining land use.
(3) An ancillary road is any road not classified as a primary road.
(b) Performance standards. Each road shall be located, designed,
constructed, reconstructed, used, maintained, and reclaimed so as to:
(1) Control or prevent erosion, siltation, and the air pollution
attendant to erosion, including road dust as well as dust occurring on
other exposed surfaces, by measures such as vegetating, watering, using
chemical or other dust suppressants, or otherwise stabilizing all
exposed surfaces in accordance with current, prudent engineering
practices;
(2) Control or prevent damage to fish, wildlife, or their habitat and
related environmental values;
(3) Control or prevent additional contributions of suspended solids
to stream flow or runoff outside the permit area;
(4) Neither cause nor contribute to, directly or indirectly, the
violation of State or Federal water quality standards applicable to
receiving waters;
(5) Refrain from seriously altering the normal flow of water in
streambeds or drainage channels;
(6) Prevent or control damage to public or private property,
including the prevention or mitigation of adverse effects on lands
within the boundaries of units of the National Park System, the National
Wildlife Refuge System, the National System of Trails, the National
Wilderness Preservation System, the Wild and Scenic Rivers System,
including designated study rivers, and National Recreation Areas
designated by Act of Congress;
(7) Use nonacid- and nontoxic-forming substances in road surfacing.
(c) Design and construction limits and establishment of design
criteria. To ensure environmental protection appropriate for their
planned duration and use, including consideration of the type and size
of equipment used, the design and construction or reconstruction of
roads shall incorporate appropriate limits for grade, width, surface
materials, surface drainage control, culvert placement, and culvert
size, in accordance with current, prudent engineering practices, and any
necessary design criteria established by the regulatory authority.
(d) Location. (1) No part of any road shall be located in the
channel of an intermittent or perennial stream unless specifically
approved by the regulatory authority in accordance with applicable
816.41 through 816.43 and 816.57 of this chapter.
(2) Roads shall be located to minimize downstream sedimentation and
flooding.
(e) Maintenance. (1) A road shall be maintained to meet the
performance standards of this part and any additional criteria specified
by the regulatory authority.
(2) A road damaged by a catastrophic event, such as a flood or
earthquake, shall be repaired as soon as is practicable after the damage
has occurred.
(f) Reclamation. A road not to be retained under an approved
postmining land use shall be reclaimed in accordance with the approved
reclamation plan as soon as practicable after it is no longer needed for
mining and reclamation operations. This reclamation shall include:
(1) Closing the road to traffic;
(2) Removing all bridges and culverts unless approved as part of the
postmining land use;
(3) Removing or otherwise disposing of road-surfacing materials that
are incompatible with the postmining land use and revegetation
requirements;
(4) Reshaping cut and fill slopes as necessary to be compatible with
the postmining land use and to complement the natural drainage pattern
of the surrounding terrain;
(5) Protecting the natural drainage patterns by installing dikes or
cross drains as necessary to control surface runoff and erosion; and
(6) Scarifying or ripping the roadbed; replacing topsoil or
substitute material, and revegetating disturbed surfaces in accordance
with 816.22 and 816.111 through 816.116 of this chapter.
(53 FR 45212, Nov. 8, 1988)
30 CFR 816.151 Primary roads.
Primary roads shall meet the requirements of section 816.150 and the
additional requirements of this section.
(a) Certification. The construction or reconstruction of primary
roads shall be certified in a report to the regulatory authority by a
qualified registered professional engineer, or in any State which
authorizes land surveyors to certify the construction or reconstruction
of primary roads, a qualified registered professional land surveyor with
experience in the design and construction of roads. The report shall
indicate that the primary road has been constructed or reconstructed as
designed and in accordance with the approved plan.
(b) Safety Factor. Each primary road embankment shall have a minimum
static factor of 1.3 or meet the requirements established under
780.37(c) of this chapter.
(c) Location. (1) To minimize erosion, a primary road shall be
located, insofar as is practicable, on the most stable available
surface.
(2) Fords or perennial or intermittent streams by primary roads are
prohibited unless they are specifically approved by the regulatory
authority as temporary routes during periods of road construction.
(d) Drainage control. In accordance with the approved plan --
(1) Each primary road shall be constructed or reconstructed, and
maintained to have adequate drainage control, using structures such as,
but not limited to bridges, ditches, cross drains, and ditch relief
drains. The drainage control system shall be designed to safely pass
the peak runoff from a 10-year, 6-hour precipitation event, or greater
event as specified by the regulatory authority;
(2) Drainage pipes and culverts shall be installed as designed, and
maintained in a free and operating condition and to prevent or control
erosion at inlets and outlets;
(3) Drainage ditches shall be constructed and maintained to prevent
uncontrolled drainage over the road surface and embankment;
(4) Culverts shall be installed and maintained to sustain the
vertical soil pressure, the passive resistance of the foundation, and
the weight of vehicles using the road;
(5) Natural stream channels shall not be altered or relocated without
the prior approval of the regulatory authority in accordance with
applicable 816.41 through 816.43 and 816.57 of this chapter; and
(6) Except as provided in paragraph (c)(2) of this section,
structures for perennial or intermittent stream channel crossings shall
be made using bridges, culverts, low-water crossings, or other
structures designed, constructed, and maintained using current, prudent
engineering practices. The regulatory authority shall ensure that
low-water crossings are designed, constructed, and maintained to prevent
erosion of the structure or streambed and additional contributions of
suspended solids to steamflow.
(e) Surfacing. Primary roads shall be surfaced with material
approved by the regulatory authority as being sufficiently durable for
the anticipated volume of traffic and the weight and speed of vehicles
using the road.
(53 FR 45212, Nov. 8, 1988)
30 CFR 816.180 Utility installations.
All surface coal mining operations shall be conducted in a manner
which minimizes damage, destruction, or disruption of services provided
by oil, gas, and water wells; oil, gas, and coal-slurry pipelines;
railroads; electric and telephone lines; and water and sewage lines
which pass over, under, or through the permit area, unless otherwise
approved by the owner of those facilities and the regulatory authority.
(48 FR 20401, May 5, 1983)
30 CFR 816.181 Support facilities.
(a) Support facilities shall be operated in accordance with a permit
issued for the mine or coal preparation operation to which it is
incident or from which its operation results.
(b) In addition to the other provisions of this part, support
facilities shall be located, maintained, and used in a manner that --
(1) Prevents or controls erosion and siltation, water pollution, and
damage to public or private property; and
(2) To the extent possible using the best technology currently
available --
(i) Minimizes damage to fish, wildlife, and related environmental
values; and
(ii) Minimizes additional contributions of suspended solids to
streamflow or runoff outside the permit area. Any such contributions
shall not be in excess of limitations of State or Federal law.
(48 FR 20401, May 5, 1983)
30 CFR 816.200 Interpretative rules related to general performance
standards.
The following interpretations of rules promulgated in part 816 of
this chapter have been adopted by the Office of Surface Mining
Reclamation and Enforcement.
(a) -- (b) (Reserved)
(c) Interpretation of 816.22(e) -- Topsoil Removal. (1) Results of
physical and chemical analyses of overburden and topsoil to demonstrate
that the resulting soil medium is equal to or more suitable for
sustaining revegetation than the available topsoil, provided that
trials, and tests are certified by an approved laboratory in accordance
with 30 CFR 816.22(e)(1)(ii), may be obtained from any one or a
combination of the following sources:
(i) U.S. Department of Agriculture Soil Conservation Service
published data based on established soil series;
(ii) U.S. Department of Agriculture Soil Conservation Service
Technical Guides;
(iii) State agricultural agency, university, Tennessee Valley
Authority, Bureau of Land Management or U.S. Department of Agriculture
Forest Service published data based on soil series properties and
behavior, or
(iv) Results of physical and chemical analyses, field site trials, or
greenhouse tests of the topsoil and overburden materials (soil series)
from the permit area.
(2) If the operator demonstrates through soil survey or other data
that the topsoil and unconsolidated material are insufficient and
substitute materials will be used, only the substitute materials must be
analyzed in accordance with 30 CFR 816.22(e)(1)(i).
(Secs. 501, 502, 504, 508, 515, 516, Pub. L. 95-87, 91 Stat. 467,
468, 471, 478, 492, 496 (30 U.S.C. 1251, 1252, 1254, 1258, 1265, 1266))
(45 FR 26000, Apr. 16, 1980 and 45 FR 39447, June 10, 1980, as
amended at 45 FR 73946, Nov. 7, 1980)
30 CFR 816.200 PART 817 -- PERMANENT PROGRAM PERFORMANCE STANDARDS --
UNDERGROUND MINING ACTIVITIES
Sec.
817.1 Scope.
817.2 Objectives.
817.10 Information collection.
817.11 Signs and markers.
817.13 Casing and sealing of exposed underground openings: General
requirements.
817.14 Casing and sealing of underground openings: Temporary.
817.15 Casing and sealing of underground openings: Permanent.
817.22 Topsoil and subsoil.
817.41 Hydrologic-balance protection.
817.42 Hydrologic balance: Water quality standards and effluent
limitations.
817.43 Diversions.
817.45 Hydrologic balance: Sediment control measures.
817.46 Hydrologic balance: Siltation structures.
817.47 Hydrologic balance: Discharge structures.
817.49 Impoundments.
817.56 Postmining rehabilitation of sedimentation ponds, diversions,
impoundments, and treatment facilities.
817.57 Hydrologic balance: Stream buffer zones.
817.59 Coal recovery.
817.61 Use of explosives: General requirements.
817.62 Use of explosives: Preblasting survey.
817.64 Use of explosives: General performance standards.
817.66 Use of explosives: Blasting signs, warnings, and access
controls.
817.67 Use of explosives: Control of adverse effects.
817.68 Use of explosives: Records of blasting operations.
817.71 Disposal of excess spoil: General requirements.
817.72 Disposal of excess spoil: Valley fill/head-of-hollow fills.
817.73 Disposal of excess spoil: Durable rock fills.
817.74 Disposal of excess spoil: Preexisting benches.
817.81 Coal mine waste: General requirements.
817.83 Coal mine waste: Refuse piles.
817.84 Coal mine waste: Impounding structures.
817.87 Coal mine waste: Burning and burned waste utilization.
817.89 Disposal of non-coal mine wastes.
817.95 Stabilization of surface areas.
817.97 Protection of fish, wildlife and related environmental values.
817.99 Slides and other damage.
817.100 Contemporaneous reclamation.
817.102 Backfilling and grading: General requirements.
817.106 Backfilling and grading: Previously mined areas.
817.107 Backfilling and grading: Steep slopes.
817.111 Revegetation: General requirements.
817.113 Revegetation: Timing.
817.114 Revegetation: Mulching and other soil stabilizing practice.
817.116 Revegetation: Standards for success.
817.121 Subsidence control.
817.122 Subsidence control: Public notice.
817.131 Cessation of operations: Temporary.
817.132 Cessation of operations: Permanent.
817.133 Postmining land use.
817.150 Roads: General.
817.151 Primary roads.
817.180 Utility installations.
817.181 Support facilities.
817.200 Interpretative rules related to general performance
standards.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq., as amended; sec.
115 of Pub. L. 98-146, 30 U.S.C. 1257; and Pub. L. 100-34.
Source: 44 FR 15422, Mar. 13, 1979, unless otherwise noted.
30 CFR 817.1 Scope.
This part sets forth the minimum environmental protection performance
standards to be adopted and implemented under regulatory programs for
underground mining activities.
30 CFR 817.2 Objectives.
This part is intended to ensure that all underground mining
activities are conducted in a manner which preserves and enhances
environmental and other values in accordance with the Act.
30 CFR 817.10 Information collection.
The information collection requirements contained in 30 CFR
817.46(c)(4), 817.46(r), 817.46(t), 817.49(h), 817.49(i), 817.52(a),
817.52(b)(1)(ii) and (iii), 817.53(a), 817.62, 817.65(b)(2)(iii),
817.67, 817.68, 817.71(j), 817.82(a)(4), 817.82(b), 817.87, 817.91(b),
817.95, 817.116, 817.117(b)(4), 817.117(c)(1) and (3), 817.131(b),
817.133(c)(1) thru (4), 817.133(c)(8) and (9), 817.150(d)(1),
817.152(d)(13), 817.160(d)(1) and 817.163(d) have been approved by the
Office of Management and Budget under 44 U.S.C. 3507 and assigned
clearance number 1029-0048. The information is being collected to meet
the requirements of section 516 of Pub. L. 95-87, which provides that
permittees conducting underground coal mining operations shall meet the
applicable performance standards of the Act. This information will be
used by the regulatory authority in monitoring and inspecting
underground mining activities. The obligation to respond is mandatory.
(48 FR 33687, Aug. 4, 1983)
30 CFR 817.11 Signs and markers.
(a) Specifications. Signs and markers required under this part shall
--
(1) Be posted, maintained, and removed by the person who conducts the
underground mining activities;
(2) Be of a uniform design throughout the activities that can be
easily seen and read;
(3) Be made of durable material; and
(4) Conform to local laws and regulations.
(b) Duration of maintenance. Signs and markers shall be maintained
during all activities to which they pertain.
(c) Mine and permit identification signs. (1) Identification signs
shall be displayed at each point of access from public roads to areas of
surface operations and facilities on permit areas for underground mining
activities.
(2) Signs will show the name, business address, and telephone number
of the person who conducts underground mining activities and the
identification number of the current regulatory program permit
authorizing underground mining activities.
(3) Signs shall be retained and maintained until after the release of
all bonds for the permit area.
(d) Perimeter markers. Each person who conducts underground mining
activities shall clearly mark the perimeter of all areas affected by
surface operations or facilities before beginning mining activities.
(e) Buffer zone markers. Buffer zones required by 817.57 shall be
clearly marked to prevent disturbance by surface operations and
facilities.
(f) Topsoil markers. Where topsoil or other vegetation-supporting
material is segregated and stockpiled as required under 817.22, the
stockpiled material shall be clearly marked.
(44 FR 15422, Mar. 13, 1979, as amended at 48 FR 9809, Mar. 8, 1983;
48 FR 44781, Sept. 30, 1983)
30 CFR 817.13 Casing and sealing of exposed underground openings:
General requirements.
Each exploration hole, other drillhole or borehole, shaft, well, or
other exposed underground opening shall be cased, lined, or otherwise
managed as approved by the regulatory authority to prevent acid or other
toxic drainage from entering ground and surface waters, to minimize
disturbance to the prevailing hydrologic balance and to ensure the
safety of people, livestock, fish and wildlife, and machinery in the
permit area and adjacent area. Each exploration hole, drill hole or
borehole or well that is uncovered or exposed by mining activities
within the permit area shall be permanently closed, unless approved for
water monitoring or otherwise managed in a manner approved by the
regulatory authority. Use of a drilled hole or monitoring well as a
water well must meet the provisions of 817.41 of this part. This
section does not apply to holes drilled and used for blasting, in the
area affected by surface operations.
(44 FR 15422, Mar. 13, 1979, as amended at 48 FR 14822, Apr. 5, 1983;
48 FR 43992, Sept. 26, 1983)
30 CFR 817.14 Casing and sealing of underground openings: Temporary.
(a) Each mine entry which is temporarily inactive, but has a further
projected useful service under the approved permit application, shall be
protected by barricades or other covering devices, fenced, and posted
with signs, to prevent access into the entry and to identify the
hazardous nature of the opening. These devices shall be periodically
inspected and maintained in good operating condition by the person who
conducts the underground mining activities.
(b) Each exploration hole, other drill hole or borehole, shaft, well,
and other exposed underground opening which has been identified in the
approved permit application for use to return underground development
waste, coal processing waste or water to underground workings, or to be
used to monitor ground water conditions, shall be temporarily sealed
until actual use.
30 CFR 817.15 Casing and sealing of underground openings: Permanent.
When no longer needed for monitoring or other use approved by the
regulatory authority upon a finding of no adverse environmental or
health and safety effects, or unless approved for transfer as a water
well under 817.41, each shaft, drift, adit, tunnel, exploratory hole,
entryway or other opening to the surface from underground shall be
capped, sealed, backfilled, or otherwise properly managed, as required
by the regulatory authority in accordance with 817.13 and consistent
with 30 CFR 75.1771. Permanent closure measures shall be designed to
prevent access to the mine workings by people, livestock, fish and
wildlife, machinery and to keep acid or other toxic drainage from
entering ground or surface waters.
(44 FR 15422, Mar. 13, 1979, as amended at 48 FR 43992, Sept. 26,
1983)
30 CFR 817.22 Topsoil and subsoil.
(a) Removal. (1)(i) All topsoil shall be removed as a separate layer
from the area to be disturbed, and segregated.
(ii) Where the topsoil is of insufficient quantity or of poor quality
for sustaining vegetation, the materials approved by the regulatory
authority in accordance with paragraph (b) of this section shall be
removed as a separate layer from the area to be disturbed, and
segregated.
(2) If topsoil is less than 6 inches thick, the operator may remove
the topsoil and the unconsolidated materials immediately below the
topsoil and treat the mixture as topsoil.
(3) The regulatory authority may choose not to require the removal of
topsoil for minor disturbances which --
(i) Occur at the site of small structures, such as power poles,
signs, or fence lines; or
(ii) Will not destroy the existing vegetation and will not cause
erosion.
(4) Timing. All materials to be removed under this section shall be
removed after the vegetative cover that would interfere with its salvage
is cleared from the area to be disturbed, but before any drilling,
blasting, mining, or other surface disturbance takes place.
(b) Substitutes and supplements. Selected overburden materials may
be substituted for, or used as a supplement to, topsoil if the operator
demonstrates to the regulatory authority that the resulting soil medium
is equal to, or more suitable for sustaining vegetation than, the
existing topsoil, and the resulting soil medium is the best available in
the permit area to support revegetation.
(c) Storage. (1) Materials removed under Paragraph (a) of this
section shall be segregated and stockpiled when it is impractical to
redistribute such materials promptly on regraded areas.
(2) Stockpiled materials shall --
(i) Be selectively placed on a stable site within the permit area;
(ii) Be protected from contaminants and unnecessary compaction that
would interfere with revegetation;
(iii) Be protected from wind and water erosion through prompt
establishment and maintenance of an effective, quick growing vegetative
cover or through other measures approved by the regulatory authority;
and
(iv) Not be moved until required for redistribution unless approved
by the regulatory authority.
(3) Where long-term surface disturbances will result from facilities
such as support facilities and preparation plants and where stockpiling
of materials removed under paragraph (a)(1) of this section would be
detrimental to the quality or quantity of those materials, the
regulatory authority may approve the temporary distribution of the soil
materials so removed to an approved site within the permit area to
enhance the current use of that site until needed for later reclamation,
provided that --
(i) Such action will not permanently diminish the capability of the
topsoil of the host site; and
(ii) The material will be retained in a condition more suitable for
redistribution than if stockpiled.
(d) Redistribution. (1) Topsoil materials removed under paragraph
(a) of this section shall be redistributed in a manner that --
(i) Achieves an approximately uniform, stable thickness consistent
with the approved postmining land use, contours, and surface-water
drainage systems;
(ii) Prevents excess compaction of the materials; and
(iii) Protects the materials from wind and water erosion before and
after seeding and planting.
(2) Before redistribution of the material removed under paragraph (a)
of this section, the regraded land shall be treated if necessary to
reduce potential slippage of the redistributed material and to promote
root penetration. If no harm will be caused to the redistributed
material and reestablished vegetation, such treatment may be conducted
after such material is replaced.
(3) The regulatory authority may choose not to require the
redistribution of topsoil or topsoil substitutes on the approved
postmining embankments of permanent impoundments or of roads if it
determines that --
(i) Placement of topsoil or topsoil substitutes on such embankments
is inconsistent with the requirement to use the best technology
currently available to prevent sedimentation, and
(ii) Such embankments will be otherwise stabilized.
(4) Nutrients and soil amendments. Nutrients and soil amendments
shall be applied to the initially redistributed material when necessary
to establish the vegetative cover.
(e) Subsoil segregation. The regulatory authority may require that
the B horizon, C horizon, or other underlying strata, or portions
thereof, be removed and segregated, stockpiled, and redistributed as
subsoil in accordance with the requirements of paragraphs (c) and (d) of
this section if it finds that such subsoil layers are necessary to
comply with the revegetation requirements of 817.111, 817.113,
817.114, and 817.116 of this chapter.
(48 FR 22101, May 16, 1983)
30 CFR 817.41 Hydrologic-balance protection.
(a) General. All underground mining and reclamation activities shall
be conducted to minimize disturbance of the hydrologic balance within
the permit and adjacent areas, to prevent material damage to the
hydrologic balance outside the permit area, and to support approved
postmining land uses in accordance with the terms and conditions of the
approved permit and the performance standards of this part. The
regulatory authority may require additional preventative, remedial, or
monitoring measures to assure that material damage to the hydrologic
balance outside the permit area is prevented. Mining and reclamation
practices that minimize water pollution and changes in flow shall be
used in preference to water treatment.
(b) Ground-water protection. In order to protect the hydrologic
balance underground mining activities shall be conducted according to
the plan approved under 784.14(g) of this chapter and the following.
(1) Ground-water quality shall be protected by handling earth
materials and runoff in a manner that minimizes acidic, toxic, or other
harmful infiltration to ground-water systems and by managing excavations
and other disturbances to prevent or control the discharge of pollutants
into the ground water.
(c) Ground-water monitoring. (1) Ground-water monitoring shall be
conducted according to the ground-water monitoring plan approved under
784.14(h) of this chapter. The regulatory authority may require
additional monitoring when necessary.
(2) Ground-water monitoring data shall be submitted every 3 months to
the regulatory authority or more frequently as prescribed by the
regulatory authority. Monitoring reports shall include analytical
results from each sample taken during the reporting period. When the
analysis of any ground-water sample indicates noncompliance with the
permit conditions, then the operator shall promptly notify the
regulatory authority and immediately take the actions provided for in
773.17(e) and 784.14(g) of this chapter.
(3) Ground-water monitoring shall proceed through mining and continue
during reclamation until bond release. Consistent with the procedures
of 774.13 of this chapter, the regulatory authority may modify the
monitoring requirements including the parameters covered and the
sampling frequency if the operator demonstrates, using the monitoring
data obtained under this paragraph, that --
(i) The operation has minimized disturbance to the prevailing
hydrologic balance in the permit and adjacent areas and prevented
material damage to the hydrologic balance outside the permit area;
water quantity and quality are suitable to support approved postmining
land uses; or
(ii) Monitoring is no longer necessary to achieve the purposes set
forth in the monitoring plan approved under 784.14(h) of this chapter.
(4) Equipment, structures, and other devices used in conjunction with
monitoring the quality and quantity of ground water onsite and offsite
shall be properly installed, maintained, and operated and shall be
removed by the operator when no longer needed.
(d) Surface-water protection. In order to protect the hydrologic
balance, underground mining activities shall be conducted according to
the plan approved under 784.14(g) of this chapter, and the following:
(1) Surface-water quality shall be protected by handling earth
materials, ground-water discharges, and runoff in a manner that
minimizes the formation of acidic or toxic drainage; prevents, to the
extent possible using the best technology currently available,
additional contribution of suspended solids to streamflow outside the
permit area; and otherwise prevent water pollution. If drainage
control, restabilization and revegetation of disturbed areas, diversion
of runoff, mulching, or other reclamation and remedial practices are not
adequate to meet the requirements of this section and 817.42, the
operator shall use and maintain the necessary water-treatment facilities
or water quality controls.
(2) Surface-water quantity and flow rates shall be protected by
handling earth materials and runoff in accordance with the steps
outlined in the plan approved under 784.14(g) of this chapter.
(e) Surface-water monitoring. (1) Surface-water monitoring shall be
conducted according to the surface-water monitoring plan approved under
784.14(i) of this chapter. The regulatory authority may require
additional monitoring when necessary.
(2) Surface-water monitoring data shall be submitted every 3 months
to the regulatory authority or more frequently as prescribed by the
regulatory authority. Monitoring reports shall include analytical
results from each sample taken during the reporting period. When the
analysis of any surface-water sample indicates noncompliance with the
permit conditions, the operator shall promptly notify the regulatory
authority and immediately take the actions provided for in 773.17(e)
and 784.14(g) of this chapter. The reporting requirements of this
paragraph do not exempt the operator from meeting any National Pollutant
Discharge Elimination System (NPDES) reporting requirements.
(3) Surface-water monitoring shall proceed through mining and
continue during reclamation until bond release. Consistent with 774.13
of this chapter, the regulatory authority may modify the monitoring
requirements, except those required by the NPDES permitting authority,
including the parameters covered and sampling frequency if the operator
demonstrates, using the monitoring data obtained under this paragraph,
that --
(i) The operation has minimized disturbance to the hydrologic balance
in the permit and adjacent areas and prevented material damage to the
hydrologic balance outside the permit area; water quantity and quality
are suitable to support approved postmining land uses; and
(ii) Monitoring is no longer necessary to achieve the purposes set
forth in the monitoring plan approved under 784.14(i) of this chapter.
(4) Equipment, structures, and other devices used in conjunction with
monitoring the quality and quantity of surface water onsite and offsite
shall be properly installed, maintained, and operated and shall be
removed by the operator when no longer needed.
(f) Acid- and toxic-forming materials. (1) Drainage from acid- and
toxic-forming materials and underground development waste into surface
water and ground water shall be avoided by --
(i) Identifying and burying and/or treating, when necessary,
materials which may adversely affect water quality, or be detrimental to
vegetation or to public health and safety if not buried and/or treated,
and
(ii) Storing materials in a manner that will protect surface water
and ground water by preventing erosion, the formation of polluted
runoff, and the infiltration of polluted water. Storage shall be
limited to the period until burial and/or treatment first become
feasible, and so long as storage will not result in any risk of water
pollution or other environmental damage.
(2) Storage, burial or treatment practices shall be consistent with
other material handling and disposal provisions of this chapter.
(g) Transfer of wells. Before final release of bond, exploratory or
monitoring wells shall be sealed in a safe and environmentally sound
manner in accordance with 817.13 and 817.15. With the prior approval
of the regulatory authority, wells may be transferred to another party
for further use. However, at a minimum, the conditions of such transfer
shall comply with State and local laws and the permittee shall remain
responsible for the proper management of the well until bond release in
accordance with 817.13 to 817.15.
(h) Discharges into an underground mine. (1) Discharges into an
underground mine are prohibited, unless specifically approved by the
regulatory authority after a demonstration that the discharge will --
(i) Minimize disturbance to the hydrologic balance on the permit
area, prevent material damage outside the permit area and otherwise
eliminate public hazards resulting from underground mining activities;
(ii) Not result in a violation of applicable water quality standards
or effluent limitations;
(iii) Be at a known rate and quality which shall meet the effluent
limitations of 817.42 for pH and total suspended solids, except that
the pH and total suspended solids limitations may be exceeded, if
approved by the regulatory authority; and
(iv) Meet with the approval of the Mine Safety and Health
Administration.
(2) Discharges shall be limited to the following:
(i) water;
(ii) Coal-processing waste;
(iii) Fly ash from a coal-fired facility;
(iv) Sludge from an acid-mine-drainage treatment facility;
(v) Flue-gas desulfurization sludge;
(vi) Inert materials used for stabilizing underground mines; and
(vii) Underground mine development wastes.
(3) Water from one underground mine may be diverted into other
underground workings according to the requirements of this section.
(i) Gravity discharges from underground mines. (1) Surface entries
and accesses to underground workings shall be located and managed to
prevent or control gravity discharge of water from the mine. Gravity
discharges of water from an underground mine, other than a drift mine
subject to paragraph (i)(2) of this section, may be allowed by the
regulatory authority if it is demonstrated that the untreated or treated
discharge complies with the performance standards of this part and any
additional NPDES permit requirements.
(2) Notwithstanding anything to the contrary in paragraph (i)(1) of
this section, the surface entries and accesses of drift mines first used
after the implementation of a State, Federal, or Federal Lands Program
and located in acid-producing or iron-producing coal seams shall be
located in such a manner as to prevent any gravity discharge from the
mine.
(48 FR 43992, Sept. 26, 1983, as amended at 52 FR 45924, Dec. 2,
1987)
30 CFR 817.42 Hydrologic balance: Water quality standards and effluent
limitations.
Discharges of water from areas disturbed by underground mining
activities shall be made in compliance with all applicable State and
Federal water quality laws and regulations and with the effluent
limitations for coal mining promulgated by the U.S. Environmental
Protection Agency set forth in 40 CFR part 434.
(47 FR 47222, Oct. 22, 1982, as amended at 48 FR 44051, Sept. 26,
1983)
30 CFR 817.43 Diversions.
(a) General requirements. (1) With the approval of the regulatory
authority, any flow from mined areas abandoned before May 3, 1978, and
any flow from undisturbed areas or reclaimed areas, after meeting the
criteria of 817.46 for siltation structure removal, may be diverted
from disturbed areas by means of temporary or permanent diversions. All
diversions shall be designed to minimize adverse impacts to the
hydrologic balance within the permit and adjacent areas, to prevent
material damage outside the permit area and to assure the safety of the
public. Diversions shall not be used to divert water into underground
mines without approval of the regulatory authority in accordance with
817.41(h).
(2) The diversion and its appurtenant structures shall be designed,
located, constructed, and maintained to --
(i) Be stable;
(ii) Provide protection against flooding and resultant damage to life
and property;
(iii) Prevent, to the extent possible using the best technology
currently available, additional contributions of suspended solids to
streamflow outside the permit area; and
(iv) Comply with all applicable local, State, and Federal laws and
regulations.
(3) Temporary diversions shall be removed when no longer needed to
achieve the purpose for which they were authorized. The land disturbed
by the removal process shall be restored in accordance with this part.
Before diversions are removed, downstream water-treatment facilities
previously protected by the diversion shall be modified or removed, as
necessary, to prevent overtopping or failure of the facilities. This
requirement shall not relieve the operator from maintaining
water-treatment facilities as otherwise required. A permanent diversion
or a stream channel reclaimed after the removal of a temorary diversion
shall be designed and constructed so as to restore or approximate the
premining characteristics of the original stream channel including the
natural riparian vegetation to promote the recovery and the enhancement
of the aquatic habitat.
(4) The regulatory authority may specify additional design criteria
for diversions to meet the requirements of this section.
(b) Diversion of perennial and intermittent streams. (1) Diversion
of perennial and intermittent streams within the permit area may be
approved by the regulatory authority after making the finding relating
to stream buffer zones called for in 30 CFR 817.57 that the diversions
will not adversely affect the water quantity and quality and related
environmental resources of the stream.
(2) The design capacity of channels for temporary and permanent
stream channel diversions shall be at least equal to the capacity of the
unmodified stream channel immediately upstream and downstream from the
diversion.
(3) The requirements of paragraph (a)(2)(ii) of this section shall be
met when the temporary and permanent diversions for perennial and
intermittent streams are designed so that the combination of channel,
bank and flood-plain configuration is adequate to pass safely the peak
runoff of a 10-year, 6-hour precipitation event for a temporary
diversion and a 100-year, 6-hour precipitation event for a permanent
diversion.
(4) The design and construction of all stream channel diversions of
perennial and intermittent streams shall be certified by a qualified
registered professional engineer as meeting the performance standards of
this part and any design criteria set by the regulatory authority.
(c) Diversion of miscellaneous flows. (1) Miscellaneous flows, which
consist of all flows except for perennial and intermittent streams, may
be diverted away from disturbed areas if required or approved by the
regulatory authority. Miscellaneous flows shall include ground-water
discharges and ephemeral streams.
(2) The design, location, construction, maintenance, and removal of
diversions of miscellaneous flows shall meet all of the performance
standards set forth in paragraph (a) of this section.
(3) The requirements of paragraph (a)(2)(ii) of this section shall be
met when the temporary and permanent diversions for miscellaneous flows
are designed so that the combination of channel, bank and flood-plain
configuration is adequate to pass safely the peak runoff of a 2-year,
6-hour precipitation event for a temporary diversion and a 10-year,
6-hour precipitation event for a permanent diversion.
(48 FR 43993, Sept. 26, 1983)
30 CFR 817.45 Hydrologic balance: Sediment control measures.
(a) Appropriate sediment control measures shall be designed,
constructed, and maintained using the best technology currently
available to:
(1) Prevent, to the extent possible, additional contributions of
sediment to stream flow or to runoff outside the permit area,
(2) Meet the more stringent of applicable State or Federal effluent
limitations,
(3) Minimize erosion to the extent possible.
(b) Sediment control measures include practices carried out within
and adjacent to the disturbed area. The sedimentation storage capacity
of practices in and downstream from the disturbed areas shall reflect
the degree to which successful mining and reclamation techniques are
applied to reduce erosion and control sediment. Sediment control
measures consist of the utilization of proper mining and reclamation
methods and sediment control practices, singly or in combination.
Sediment control methods include but are not limited to --
(1) Disturbing the smallest practicable area at any one time during
the mining operation through progressive backfilling, grading, and
prompt revegetation as required in 817.111(b);
(2) Stabilizing the backfilled material to promote a reduction of the
rate and volume of runoff in accordance with the requirements of
817.102;
(3) Retaining sediment within disturbed areas;
(4) Diverting runoff away from disturbed areas;
(5) Diverting runoff using protected channels or pipes through
disturbed areas so as not to cause additional erosion;
(6) Using straw dikes, riprap, check dams, mulches, vegetative
sediment filters, dugout ponds, and other measures that reduce overland
flow velocity, reduce runoff volume, or trap sediment;
(7) Treating with chemicals; and
(8) Treating mine drainage in underground sumps.
(44 FR 15422, Mar. 13, 1979, as amended at 48 FR 44781, Sept. 30,
1983)
30 CFR 817.46 Hydrologic balance: Siltation structures.
(a) Definitions. For purposes of this section only:
(1) Siltation structures shall mean a sedimentation pond, a series of
sedimentation ponds, or other treatment facility.
(2) Disturbed area shall not include those areas (i) in which the
only underground mining activities include diversion ditches, siltation
structures, or roads that are designed, constructed and maintained in
accordance with this part; and (ii) for which the upstream area is not
otherwise disturbed by the operator.
(3) Other treatment facilities means any chemical treatments, such as
flocculation, or machanical structures, such as clarifiers, that have a
point-source discharge and that are utilized to prevent additional
contribution of suspended solids to streamflow or runoff outside the
permit area.
(b) General requirements. (1) Additional contributions of suspended
solids and sediment to streamflow or runoff outside the permit area
shall be prevented to the extent possible using the best technology
currently available.
(2) All surface drainage from the disturbed area shall be passed
through a siltation structure before leaving the permit area, except as
provided in paragraph (b)(5) or (e) of this section.
(3) Siltation structures for an area shall be constructed before
beginning any undergound mining activities in that area, and upon
construction shall be certified by a qualified registered professional
engineer, or in any State which authorizes land surveyors to prepare and
certify plans in accordance with 784.16(a) of this chapter a qualified
registered professional land surveyor, to be constructed as designed and
as approved in the reclamation plan.
(4) Any siltation structure which impounds water shall be designed,
constructed and maintained in accordance with 817.49 of this chapter.
(5) Siltation structures shall be maintained until removal is
authorized by the regulatory authority and the disturbed area has been
stabilized and revegetated. In no case shall the structure be removed
sooner than 2 years after the last augmented seeding.
(6) When the siltation structure is removed, the land on which the
siltation structure was located shall be regraded and revegetated in
accordance with the reclamation plan and 817.111 through 817.116 of
this chapter. Sedimentation ponds approved by the regulatory authority
for retention as permanent impoundments may be exempted from this
requirement.
(7) Any point-source discharge of water from underground workings to
surface waters which does not meet the effluent limitations of 817.42
shall be passed through a siltation structure before leaving the permit
area.
(c) Sedimentation ponds. (1) Sedimentation ponds, when used, shall
--
(i) Be used individually or in series;
(ii) Be located as near as possible to the distrubed area and out of
perennial streams unless approved by the regulatory authority; and
(iii) Be designed, constructed, and maintained to --
(A) Provide adequate sediment storage volume;
(B) Provide adequate detention time to allow the effluent from the
ponds to meet State and Federal effluent limitations;
(C) Contain or treat the 10-year, 24-hour precipitation event
(''design event'') unless a lesser design event is approved by the
regulatory authority based on terrain, climate, other site-specific
conditions and on a demonstration by the operator that the effluent
limitations of 817.42 will be met;
(D) Provide a nonclogging dewatering device adequate to maintain the
detention time required under paragraph (c)(1)(iii)(B) of this section;
(E) Minimize, to the extent possible, short circuiting;
(F) Provide periodic sediment removal sufficient to maintain adequate
volume for the design event;
(G) Ensure against excessive settlement;
(H) Be free of sod, large roots, frozen soil, and acid- or
toxic-forming coal-processing waste; and
(I) Be compacted properly.
(2) Spillways. A sedimentation pond shall include either a
combination of principal and emergency spillways or a single spillway
configured as specified in paragraph (c)(2)(i) of this section, designed
and constructed to safely pass the applicable design precipitation event
specified in paragraph (c)(2)(ii) of this section, except as set forth
in paragraph (c)(2)(iii) of this section.
(i) The regulatory authority may approve a single open-channel
spillway that is:
(A) Of nonerodible construction and designed to carry sustained
flows; or
(B) Earth- or grass-lined and designed to carry short-term infrequent
flows at non-erosive velocities where sustained flows are not expected.
(ii) Except as specified in paragraph (c)(2)(iii) of this section,
the required design precipitation event for a sedimentation pond meeting
the spillway requirements of paragraph (c)(2) of this section is:
(A) For a sedimentation pond meeting the size or other criteria of
77.216(a) of this title, a 100-year 6-hour event, or greater event as
specified by the regulatory authority.
(B) For a sedimentation pond not meeting the size or other criteria
of 77.216(a) of this title, a 25-year 6-hour event, or greater event as
specified by the regulatory authority.
(iii) In lieu of meeting the requirements in paragraph (c)(2)(i) of
this section, the regulatory authority may approve a sedimentation pond
that relies primarily on storage to control the runoff from the design
precipitation event when it is demonstrated by the operator and
certified by a qualified registered professional engineer or qualified
registered professional land surveyor in accordance with 784.16(a) of
this chapter that the sedimentation pond will safely control the design
precipitation event, the water from which shall be safely removed in
accordance with current, prudent, engineering practices. Such a
sedimentation pond shall be located where failure would not be expected
to cause loss of life or serious property damage, except where:
(A) In the case of a sedimentation pond meeting the size or other
criteria of 77.216(a) of this title, it is designed to control the
precipitation of the probable maximum precipitation of a 6-hour event,
or greater event as specified by the regulatory authority; or
(B) In the case of a sedimentation pond not meeting the size or other
criteria of 77.216(a) of this title, it is designed to control the
precipitation of a 100-year 6-hour event, or greater event as specified
by the regulatory authority.
(d) Other treatment facilities. (1) Other treatment facilities shall
be designed to treat the 10-year, 24-hour precipitation even unless a
lesser design event is approved by the regulatory authority based on
terrain, climate, other site-specific conditions and a demonstration by
the operator that the effluent limitations of 817.42 will met.
(2) Other treatment facilities shall be designed in accordance with
the applicable requirements of paragraph (c) of this section.
(e) Exemptions. Exemptions to the requirements of this section may
be granted if --
(1) The disturbed drainage area within the total disturbed area is
small; and
(2) The operator demonstrates that siltation structures and alternate
sediment control measures are not necessary for drainage from the
disturbed drainage areas to meet the effluent limitations under 817.42
and the applicable State and Federal water quality standards for the
receiving waters.
(48 FR 44051, Sept. 26, 1983, as amended at 53 FR 43607, Oct. 27,
1988)
Editorial Note: At 51 FR 41962, Nov. 20, 1986, paragraph (b)(2) of
817.46 was suspended.
30 CFR 817.47 Hydrologic balance: Discharge structures.
Discharge from sedimentation ponds, permanent and temporary
impoundments, coal processing waste dams and embankments, and diversions
shall be controlled, by energy dissipators, riprap channels, and other
devices, where necessary, to reduce erosion, to prevent deepening or
enlargement of stream channels, and to minimize disturbance of the
hydrologic balance. Discharge structures shall be designed according to
standard engineering design procedures.
30 CFR 817.49 Impoundments.
(a) General requirements. The requirements of this paragraph apply
to both temporary and permanent impoundments.
(1) An impoundment meeting the size or other criteria of 77.216(a)
of this title shall comply with the requirements of 77.216 of this
title and this section.
(2) Design certification. The design of impoundments shall be
certified in accordance with 784.16(a) of this chapter as designed to
meet the requirements of this part using current, prudent, engineering
practices and any design criteria established by the regulatory
authority. The qualified, registered, professional engineer or
qualified, registered, professional, land surveyor shall be experienced
in the design and construction or impoundments.
(3) Stability. (i) An impoundment meeting the size or other criteria
of 77.216(a) of this title or located where failure would be expected
to cause loss of life or serious property damage shall have a minimum
static safety factor of 1.5 for a normal pool with steady state seepage
saturation conditions, and a seismic safety factor of at least 1.2.
(ii) Impoundments not meeting the size or other criteria of
77.216(a) of this title, except for a coal mine waste impounding
structure, and located where failure would not be expected to cause loss
of life or serious property damage shall have a minimum static safety
factor of 1.3 for a normal pool with steady state seepage saturation
conditions or meet the requirements of 784.16(c)(3).
(4) Freeboard. Impoundments shall have adequate freeboard to resist
overtopping by waves and by sudden increases in storage volume.
(5) Foundation. (i) Foundations and abutments for an impounding
structure shall be stable during all phases of construction and
operation and shall be designed based on adequate and accurate
information on the foundation conditions. For an impoundment meeting
the size or other criteria of 77.216(a) of this title, foundation
investigation, as well as any necessary laboratory testing of foundation
material, shall be performed to determine the design requirements for
foundation stability.
(ii) All vegetative and organic materials shall be removed and
foundations excavated and prepared to resist failure. Cutoff trenches
shall be installed if necessary to ensure stability.
(6) Slope protection shall be provided to protect against surface
erosion at the site and protect against sudden drawdown.
(7) Faces of embankments and surrounding areas shall be vegetated,
except that faces where water is impounded may be riprapped or otherwise
stabilized in accordance with accepted design practices.
(8) Spillways. An impoundment shall include either a combination of
principal and emergency spillways or a single spillway configured as
specified in paragraph (a)(8)(i) of this section, designed and
constructed to safely pass the applicable design precipitation event
specified in paragraph (a)(8)(ii) of this section, except as set forth
in paragraph (c)(2) of this section.
(i) The regulatory authority may approve a single open-channel
spillway that is:
(A) Of nonerodible construction and designed to carry sustained
flows; or
(B) Earth- or grass-lined and designed to carry short-term,
infrequent flows at non-erosive velocities where sustained flows are not
expected.
(ii) Except as specified in paragraph (c)(2) of this section, the
required design precipitation event for an impoundment meeting the
spillway requirements of paragraph (a)(8) of this section is:
(A) For an impoundment meeting the size or other criteria of
77.216(a) of this title, a 100-year 6-hour event, or greater event as
specified by the regulatory authority.
(B) For an impoundment not meeting the size or other criteria of
77.216(a) of this title, a 25-year 6-hour event, or greater event as
specified by the regulatory authority.
(9) The vertical portion of any remaining highwall shall be located
far enough below the low-water line along the full extent of highwall to
provide adequate safety and access for the proposed water users.
(10) Inspections. Except as provided in paragraph (a)(10)(iv) of
this section, a qualified registered professional engineer or other
qualified professional specialist under the direction of a professional
engineer, shall inspect each impoundment as provided in paragraph
(a)(10)(i) of this section. The professional engineer or specialist
shall be experienced in the construction of impoundments.
(i) Inspections shall be made regularly during construction, upon
completion of construction, and at least yearly until removal of the
structure or release of the performance bond.
(ii) The qualified registered professional engineer, or qualified
registered professional land surveyor as specified in paragraph
(a)(10)(iv) of this section, shall promptly after each inspection
required in paragraph (a)(10)(i) of this section provide to the
regulatory authority a certified report that the impoundment has been
constructed and/or maintained as designed and in accordance with the
approved plan and this chapter. The report shall include discussion of
any appearance of instability, structural weakness or other hazardous
condition, depth and elevation of any impounded waters, existing storage
capacity, any existing or required monitoring procedures and
instrumentation, and any other aspects of the structure affecting
stability.
(iii) A copy of the report shall be retained at or near the minesite.
(iv) In any State which authorizes land surveyors to prepare and
certify plans in accordance with 784.16(a) of this chapter, a qualified
registered professional land surveyor may inspect any temporary or
permanent impoundment that does not meet the size or other criteria of
77.216(a) of this title and certify and submit the report required by
paragraph (a)(10)(ii) of this section, except that all coal mine waste
impounding structures covered by 817.84 of this chapter shall be
certified by a qualified registered professional engineer. The
professional land surveyor shall be experienced in the construction of
impoundments.
(11) Impoundments subject to 77.216 of this title must be examined
in accordance with 77.216-3 of this title. Other impoundments shall be
examined at least quarterly by a qualified person designated by the
operator for appearance of structural weakness and other hazardous
conditions.
(12) Emergency procedures. If any examination or inspection
discloses that a potential hazard exists, the person who examined the
impoundment shall promptly inform the regulatory authority of the
finding and of the emergency procedures formulated for public protection
and remedial action. If adequate procedures cannot be formulated or
implemented, the regulatory authority shall be notified immediately.
The regulatory authority shall then notify the appropriate agencies that
other emergency procedures are required to protect the public.
(b) Permanent impoundments. A permanent impoundment of water may be
created, if authorized by the regulatory authority in the approved
permit based upon the following demonstration:
(1) The size and configuration of such impoundment will be adequate
for its intended purposes.
(2) The quality of impounded water will be suitable on a permanent
basis for its intended use and, after reclamation, will meet applicable
State and Federal water quality standards, and discharges from the
impoundment will meet applicable effluent limitations and will not
degrade the quality of receiving water below applicable State and
Federal water quality standards.
(3) The water level will be sufficiently stable and be capable of
supporting the intended use.
(4) Final grading will provide for adequate safety and access for
proposed water users.
(5) The impoundment will not result in the diminution of the quality
and quantity of water utilized by adjacent or surrounding landowners for
agricultural, industrial, recreational, or domestic uses.
(6) The impoundment will be suitable for the approved postmining land
use.
(c) Temporary impoundments. (1) The regulatory authority may
authorize the construction of temporary impoundments as part of
underground mining activities.
(2) In lieu of meeting the requirements in paragraph (a)(8)(i) of
this section, the regulatory authority may approve an impoundment that
relies primarily on storage to control the runoff from the design
precipitation event when it is demonstrated by the operator and
certified by a qualified registered professional engineer or qualified
registered professional land surveyor in accordance with 784.16(a) of
this chapter that the impoundment will safely control the design
precipitation event, the water from which shall be safely removed in
accordance with current, prudent, engineering practices. Such an
impoundment shall be located where failure would not be expected to
cause loss of life or serious property damage, except where:
(i) In the case of an impoundment meeting the size or other criteria
of 77.216(a) of this title, it is designed to control the precipitation
of the probable maximum precipitation of a 6-hour event, or greater
event as specified by the regulatory authority; or
(ii) In the case of an impoundment not meeting the size or other
criteria of 77.216(a) of this title, it is designed to control the
precipitation of a 100-year 6-hour event, or greater event as specified
by the regulatory authority.
(48 FR 44005, Sept. 26, 1983, as amended at 50 FR 16200, Apr. 24,
1985; 53 FR 43607, Oct. 27, 1988)
Editorial Note: At 53 FR 43607, Oct. 27, 1988, paragraph
(a)(10)(iv) of 817.49 was revised, however paragraph (a)(10)(iv) did
not exist in the 1988 edition of this volume.
30 CFR 817.56 Postmining rehabilitation of sedimentation ponds,
diversions, impoundments, and treatment facilities.
Before abandoning a permit area or seeking bond release, the operator
shall ensure that all temporary structures are removed and reclaimed,
and that all permanent sedimentation ponds, diversions, impoundments,
and treatment facilities meet the requirements of this chapter for
permanent structures, have been maintained properly, and meet the
requirements of the approved reclamation plan for permanent structures
and impoundments. The operator shall renovate such structures if
necessary to meet the requirements of this chapter and to conform to the
approved reclamation plan.
(48 FR 44006, Sept. 26, 1983)
30 CFR 817.57 Hydrologic balance: Stream buffer zones.
(a) No land within 100 feet of a perennial stream or an intermittent
stream shall be disturbed by underground mining activities, unless the
regulatory authority specifically authorizes underground mining
activities closer to, or through, such a stream. The regulatory
authority may authorize such activities only upon finding that --
(1) Underground mining activities will not cause or contribute to the
violation of applicable State or Federal water quality standards and
will not adversely affect the water quantity and quality or other
environmental resources of the stream; and
(2) If there will be a temporary or permanent stream-channel
diversion, it will comply with 817.43.
(b) The area not to be disturbed shall be designated as a buffer
zone, and the operator shall mark it as specified in 817.11.
(48 FR 30328, June 30, 1983, as amended at 48 FR 44781, Sept. 30,
1983)
30 CFR 817.59 Coal recovery.
Underground mining activities shall be conducted so as to maximize
the utilization and conservation of the coal, while utilizing the best
technology currently available to maintain environmental integrity, so
that reaffecting the land in the future through surface coal mining
operations is minimized.
30 CFR 817.61 Use of explosives: General requirements.
(a) Sections 817.61 -- 817.68 apply to surface blasting activities
incident to underground coal mining, including, but not limited to,
initial rounds of slopes and shafts.
(b) Each operator shall comply with all applicable State and Federal
laws and regulations in the use of explosives.
(c) Blasters. (1) No later than 12 months after the blaster
certification program for a State required by part 850 of this chapter
has been approved under the procedures of subchapter C of this chapter,
all surface blasting operations incident to underground mining in that
State shall be conducted under the direction of a certified blaster.
Before that time, all such blasting operations in that State shall be
conducted by competent, experienced persons who understand the hazards
involved.
(2) Certificates of blaster certification shall be carried by
blasters or shall be on file at the permit area during blasting
operations.
(3) A blaster and at least one other person shall be present at the
firing of a blast.
(4) Any blaster who is responsible for conducting blasting operations
at a blasting site shall:
(i) Be familiar with the site-specific performance standards; and
(ii) Give direction and on-the-job training to persons who are not
certified and who are assigned to the blasting crew or assist in the use
of explosives.
(d) Blast design. (1) An anticipated blast design shall be submitted
if blasting operations will be conducted within --
(i) 1,000 feet of any building used as a dwelling, public building,
school, church or community or institutional building; or
(ii) 500 feet of active or abandoned underground mines.
(2) The blast design may be presented as part of a permit application
or at a time, before the blast, approved by the regulatory authority.
(3) The blast design shall contain sketches of the drill patterns,
delay periods, and decking and shall indicate the type and amount of
explosives to be used, critical dimensions, and the location and general
description of structures to be protected, as well as a discussion of
design factors to be used, which protect the public and meet the
applicable airblast, flyrock, and ground-vibration standards in 817.67.
(4) The blast design shall be prepared and signed by a certified
blaster.
(5) The regulatory authority may require changes to the design
submitted.
(48 FR 9492, Mar. 4, 1983, and 48 FR 9809, Mar. 8, 1983, as amended
at 51 FR 19461, May 29, 1986)
30 CFR 817.62 Use of explosives: Preblasting survey.
(a) At least 30 days before initiation of blasting, the operator
shall notify, in writing, all residents or owners of dwellings or other
structures located within 1/2 mile of the permit area how to request a
preblasting survey.
(b) A resident or owner of a dwelling or structure within 1/2 mile of
any part of the permit area may request a preblasting survey. This
request shall be made, in writing, directly to the operator or to the
regulatory authority, who shall promptly notify the operator. The
operator shall promptly conduct a preblasting survey of the dwelling or
structure and promptly prepare a written report of the survey. An
updated survey of any additions, modifications, or renovations shall be
performed by the operator if requested by the resident or owner.
(c) The operator shall determine the condition of the dwelling or
structure and shall document any preblasting damage and other physical
factors that could reasonably be affected by the blasting. Structures
such as pipelines, cables, transmission lines, and cisterns, wells, and
other water systems warrant special attention; however, the assessment
of these structures may be limited to surface conditions and other
readily available data.
(d) The written report of the survey shall be signed by the person
who conducted the survey. Copies of the report shall be promptly
provided to the regulatory authority and to the person requesting the
survey. If the person requesting the survey disagrees with the contents
and/or recommendations contained therein, he or she may submit to both
the operator and the regulatory authority a detailed description of the
specific areas of disagreement.
(e) Any surveys requested more than 10 days before the planned
initiation of blasting shall be completed by the operator before the
initiation of blasting.
(48 FR 9809, Mar. 8, 1983)
30 CFR 817.64 Use of explosives: General performance standards.
(a) The operator shall notify, in writing, residents within 1/2 mile
of the blasting site and local governments of the proposed times and
locations of blasting operations. Such notice of times that blasting is
to be conducted may be announced weekly, but in no case less than 24
hours before blasting will occur.
(b) Unscheduled blasts may be conducted only where public or operator
health and safety so requires and for emergency blasting actions. When
an operator conducts an unscheduled surface blast incidental to
underground coal mining operations, the operator, using audible signals,
shall notify residents within 1/2 mile of the blasting site and document
the reason in accordance with 817.68(p).
(c) All blasting shall be conducted between sunrise and sunset unless
nighttime blasting is approved by the regulatory authority based upon a
showing by the operator that the public will be protected from adverse
noise and other impacts. The regulatory authority may specify more
restrictive time periods for blasting.
(48 FR 9809, Mar. 8, 1983)
30 CFR 817.66 Use of explosives: Blasting signs, warnings, and access
control.
(a) Blasting signs. Blasting signs shall meet the specifications of
817.11. The operator shall --
(1) Conspicuously place signs reading ''Blasting Area'' along the
edge of any blasting area that comes within 100 feet of any public-road
right-of-way, and at the point where any other road provides access to
the blasting area; and
(2) At all entrances to the permit area from public roads or
highways, place conspicuous signs which state ''Warning! Explosives in
Use,'' which clearly list and describe the meaning of the audible blast
warning and all-clear signals that are in use, and which explain the
marking of blasting areas and charged holes awaiting firing within the
permit area.
(b) Warnings. Warning and all-clear signals of different character
or pattern that are audible within a range of 1/2 mile from the point of
the blast shall be given. Each person within the permit area and each
person who resides or regularly works within 1/2 mile of the permit area
shall be notified of the meaning of the signals in the blasting
notification required in 817.64(a).
(c) Access control. Access within the blasting areas shall be
controlled to prevent presence of livestock or unauthorized persons
during blasting and until an authorized representative of the operator
has reasonably determined that --
(1) No unusual hazards, such as imminent slides or undetonated
charges, exist; and
(2) Access to and travel within the blasting area can be safely
resumed.
(48 FR 9810, Mar. 8, 1983)
30 CFR 817.67 Use of explosives: Control of adverse effects.
(a) General requirements. Blasting shall be conducted to prevent
injury to persons, damage to public or private property outside the
permit area, adverse impacts on any underground mine, and change in the
course, channel, or availability of surface or ground water outside the
permit area.
(b) Airblast -- (1) Limits. (i) Airblast shall not exceed the
maximum limits listed below at the location of any dwelling, public
building, school, church, or community or institutional building outside
the permit area, except as provided in paragraph (e) of this section.
(ii) If necessary to prevent damage, the regulatory authority may
specify lower maximum allowable airblast levels than those of paragraph
(b)(1)(i) of this section for use in the vicinity of a specific blasting
operation.
(2) Monitoring. (i) The operator shall conduct periodic monitoring
to ensure compliance with the airblast standards. The regulatory
authority may require airblast measurement of any or all blasts and may
specify the locations at which such measurements are taken.
(ii) The measuring systems used shall have an upper-end
flat-frequency response of at least 200 Hz.
(c) Flyrock. Flyrock travelling in the air or along the ground shall
not be cast from the blasting site --
(1) More than one-half the distance to the nearest dwelling or other
occupied structure;
(2) Beyond the area of control required under 817.66(c); or
(3) Beyond the permit boundary.
(d) Ground vibration -- (1) General. In all blasting operations,
except as otherwise authorized in paragraph (e) of this section, the
maximum ground vibration shall not exceed the values approved by the
regulatory authority. The maximum ground vibration for protected
structures listed in paragraph (d)(2)(i) of this section shall be
established in accordance with either the maximum peak-particle-velocity
limits of paragraph (d)(2), the scaled-distance equation of paragraph
(d)(3), the blasting-level chart of paragraph (d)(4) of this section, or
by the regulatory authority under paragraph (d)(5) of this section. All
structures in the vicinity of the blasting area, not listed in paragraph
(d)(2)(i) of this section, such as water towers, pipelines and other
utilities, tunnels, dams, impoundments, and underground mines shall be
protected from damage by establishment of a maximum allowable limit on
the ground vibration, submitted by the operator and approved by the
regulatory authority before the initiation of blasting.
(2) Maximum peak-particle velocity. (i) The maximum ground vibration
shall not exceed the following limits at the location of any dwelling,
public building, school, church, or community or institutional building
outside the permit area:
(ii) A seismographic record shall be provided for each blast.
(3) Scaled-distance equation. (i) An operator may use the
scaled-distance equation, W=(D/Ds) /2/ , to determine the allowable
charge weight of explosives to be detonated in any 8-millisecond period,
without seismic monitoring; where W=the maximum weight of explosives,
in pounds; D=the distance, in feet, from the blasting site to the
nearest protected structure; and Ds=the scaled-distance factor, which
may initially be approved by the regulatory authority using the values
for scaled-distance factor listed in paragraph (d)(2)(i) of this
section.
(ii) The development of a modified scaled-distance factor may be
authorized by the regulatory authority on receipt of a written request
by the operator, supported by seismographic records of blasting at the
minesite. The modified scaled-distance factor shall be determined such
that the particle velocity of the predicted ground vibration will not
exceed the prescribed maximum allowable peak particle velocity of
paragraph (d)(2)(i) of this section, at a 95-percent confidence level.
(4) Blasting-level chart. (i) An operator may use the
ground-vibration limits in Figure 1 to determine the maximum allowable
ground vibration.
Insert Illus. 369B
(ii) If the Figure 1 limits are used, a seismographic record
including both particle velocity and vibration-frequency levels shall be
provided for each blast. The method for the analysis of the predominant
frequency contained in the blasting records shall be approved by the
regulatory authority before application of this alternative blasting
criterion.
(5) The maximum allowable ground vibration shall be reduced by the
regulatory authority beyond the limits otherwise provided by this
section, if determined necessary to provide damage protection.
(6) The regulatory authority may require an operator to conduct
seismic monitoring of any or all blasts and may specify the location at
which the measurements are taken and the degree of detail necessary in
the measurement.
(e) The maximum airblast and ground-vibration standards of paragraphs
(b) and (d) of this section shall not apply at the following locations:
(1) At structures owned by the permittee and not leased to another
person,
(2) At structures owned by the permittee and leased to another
person, if a written waiver by the lessee is submitted to the regulatory
authority before blasting.
(48 FR 9810, Mar. 8, 1983, as amended at 48 FR 44781, Sept. 30, 1983)
30 CFR 817.68 Use of explosives: Records of blasting operations.
The operator shall retain a record of all blasts for at least 3
years. Upon request, copies of these records shall be made available to
the regulatory authority and to the public for inspection. Such records
shall contain the following data:
(a) Name of the operator conducting the blast.
(b) Location, date, and time of the blast.
(c) Name, signature, and certification number of the blaster
conducting the blast.
(d) Identification, direction, and distance, in feet, from the
nearest blast hole to the nearest dwelling, public building, school,
church, community or institutional building outside the permit area,
except those described in 817.67 (e).
(e) Weather conditions, including those which may cause possible
adverse blasting effects.
(f) Type of material blasted.
(g) Sketches of the blast pattern including number of holes, burden,
spacing, decks, and delay pattern.
(h) Diameter and depth of holes.
(i) Types of explosives used.
(j) Total weight of explosives used per hole.
(k) The maximum weight of explosives detonated in an 8-millisecond
period.
(l) Initiation system.
(m) Type and length of stemming.
(n) Mats or other protections used.
(o) Seismographic and airblast records, if required, which shall
include --
(1) Type of instrument, sensitivity, and calibration signal or
certification of annual calibration;
(2) Exact location of instrument and the date, time, and distance
from the blast;
(3) Name of the person and firm taking the reading;
(4) Name of the person and firm analyzing the seismographic record;
and
(5) The vibration and/or airblast level recorded.
(p) Reasons and conditions for each unscheduled blast.
(48 FR 9811, Mar. 8, 1983)
30 CFR 817.71 Disposal of excess spoil: General requirements.
(a) General. Excess spoil shall be placed in designated disposal
areas within the permit area, in a controlled manner to --
(1) Minimize the adverse effects of leachate and surface water runoff
from the fill on surface and ground waters;
(2) Ensure mass stability and prevent mass movement during and after
construction; and
(3) Ensure that the final fill is suitable for reclamation and
revegetation compatible with the natural surroundings and the approved
postmining land use.
(b) Design certification. (1) The fill and appurtenant structures
shall be designed using current, prudent engineering practices and shall
meet any design criteria established by the regulatory authority. A
qualified registered professional engineer experienced in the design of
earth and rock fills shall certify the design of the fill and
appurtenant structures.
(2) The fill shall be designed to attain a minimum long-term static
safety factor of 1.5. The foundation and abutments of the fill must be
stable under all conditions of construction.
(c) Location. The disposal area shall be located on the most
moderately sloping and naturally stable areas available, as approved by
the regulatory authority, and shall be placed, where possible, upon or
above a natural terrace, bench, or berm, if such placement provides
additional stability and prevents mass movement.
(d) Foundation. (1) Sufficient foundation investigations, as well as
any necessary laboratory testing of foundation material, shall be
performed in order to determine the design requirements for foundation
stability. The analyses of foundation conditions shall take into
consideration the effect of underground mine workings, if any, upon the
stability of the fill and appurtenant structures.
(2) When the slope in the disposal area is in excess of 2.8h:lv (36
percent), or such lesser slope as may be designated by the regulatory
authority based on local conditions, keyway cuts (excavations to stable
bedrock) or rock toe buttresses shall be constructed to ensure stability
of the fill. Where the toe of the spoil rests on a downslope, stability
analyses shall be performed in accordance with 784.19 of this chapter
to determine the size of rock toe buttresses and keyway cuts.
(e) Placement of excess spoil. (1) All vegetative and organic
materials shall be removed from the disposal area prior to placement of
excess spoil. Topsoil shall be removed, segregated and stored or
redistributed in accordance with 817.22. If approved by the regulatory
authority, organic material may be used as mulch or may be included in
the topsoil to control erosion, promote growth of vegetation or increase
the moisture retention of the soil.
(2) Excess spoil shall be transported and placed in a controlled
manner in horizontal lifts not exceeding 4 feet in thickness;
concurrently compacted as necessary to ensure mass stability and to
prevent mass movement during and after construction; graded so that
surface and subsurface drainage is compatible with the natural
surroundings; and covered with topsoil or substitute material in
accordance with 817.22 of this chapter. The regulatory authority may
approve a design which incorporates placement of excess spoil in
horizontal lifts other than 4 feet in thickness when it is demonstrated
by the operator and certified by a qualified registered professional
engineer that the design will ensure the stability of the fill and will
meet all other applicable requirements.
(3) The final configuration of the fill shall be suitable for the
approved postmining land use. Terraces may be constructed on the
outslope of the fill if required for stability, control of erosion, to
conserve soil moisture, or to facilitate the approved postmining land
use. The grade of the outslope between terrace benches shall not be
steeper than 2h:lv (50 percent).
(4) No permanent impoundments are allowed on the completed fill.
Small depressions may be allowed by the regulatory authority if they are
needed to retain moisture, minimize erosion, create and enhance wildlife
habitat, or assist revegetation; and if they are not incompatible with
the stability of the fill.
(5) Excess spoil that is acid- or toxic-forming or combustible shall
be adequately covered with nonacid, nontoxic and noncombustible
material, or treated, to control the impact on surface and ground water
in accordance with 817.41, to prevent sustained combustion, and to
minimize adverse effects on plant growth and the approved postmining
land use.
(f) Drainage control. (1) If the disposal area contains springs,
natural or manmade water courses, or wet weather seeps, the fill design
shall include diversions and underdrains as necessary to control
erosion, prevent water infiltration into the fill, and ensure stability.
(2) Diversions shall comply with the requirements of 817.43.
(3) Underdrains shall consist of durable rock or pipe, be designed
and constructed using current, prudent engineering practices and meet
any design criteria established by the regulatory authority. The
underdrain system shall be designed to carry the anticipated seepage of
water due to rainfall away from the excess spoil fill and from seeps and
springs in the foundation of the disposal area and shall be protected
from piping and contamination by an adequate filter. Rock underdrains
shall be constructed of durable, nonacid-, nontoxic-forming rock (e.g.,
natural sand and gravel, sandstone, limestone, or other durable rock)
that does not slake in water or degrade to soil materials, and which is
free of coal, clay or other nondurable material. Perforated pipe
underdrains shall be corrosion resistant and shall have characteristics
consistent with the long-term life of the fill.
(g) Surface area stabilization. Slope protection shall be provided
to minimize surface erosion at the site. All disturbed areas, including
diversion channels that are not riprapped or otherwise protected, shall
be revegetated upon completion of construction.
(h) Inspections. A qualified registered professional engineer or
other qualified professional specialist under the direction of the
professional engineer, shall periodically inspect the fill during
construction. The professional engineer or specialist shall be
experienced in the construction of earth and rock fills.
(1) Such inspections shall be made at least quarterly throughout
construction and during critical construction periods. Critical
construction periods shall include at a minimum: (i) Foundation
preparation, including the removal of all organic material and topsoil;
(ii) placement of underdrains and protective filter systems; (iii)
installation of final surface drainage systems; and (iv) the final
graded and revegetated fill. Regular inspections by the engineer or
specialist shall also be conducted during placement and compaction of
fill materials.
(2) The qualified registered professional engineer shall provide a
certified report to the regulatory authority promptly after each
inspection that the fill has been constructed and maintained as designed
and in accordance with the approved plan and this chapter. The report
shall include appearances of instability, structural weakness, and other
hazardous conditions.
(3)(i) The certified report on the drainage system and protective
filters shall include color photographs taken during and after
construction, but before underdrains are covered with excess spoil. If
the underdrain system is constructed in phases, each phase shall be
certified separately.
(ii) Where excess durable rock spoil is placed in single or multiple
lifts such that the underdrain system is constructed simultaneously with
excess spoil placement by the natural segregation of dumped materials,
in accordance with 817.73, color photographs shall be taken of the
underdrain as the underdrain system is being formed.
(iii) The photographs accompanying each certified report shall be
taken in adequate size and number with enough terrain or other physical
features of the site shown to provide a relative scale to the
photographs and to specifically and clearly identify the site.
(4) A copy of each inspection report shall be retained at or near the
mine site.
(i) Coal mine waste. Coal mine waste may be disposed of in excess
spoil fills if approved by the regulatory authority and, if such waste
is --
(1) Placed in accordance with 817.83;
(2) Nontoxic and nonacid forming; and
(3) Of the proper characteristics to be consistent with the design
stability of the fill.
(j) Underground disposal. Excess spoil may be disposed of in
underground mine workings, but only in accordance with a plan approved
by the regulatory authority and MSHA under 784.25 of this chapter.
(k) Face-up operations. Spoil resulting from face-up operations for
underground coal mine development may be placed at drift entries as part
of a cut and fill structure, if the structure is less than 400 feet in
horizontal length, and designed in accordance with 817.71.
(48 FR 32927, July 19, 1983, as amended at 48 FR 44781, Sept. 30,
1983)
30 CFR 817.72 Disposal of excess spoil: Valley fill/head-of-hollow
fills.
Valley fills and head-of-hollow fills shall meet the requirements of
817.71 and the additional requirements of this section.
(a) Drainage control. (1) The top surface of the completed fill
shall be graded such that the final slope after settlement will be
toward properly designed drainage channels. Uncontrolled surface
drainage may not be directed over the outslope of the fill.
(2) Runoff from areas above the fill and runoff from the surface of
the fill shall be diverted into stabilized diversion channels designed
to meet the requirements of 817.43 and to safely pass the runoff from a
100-year, 6-hour precipitation event.
(b) Rock-core chimney drains. A rock-core chimney drain may be used
in a head-of-hollow fill, instead of the underdrain and surface
diversion system normally required, as long as the fill is not located
in an area containing intermittent or perennial streams. A rock-core
chimney drain may be used in a valley fill if the fill does not exceed
250,000 cubic yards of material and upstream drainage is diverted around
the fill. The alternative rock-core chimney drain system shall be
incorporated into the design and construction of the fill as follows:
(1) The fill shall have, along the vertical projection of the main
buried stream channel or rill, a vertical core of durable rock at least
16 feet thick which shall extend from the toe of the fill to the head of
the fill, and from the base of the fill to the surface of the fill. A
system of lateral rock underdrains shall connect this rock core to each
area of potential drainage or seepage in the disposal area. The
underdrain system and rock core shall be designed to carry the
anticipated seepage of water due to rainfall away from the excess spoil
fill and from seeps and springs in the foundation of the disposal area.
Rocks used in the rock core and underdrains shall meet the requirements
of 817.71(f).
(2) A filter system to ensure the proper long-term functioning of the
rock core shall be designed and constructed using current, prudent
engineering practices.
(3) Grading may drain surface water away from the outslope of the
fill and toward the rock core. In no case, however, may intermittent or
perennial streams be diverted into the rock core. The maximum slope of
the top of the fill shall be 33h:lv (3 percent). A drainage pocket may
be maintained at the head of the fill during and after construction, to
intercept surface runoff and discharge the runoff through or over the
rock drain, if stability of the fill is not impaired. In no case shall
this pocket or sump have a potential capacity for impounding more than
10,000 cubic feet of water. Terraces on the fill shall be graded with a
3 to 5 percent grade toward the fill and a 1 percent slope toward the
rock core.
(48 FR 32928, July 19, 1983)
30 CFR 817.73 Disposal of excess spoil: Durable rock fills.
The regulatory authority may approve the alternative method of
disposal of excess durable rock spoil by gravity placement in single or
multiple lifts, provided the following conditions are met:
(a) Except as provided in this section, the requirements of 817.71
are met.
(b) The excess spoil consists of at least 80 percent, by volume,
durable, nonacid- and nontoxic-forming rock (e.g., sandstone or
limestone) that does not slake in water and will not degrade to soil
material. Where used, noncemented clay shale, clay spoil, soil or other
nondurable excess spoil material shall be mixed with excess durable rock
spoil in a controlled manner such that no more than 20 percent of the
fill volume, as determined by tests performed by a registered engineer
and approved by the regulatory authority, is not durable rock.
(c) A qualified registered professional engineer certifies that the
design will ensure the stability of the fill and meet all other
applicable requirements.
(d) The fill is designed to attain a minimum long-term static safety
factor of 1.5, and an earthquake safety factor of 1.1.
(e) The underdrain system may be constructed simultaneously with
excess spoil placement by the natural segregation of dumped materials,
provided the resulting underdrain system is capable of carrying
anticipated seepage of water due to rainfall away from the excess spoil
fill and from seeps and springs in the foundation of the disposal area
and the other requirements for drainage control are met.
(f) Surface water runoff from areas adjacent to and above the fill is
not allowed to flow onto the fill and is diverted into stabilized
diversion channels designed to meet the requirements of 817.43 and to
safely pass the runoff from a 100-year, 6-hour precipitation event.
(48 FR 32929, July 19, 1983)
30 CFR 817.74 Disposal of excess spoil: Preexisting benches.
(a) The regulatory authority may approve the disposal of excess spoil
through placement on a preexisting bench if the affected portion of the
preexisting bench is permitted and the standards set forth in 817.102
(c), (e) through (h), and (j), and the requirements of this section are
met.
(b) All vegetation and organic materials shall be removed from the
affected portion of the preexisting bench prior to placement of the
excess spoil. Any available topsoil on the bench shall be removed,
stored and redistributed in accordance with 817.22 of this part.
Substitute or supplemental materials may be used in accordance with
817.22(b) of this part.
(c) The fill shall be designed and constructed using current, prudent
engineering practices. The design will be certified by a registered
professional engineer. The spoil shall be placed on the solid portion
of the bench in a controlled manner and concurrently compacted as
necessary to attain a long term static safety factor of 1.3 for all
portions of the fill. Any spoil deposited on any fill portion of the
bench will be treated as excess spoil fill under 817.71.
(d) The preexisting bench shall be backfilled and graded to --
(1) Achieve the most moderate slope possible which does not exceed
the angle of repose;
(2) Eliminate the highwall to the maximum extent technically
practical;
(3) Minimize erosion and water pollution both on and off the site;
and
(4) If the disposal area contains springs, natural or manmade water
courses, or wet weather seeps, the fill design shall include diversions
and underdrains as necessary to control erosion, prevent water
infiltration into the fill, and ensure stability.
(e) All disturbed areas, including diversion channels that are not
riprapped or otherwise protected, shall be revegetated upon completion
of construction.
(f) Permanent impoundments may not be constructed on preexisting
benches backfilled with excess spoil under this regulation.
(g) Final configuration of the backfill must be compatible with the
natural drainage patterns and the surrounding area, and support the
approved postmining land use.
(h) Disposal of excess spoil from an upper actively mined bench to a
lower preexisting bench by means of gravity transport may be approved by
the regulatory authority provided that --
(1) The gravity transport courses are determined on a site-specific
basis by the operator as part of the permit application and approved by
the regulatory authority to minimize hazards to health and safety and to
ensure that damage will be minimized between the benches, outside the
set course, and downslope of the lower bench should excess spoil
accidentally move;
(2) All gravity transported excess spoil, including that excess spoil
immediately below the gravity transport courses and any preexisting
spoil that is disturbed, is rehandled and placed in horizontal lifts in
a controlled manner, concurrently compacted as necessary to ensure mass
stability and to prevent mass movement, and graded to allow surface and
subsurface drainage to be compatible with the natural surroundings and
to ensure a minimum long-term static safety factor of 1.3. Excess spoil
on the bench prior to the current mining operation that is not disturbed
need not be rehandled except where necessary to ensure stability of the
fill;
(3) A safety berm is constructed on the solid portion of the lower
bench prior to gravity transport of the excess spoil. Where there is
insufficient material on the lower bench to construct a safety berm,
only that amount of excess spoil necessary for the construction of the
berm may be gravity transported to the lower bench prior to construction
of the berm;
(4) Excess spoil shall not be allowed on the downslope below the
upper bench except on designated gravity transport courses properly
prepared according to 817.22. Upon completion of the fill, no excess
spoil shall be allowed to remain on the designated gravity transport
course between the two benches and each transport course shall be
reclaimed in accordance with the requirements of this part.
(48 FR 32929, July 19, 1983, as amended at 48 FR 44781, Sept. 30,
1983; 56 FR 65636, Dec. 17, 1991)
30 CFR 817.81 Coal mine waste: General requirements.
(a) General. All coal mine waste disposed of in an area other than
the mine workings or excavations shall be placed in new or existing
disposal areas within a permit area, which are approved by the
regulatory authority for this purpose. Coal mine waste shall be hauled
or conveyed and placed for final placement in a controlled manner to --
(1) Minimize adverse effects of leachate and surface-water runoff on
surface and ground water quality and quantity;
(2) Ensure mass stability and prevent mass movement during and after
construction;
(3) Ensure that the final disposal facility is suitable for
reclamation and revegetation compatible with the natural surroundings
and the approved postmining land use;
(4) Not create a public hazard; and
(5) Prevent combustion.
(b) Coal mine waste materials from activities located outside a
permit area may be disposed of in the permit area only if approved by
the regulatory authority. Approval shall be based upon a showing that
such disposal will be in accordance with the standards of this section.
(c) Design certification. (1) The disposal facility shall be
designed using current, prudent engineering practices and shall meet any
design criteria established by the regulatory authority. A qualified
registered professional engineer, experienced in the design of similar
earth and waste structures, shall certify the design of the disposal
facility.
(2) The disposal facility shall be designed to attain a minimum
long-term static safety factor of 1.5. The foundation and abutments must
be stable under all conditions of construction.
(d) Foundation. Sufficient foundation investigations, as well as any
necessary laboratory testing of foundation material, shall be performed
in order to determine the design requirements for foundation stability.
The analyses of the foundation conditions shall take into consideration
the effect of underground mine workings, if any, upon the stability of
the disposal facility.
(e) Emergency procedures. If any examination or inspection discloses
that a potential hazard exists, the regulatory authority shall be
informed promptly of the finding and of the emergency procedures
formulated for public protection and remedial action. If adequate
procedures cannot be formulated or implemented, the regulatory authority
shall be notified immediately. The regulatory authority shall then
notify the appropriate agencies that other emergency procedures are
required to protect the public.
(f) Underground disposal. Coal mine waste may be disposed of in
underground mine workings, but only in accordance with a plan approved
by the regulatory authority and MSHA under 784.25 of this chapter.
(48 FR 44030, Sept. 26, 1983, as amended at 56 FR 65636, Dec. 17,
1991)
Editorial Note: At 51 FR 41962, Nov. 20, 1986, in 817.81 paragraph
(a) was suspended insofar as it allows end dumping or side dumping of
coal mine waste.
30 CFR 817.83 Coal mine waste: Refuse piles.
Refuse piles shall meet the requirements of 817.81, the additional
requirements of this section, and the requirements of 77.214 and
77.215 of this title.
(a) Drainage control. (1) If the disposal area contains springs,
natural or manmade water courses, or wet weather seeps, the design shall
include diversions and underdrains as necessary to control erosion,
prevent water infiltration into the disposal facility and ensure
stability.
(2) Uncontrolled surface drainage may not be diverted over the
outslope of the refuse pile. Runoff from areas above the refuse pile
and runoff from the surface of the refuse pile shall be diverted into
stabilized diversion channels designed to meet the requirements of
817.43 to safely pass the runoff from a 100-year, 6-hour precipitation
event. Runoff diverted from undisturbed areas need not be commingled
with runoff from the surface of the refuse pile.
(3) Underdrains shall comply with the requirements of 817.71(f)(3).
(b) Surface area stabilization. Slope protection shall be provided
to minimize surface erosion at the site. All disturbed areas, including
diversion channels that are not riprapped or otherwise protected, shall
be revegetated upon completion of construction.
(c) Placement. (1) All vegetative and organic materials shall be
removed from the disposal area prior to placement of coal mine waste.
Topsoil shall be removed, segregated and stored or redistributed in
accordance with 817.22. If approved by the regulatory authority,
organic material may be used as mulch or may be included in the topsoil
to control erosion, promote growth of vegetation or increase the
moisture retention of the soil.
(2) The final configuration of the refuse pile shall be suitable for
the approved postmining land use. Terraces may be constructed on the
outslope of the refuse pile if required for stability, control of
erosion, conservation of soil moisture, or facilitation of the approved
postmining land use. The grade of the outslope between terrace benches
shall not be steeper than 2h:1v (50 percent).
(3) No permanent impoundments shall be allowed on the completed
refuse pile. Small depressions may be allowed by the regulatory
authority if they are needed to retain moisture, minimize erosion,
create and enhance wildlife habitat, or assist revegetation, and if they
are not incompatible with stability of the refuse pile.
(4) Following final grading of the refuse pile, the coal mine waste
shall be covered with a minimum of 4 feet of the best available,
nontoxic and noncombustible material, in a manner that does not impede
drainage from the underdrains. The regulatory authority may allow less
than 4 feet of cover material based on physical and chemical analyses
which show that the requirements of 817.111 through 817.116 will be
met.
(d) Inspections. A qualified registered professional engineer, or
other qualified professional specialist under the direction of the
professional engineer, shall inspect the refuse pile during
construction. The professional engineer or specialist shall be
experienced in the construction of similar earth and waste structures.
(1) Such inspection shall be made at least quarterly throughout
construction and during critical construction periods. Critical
construction periods shall include at a minimum: (i) Foundation
preparation including the removal of all organic material and topsoil;
(ii) placement of underdrains and protective filter systems; (iii)
installation of final surface drainage systems; and (iv) the final
graded and revegetated facility. Regular inspections by the engineer or
specialist shall also be conducted during placement and compaction of
coal mine waste materials. More frequent inspections shall be conducted
if a danger of harm exists to the public health and safety or the
environment. Inspections shall continue until the refuse pile has been
finally graded and revegetated or until a later time as required by the
regulatory authority.
(2) The qualified registered professional engineer shall provide a
certified report to the regulatory authority promptly after each
inspection that the refuse pile has been constructed and maintained as
designed and in accordance with the approved plan and this chapter. The
report shall include appearances of instability, structural weakness,
and other hazardous conditions.
(3) The certified report on the drainage system and protective
filters shall include color photographs taken during and after
construction, but before underdrains are covered with coal mine waste.
If the underdrain system is constructed in phases, each phase shall be
certified separately. The photographs accompanying each certified
report shall be taken in adequate size and number with enough terrain or
other physical features of the site shown to provide a relative scale to
the photographs and to specifically and clearly identify the site.
(4) A copy of each inspection report shall be retained at or near the
minesite.
(48 FR 44030, Sept. 26, 1983)
30 CFR 817.84 Coal mine waste: Impounding structures.
New and existing impounding structures constructed of coal mine waste
or intended to impound coal mine waste shall meet the requirements of
817.81.
(a) Coal mine waste shall not be used for construction of impounding
structures unless it has been demonstrated to the regulatory authority
that the stability of such a structure conforms to the requirements of
this part and the use of coal mine waste will not have a detrimental
effect on downstream water quality or the environment due to acid
seepage through the impounding structure. The stability of the
structure and the potential impact of acid mine seepage through the
impounding structure and shall be discussed in detail in the design plan
submitted to the regulatory authority in accordance with 780.25 of this
chapter.
(b)(1) Each impounding structure constructed of coal mine waste or
intended to impound coal mine waste shall be designed, constructed and
maintained in accordance with 817.49 (a) and (c). Such structures may
not be retained permanently as part of the approved postmining land use.
(2) Each impounding structure constructed of coal mine waste or
intended to impound coal mine waste that meets the criteria of
77.216(a) of this title shall have sufficient spillway capacity to
safely pass, adequate storage capacity to safely contain, or a
combination of storage capacity and spillway capacity to safely control,
the probable maximum precipitation of a 6-hour precipitation event, or
greater event as specified by the regulatory authority.
(c) Spillways and outlet works shall be designed to provide adequate
protection against erosion and corrosion. Inlets shall be protected
against blockage.
(d) Drainage control. Runoff from areas above the disposal facility
or runoff from the surface of the facility that may cause instability or
erosion of the impounding structure shall be diverted into stabilized
diversion channels designed to meet the requirements of 817.43 and
designed to safely pass the runoff from a 100-year, 6-hour design
precipitation event.
(e) Impounding structures constructed of or impounding coal mine
waste shall be designed so that at least 90 percent of the water stored
during the design precipitation event can be removed within a 10-day
period.
(f) For an impounding structure constructed of or impounding coal
mine waste, at least 90 percent of the water stored during the design
precipitation event shall be removed within the 10-day period following
the design precipitation event.
(48 FR 44031, Sept. 26, 1983, as amended at 53 FR 43608, Oct. 27,
1988)
30 CFR 817.87 Coal mine waste: Burning and burned waste utilization.
(a) Coal mine waste fires shall be extinguished by the person who
conducts the surface mining activities, in accordance with a plan
approved by the regulatory authority and the Mine Safety and Health
Administration. The plan shall contain, at a minimum, provisions to
ensure that only those persons authorized by the operator, and who have
an understanding of the procedures to be used, shall be involved in the
extinguishing operations.
(b) No burning or unburned coal mine waste shall be removed from a
permitted disposal area without a removal plan approved by the
regulatory authority. Consideration shall be given to potential hazards
to persons working or living in the vicinity of the structure.
(48 FR 44031, Sept. 26, 1983)
30 CFR 817.89 Disposal of noncoal mine wastes.
(a) Noncoal mine wastes including, but not limited to grease,
lubricants, paints, flammable liquids, garbage, abandoned mining
machinery, lumber and other combustible materials generated during
mining activities shall be placed and stored in a controlled manner in a
designated portion of the permit area. Placement and storage shall
ensure that leachate and surface runoff do not degrade surface or ground
water, that fires are prevented, and that the area remains stable and
suitable for reclamation and revegetation compatible with the natural
surroundings.
(b) Final disposal of noncoal mine wastes shall be in a designated
disposal site in the permit area or a State-approved solid waste
disposal area. Disposal sites in the permit area shall be designed and
constructed to ensure that leachate and drainage from the noncoal mine
waste area does not degrade surface or underground water. Wastes shall
be routinely compacted and covered to prevent combustion and wind-borne
waste. When the disposal is completed, a minimum of 2 feet of soil
cover shall be placed over the site, slopes stabilized, and revegetation
acomplished in accordance with 817.111 through 817.116. Operation of
the disposal site shall be conducted in accordance with all local,
State, and Federal requirements.
(c) At no time shall any noncoal mine waste be deposited in a refuse
pile or impounding structure, nor shall any excavation for a noncoal
mine waste disposal site be located within 8 feet of any coal outcrop or
coal storage area.
(48 FR 44031, Sept. 26, 1983, as amended at 56 FR 65636, Dec. 17,
1991)
30 CFR 817.95 Stabilization of surface areas.
(a) All exposed surface areas shall be protected and stabilized to
effectively control erosion and air pollution attendant to erosion.
(b) Rills and gullies which form in areas that have been regraded and
topsoiled and which either (1) disrupt the approved postmining land use
or the reestablishment of the vegetative cover, or (2) cause or
contribute to a violation of water quality standards for receiving
streams; shall be filled, regraded, or otherwise stabilized; topsoil
shall be replaced; and the areas shall be reseeded or replanted.
(48 FR 1163, Jan. 10, 1983)
30 CFR 817.97 Protection of fish, wildlife, and related environmental
values.
(a) The operator shall, to the extent possible using the best
technology currently available, minimize disturbances and adverse
impacts on fish, wildlife, and related environmental values and shall
achieve enhancement of such resources where practicable.
(b) Endangered and threatened species. No underground mining
activity shall be conducted which is likely to jeopardize the continued
existence of endangered or threatened species listed by the Secretary or
which is likely to result in the destruction or adverse modification of
designated critical habitats of such species in violation of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
The operator shall promptly report to the regulatory authority any
State- or federally-listed endangered or threatened species within the
permit area of which the operator becomes aware. Upon notification, the
regulatory authority shall consult with appropriate State and Federal
fish and wildlife agencies and, after consultation, shall identify
whether, and under what conditions, the operator may proceed.
(c) Bald and golden eagles. No underground mining activity shall be
conducted in a manner which would result in the unlawful taking of a
bald or golden eagle, its nest, or any of its eggs. The operator shall
promptly report to the regulatory authority any golden or bald eagle
nest within the permit area of which the operator becomes aware. Upon
notification, the regulatory authority shall consult with the U.S. Fish
and Wildlife Service and also, where appropriate, the State fish and
wildlife agency and, after consultation, shall identify whether, and
under what conditions, the operator may proceed.
(d) Nothing in this chapter shall authorize the taking of an
endangered or threatened species or a bald or golden eagle, its nest, or
any of its eggs in violation of the Endangered Species Act of 1973, as
amended, 16 U.S.C. 1531 et seq., or the Bald Eagle Protection Act, as
amended, 16 U.S.C. 668 et seq.
(e) Each operator shall, to the extent possible using the best
technology currently available --
(1) Ensure that electric powerlines and other transmission facilities
used for, or incidental to, underground mining activities on the permit
area are designed and constructed to minimize electrocution hazards to
raptors, except where the regulatory authority determines that such
requirements are unnecessary;
(2) Locate and operate haul and access roads so as to avoid or
minimize impacts on important fish and wildlife species or other species
protected by State or Federal law;
(3) Design fences, overland conveyors, and other potential barriers
to permit passage for large mammals except where the regulatory
authority determines that such requirements are unnecessary; and
(4) Fence, cover, or use other appropriate methods to exclude
wildlife from ponds which contain hazardous concentrations of
toxic-forming materials.
(f) Wetlands and habitats of unusually high value for fish and
wildlife. The operator conducting underground mining activities shall
avoid disturbances to, enhance where practicable, restore, or replace,
wetlands, and riparian vegetation along rivers and streams and bordering
ponds and lakes. Underground mining activities shall avoid disturbances
to, enhance where practicable, or restore, habitats of unusually high
value for fish and wildlife.
(g) Where fish and wildlife habitat is to be a postmining land use,
the plant species to be used on reclaimed areas shall be selected on the
basis of the following criteria:
(1) Their proven nutritional value for fish or wildlife.
(2) Their use as cover for fish or wildlife.
(3) Their ability to support and enhance fish or wildlife habitat
after the release of performance bonds. The selected plants shall be
grouped and distributed in a manner which optimizes edge effect, cover,
and other benefits to fish and wildlife.
(h) Where cropland is to be the postmining land use, and where
appropriate for wildlife- and crop-management practices, the operator
shall intersperse the fields with trees, hedges, or fence rows
throughout the harvested area to break up large blocks of monoculture
and to diversify habitat types for birds and other animals.
(i) Where residential, public service, or industrial uses are to be
the postmining land use, and where consistent with the approved
postmining land use, the operator shall intersperse reclaimed lands with
greenbelts utilizing species of grass, shrubs, and trees useful as food
and cover for wildlife.
(48 FR 30328, June 30, 1983, as amended at 52 FR 47360, Dec. 11,
1987)
30 CFR 817.99 Slides and other damage.
At any time a slide occurs which may have a potential adverse effect
on public, property, health, safety, or the environment, the person who
conducts the underground mining activities shall notify the regulatory
authority by the fastest available means and comply with any remedial
measures required by the regulatory authority.
30 CFR 817.100 Contemporaneous reclamation.
Reclamation efforts, including but not limited to backfilling,
grading, topsoil replacement, and revegetation, on all areas affected by
surface impacts incident to an underground coal mine shall occur as
contemporaneously as practicable with mining operations, except when
such mining operations are conducted in accordance with a variance for
concurrent surface and underground mining activities issued under
785.18 of this chapter. The regulatory authority may establish
schedules that define contemporaneous reclamation.
(48 FR 24652, June 1, 1983)
30 CFR 817.102 Backfilling and grading: General requirements.
(a) Disturbed areas shall be backfilled and graded to --
(1) Achieve the approximate original contour, except as provided in
paragraph (k) of this section;
(2) Eliminate all highwalls, spoil piles, and depressions, except as
provided in paragraph (h) (small depressions) and in paragraph (k)(2)
(previously mined highwalls) of this section;
(3) Achieve a postmining slope that does not exceed either the angle
of repose or such lesser slope as is necessary to achieve a minimum
long-term static safety factor of 1.3 and to prevent slides;
(4) Minimize erosion and water pollution both on and off the site;
and
(5) Support the approved postmining land use.
(b) Spoil, except as provided in paragraph (l) of this section, and
except excess spoil disposed of in accordance with 817.71 through
817.74, shall be returned to the mined-out surface area.
(c) Spoil and waste materials shall be compacted where advisable to
ensure stability or to prevent leaching of toxic materials.
(d) Spoil may be placed on the area outside the mined-out surface
area in nonsteep slope areas to restore the approximate original contour
by blending the spoil into the surrounding terrain if the following
requirements are met:
(1) All vegetative and organic material shall be removed from the
area.
(2) The topsoil on the area shall be removed, segregated, stored, and
redistributed in accordance with 817.22.
(3) The spoil shall be backfilled and graded on the area in
accordance with the requirements of this section.
(e) Disposal of coal processing waste and underground development
waste in the mined-out surface area shall be in accordance with 817.81
and 817.83, except that a long-term static safety factor of 1.3 shall be
achieved.
(f) Exposed coal seams, acid- and toxic-forming materials, and
combustible materials exposed, used, or produced during mining shall be
adequately covered with nontoxic and noncombustible materials, or
treated, to control the impact on surface and ground water in accordance
with 817.41, to prevent sustained combustion, and to minimize adverse
effects on plant growth and the approved postmining land use.
(g) Cut-and-fill terraces may be allowed by the regulatory authority
where --
(1) Needed to conserve soil moisture, ensure stability, and control
erosion on final-graded slopes, if the terraces are compatible with the
approved postmining land use; or
(2) Specialized grading, foundation conditions, or roads are required
for the approved postmining land use, in which case the final grading
may include a terrace of adequate width to ensure the safety, stability,
and erosion control necessary to implement the postmining land-use plan.
(h) Small depressions may be constructed if they are needed to retain
moisture, minimize erosion, create and enhance wildlife habitat, or
assist revegetation.
(i) Permanent impoundments may be approved if they meet the
requirements of 817.49 and 817.56 and if they are suitable for the
approved postmining land use.
(j) Preparation of final-graded surfaces shall be conducted in a
manner that minimizes erosion and provides a surface for replacement of
topsoil that will minimize slippage.
(k) The postmining slope may vary from the approximate original
contour when approval is obtained from the regulatory authority for --
(1) A variance from approximate original contour requirements in
accordance with 785.16 of this chapter; or
(2) Incomplete elimination of highwalls in previously mined areas in
accordance with 817.106.
(l) Regrading of settled and revegetated fills to achieve approximate
original contour at the conclusion of underground mining activities
shall not be required if the conditions of paragraph (l)(1) or (l)(2) of
this section are met.
(1)(i) Settled and revegetated fills shall be composed of spoil or
non-acid- or non-toxic-forming underground development waste.
(ii) The spoil or underground development waste shall not be located
so as to be detrimental to the environment, to the health and safety of
the public, or to the approved postmining land use.
(iii) Stability of the spoil or underground development waste shall
be demonstrated through standard geotechnical analysis to be consistent
with backfilling and grading requirements for material on the solid
bench (1.3 static safety factor) or excess spoil requirements for
material not placed on a solid bench (1.5 static safety factor).
(iv) The surface of the spoil or underground development waste shall
be vegetated according to 817.116, and surface runoff shall be
controlled in accordance with 817.43.
(2) If it is determined by the regulatory authority that disturbance
of the existing spoil or underground development waste would increase
environmental harm or adversely affect the health and safety of the
public, the regulatory authority may allow the existing spoil or
underground development waste pile to remain in place. The regulatory
authority may require stabilization of such spoil or underground
development waste in accordance with the requirements of paragraphs
(l)(1)(i) through (l)(1)(iv) of this section.
(48 FR 23370, May 24, 1983, as amended at 48 FR 41735, Sept. 16,
1983)
30 CFR 817.106 Backfilling and grading: Previously mined areas.
(a) Remining operations on previously mined areas that contain a
preexisting highwall shall comply with the requirements of 817.102
through 817.107 of this chapter, except as provided in this section.
(b) The requirements of 817.102(a) (1) and (2) requiring that
elimination of highwalls shall not apply to remining operations where
the volume of all reasonably available spoil is demonstrated in writing
to the regulatory authority to be insufficient to completely backfill
the reaffected or enlarged highwall. The highwall shall be eliminated
to the maximum extent technically practical in accordance with the
following criteria:
(1) All spoil generated by the remining operation and any other
reasonably available spoil shall be used to backfill the area.
Reasonably available spoil in the immediate vicinity of the remining
operation shall be included within the permit area.
(2) The backfill shall be graded to a slope which is compatible with
the approved postmining land use and which provides adequate drainage
and long-term stability.
(3) Any highwall remnant shall be stable and not pose a hazard to the
public health and safety or to the environment. The operator shall
demonstrate, to the satisfaction of the regulatory authority, that the
highwall remnant is stable.
(4) Spoil placed on the outslope during previous mining operations
shall not be disturbed if such disturbances will cause instability of
the remaining spoil or otherwise increase the hazard to the public
health and safety or to the environment.
(48 FR 41735, Sept. 16, 1983, as amended at 51 FR 41737, Nov. 18,
1986)
30 CFR 817.107 Backfilling and grading: Steep slopes.
(a) Underground mining activities on steep slopes shall be conducted
so as to meet the requirements of 817.102-817.106 and the requirements
of this section.
(b) The following materials shall not be placed on the downslope:
(1) Spoil.
(2) Waste materials of any type.
(3) Debris, including that from clearing and grubbing.
(4) Abandoned or disabled equipment.
(c) Land above the highwall shall not be disturbed unless the
regulatory authority finds that this disturbance will facilitate
compliance with the environmental protection standards of this
subchapter and the disturbance is limited to that necessary to
facilitate compliance.
(d) Woody materials shall not be buried in the backfilled area unless
the regulatory authority determines that the proposed method for placing
woody material within the backfill will not deteriorate the stable
condition of the backfilled area.
(48 FR 23370, May 24, 1983, as amended at 48 FR 41735, Sept. 16,
1983)
30 CFR 817.111 Revegetation: General requirements.
(a) The permittee shall establish on regraded areas and on all other
disturbed areas except water areas and surface areas of roads that are
approved as part of the postmining land use, as vegetative cover that is
in accordance with the approved permit and reclamation plan and that is
--
(1) Diverse, effective, and permanent;
(2) Comprised of species native to the area, or of introduced species
where desirable and necessary to achieve the approved postmining land
use and approved by the regulatory authority;
(3) At least equal in extent of cover to the natural vegetation of
the area; and
(4) Capable of stabilizing the soil surface from erosion.
(b) The reestablished plant species shall --
(1) Be compatible with the approved postmining land use;
(2) Have the same seasonal characteristics of growth as the original
vegetation;
(3) Be capable of self-regeneration and plant succession;
(4) Be compatible with the plant and animal species of the area; and
(5) Meet the requirements of applicable State and Federal seed,
poisonous and noxious plant, and introduced species laws or regulations.
(c) The regulatory authority may grant exception to the requirements
of paragraphs (b) (2) and (3) of this section when the species are
necessary to achieve a quick-growing, temporary, stabilizing cover, and
measures to establish permanent vegetation are included in the approved
permit and reclamation plan.
(d) When the regulatory authority approves a cropland postmining land
use, the regulatory authority may grant exceptions to the requirements
of paragraphs (a) (1), (3), (b) (2), and (3) of this section. The
requirements of part 823 of this chapter apply to areas identified as
prime farmland.
(48 FR 40161, Sept. 2, 1983)
30 CFR 817.113 Revegetation: Timing.
Disturbed areas shall be planted during the first normal period for
favorable planting conditions after replacement of the plant-growth
medium. The normal period for favorable planting is that planting time
generally accepted locally for the type of plant materials selected.
(48 FR 40161, Sept. 2, 1983)
30 CFR 817.114 Revegetation: Mulching and other soil stabilizing
practices.
Suitable mulch and other soil stabilizing practices shall be used on
all areas that have been regraded and covered by topsoil or topsoil
substitutes. The regulatory authority may waive this requirement if
seasonal, soil, or slope factors result in a condition where mulch and
other soil stabilizing practices are not necessary to control erosion
and to promptly establish an effective vegetative cover.
(48 FR 40161, Sept. 2, 1983)
30 CFR 817.116 Revegetation: Standards for success.
(a) Success of revegetation shall be judged on the effectiveness of
the vegetation for the approved postmining land use, the extent of cover
compared to the cover occurring in natural vegetation of the area, and
the general requirements of 817.111.
(1) Standards for success and statistically valid sampling techniques
for measuring success shall be selected by the regulatory authority and
included in an approved regulatory program.
(2) Standards for success shall include criteria representative of
unmined lands in the area being reclaimed to evaluate the appropriate
vegetation parameters of ground cover, production, or stocking. Ground
cover, production, or stocking shall be considered equal to the approved
success standard when they are not less than 90 percent of the success
standard. The sampling techniques for measuring success shall use a
90-percent statistical confidence interval (i.e., a one-sided test with
a 0.10 alpha error).
(b) Standards for success shall be applied in accordance with the
approved postmining land use and, at a minimum, the following
conditions:
(1) For areas developed for use as grazing land or pasture land, the
ground cover and production of living plants on the revegetated area
shall be at least equal to that of a reference area or such other
success standards approved by the regulatory authority.
(2) For areas developed for use as cropland, crop production on the
revegetated area shall be at least equal to that of a reference area or
such other success standards approved by the regulatory authority.
(3) For areas to be developed for fish and wildlife habitat,
recreation, shelter belts, or forest products, success of vegetation
shall be determined on the basis of tree and shrub stocking and
vegetative ground cover. Such parameters are described as follows:
(i) Minimum stocking and planting arrangements shall be specified by
the regulatory authority on the basis of local and regional conditions
and after consultation with and approval by the State agencies
responsible for the administration of forestry and wildlife programs.
Consultation and approval may occur on either a programwide or a
permit-specific basis.
(ii) Trees and shrubs that will be used in determining the success of
stocking and the adequacy of the plant arrangement shall have utility
for the approved postmining land use. Trees and shrubs counted in
determining such success shall be healthy and have been in place for not
less than two growing seasons. At the time of bond release, at least 80
percent of the trees and shrubs used to determine such success shall
have been in place for 60 percent of the applicable minimum period of
responsibility.
(iii) Vegetative ground cover shall not be less than that required to
achieve the approved postmining land use.
(4) For areas to be developed for industrial, commercial, or
residential use less than 2 years after regrading is completed, the
vegetative ground cover shall not be less than that required to control
erosion.
(5) For areas previously disturbed by mining that were not reclaimed
to the requirements of this subchapter and that are remined or otherwise
redisturbed by surface coal mining operations, as a minimum, the
vegetative ground cover shall be not less than the ground cover existing
before redisturbance and shall be adequate to control erosion.
(c)(1) The period of extended responsibility for successful
revegetation shall begin after the last year of augmented seeding,
fertilizing, irrigation, or other work, excluding husbandry practices
that are approved by the regulatory authority in accordance with
paragraph (c)(4) of this section.
(2) In areas of more than 26.0 inches of annual average
precipitation, the period of responsibility shall continue for a period
of not less than five full years. Vegetation parameters identified in
paragraph (b) of this section for grazing land or pasture land and
cropland shall equal or exceed the approved success standard during the
growing seasons of any two years of the responsibility period, except
the first year. Areas approved for the other uses identified in
paragraph (b) of this section shall equal or exceed the applicable
success standard during the growing season of the last year of the
responsibility period.
(3) In areas of 26.0 inches or less average annual precipitation, the
period of responsibility shall continue for a period of not less than 10
full years. Vegetation parameters identified in paragraph (b) of this
section shall equal or exceed the approved success standard for at least
the last 2 consecutive years of the responsibility period.
(4) The regulatory authority may approve selective husbandry
practices, excluding augmented seeding, fertilization, or irrigation,
provided it obtains prior approval from the Director in accordance with
732.17 of this chapter that the practices are normal husbandry
practices, without extending the period of responsibility for
revegetation success and bond liability, if such practices can be
expected to continue as part of the postmining land use or if
discontinuance of the practices after the liability period expires will
not reduce the probability of permanent revegetation success. Approved
practices shall be normal husbandry practices within the region for
unmined lands having land uses similar to the approved postmining land
use of the disturbed area, including such practices as disease, pest,
and vermin control; and any pruning, reseeding, and transplanting
specifically necessitated by such actions.
(48 FR 40161, Sept. 2, 1983, as amended at 53 FR 34643, Sept. 7,
1988)
30 CFR 817.121 Subsidence control.
(a) The operator shall either adopt measures consistent with known
technology which prevent subsidence from causing material damage to the
extent technologically and economically feasible, maximize mine
stability, and maintain the value and reasonably foreseeable use of
surface lands; or adopt mining technology which provides for planned
subsidence in a predictable and controlled manner. Nothing in this part
shall be construed to prohibit the standard method of room-and-pillar
mining.
(b) The operator shall comply with all provisions of the approved
subsidence control plan prepared pursuant to 784.20 of this chapter.
(c) The operator shall --
(1) Correct any material damage resulting from subsidence caused to
surface lands, to the extent technologically and economically feasible,
by restoring the land to a condition capable of maintaining the value
and reasonably foreseeable uses which it was capable of supporting
before subsidence; and
(2) To the extent required under applicable provisions of State law,
either correct material damage resulting from subsidence caused to any
structures or facilities by repairing the damage or compensate the owner
of such structures or facilities in the full amount of the diminution in
value resulting from the subsidence. Repair of damage includes
rehabilitation, restoration, or replacement of damaged structures or
facilities. Compensation may be accomplished by the purchase prior to
mining of a non-cancellable premium-prepaid insurance policy.
(d) Underground mining activities shall not be conducted beneath or
adjacent to (1) public buildings and facilities; (2) churches, schools,
and hospitals; or (3) impoundments with a storage capacity of 20
acre-feet or more or bodies of water with a volume of 20 acre-feet or
more, unless the subsidence control plan demonstrates that subsidence
will not cause material damage to, or reduce the reasonably foreseeable
use of, such features or facilities. If the regulatory authority
determines that it is necessary in order to minimize the potential for
material damage to the features or facilities described above or to any
aquifer or body of water that serves as a significant water source for
any public water supply system, it may limit the percentage of coal
extracted under or adjacent thereto.
(e) If subsidence causes material damage to any of the features or
facilities covered by paragraph (d) of this section, the regulatory
authority may suspend mining under or adjacent to such features or
facilities until the subsidence control plan is modified to ensure
prevention of further material damage to such features or facilities.
(f) The regulatory authority shall suspend underground mining
activities under urbanized areas, cities, towns, and communities, and
adjacent to industrial or commercial buildings, major impoundments, or
perennial streams, if imminent danger is found to inhabitants of the
urbanized areas, cities, towns, or communities.
(g) Within a schedule approved by the regulatory authority, the
operator shall submit a detailed plan of the underground workings. The
detailed plan shall include maps and descriptions, as appropriate, of
significant features of the underground mine, including the size,
configuration, and approximate location of pillars and entries,
extraction ratios, measure taken to prevent or minimize subsidence and
related damage, areas of full extraction, and other information required
by the regulatory authority. Upon request of the operator, information
submitted with the detailed plan may be held as confidential, in
accordance with the requirements of 773.13(d) of this chapter.
(48 FR 24652, June 1, 1983, as amended at 52 FR 4868, Feb. 17, 1987)
30 CFR 817.122 Subsidence control: Public notice.
At least 6 months prior to mining, or within that period if approved
by the regulatory authority, the underground mine operator shall mail a
notification to all owners and occupants of surface property and
structures above the underground workings. The notification shall
include, at a minimum, identification of specific areas in which mining
will take place, dates that specific areas will be undermined, and the
location or locations where the operator's subsidence control plan may
be examined.
(48 FR 24652, June 1, 1983)
30 CFR 817.131 Cessation of operations: Temporary.
(a) Each person who conducts underground mining activities shall
effectively support and maintain all surface access openings to
underground operations, and secure surface facilities in areas in which
there are no current operations, but operations are to be resumed under
an approved permit. Temporary abandonment shall not relieve a person of
his or her obligation to comply with any provisions of the approved
permit.
(b) Before temporary cessation of mining and reclamation operations
for a period of thirty days or more, or as soon as it is known that a
temporary cessation will extend beyond 30 days, each person who conducts
underground mining activities shall submit to the regulatory authority a
notice of intention to cease or abandon operations. This notice shall
include a statement of the exact number of surface acres and the
horizontal and vertical extent of sub-surface strata which have been in
the permit area prior to cessation or abandonment, the extent and kind
of reclamation of surface area which will have been accomplished, and
identification of the backfilling, regrading, revegetation,
environmental monitoring, underground opening closures and water
treatment activities that will continue during the temporary cessation.
30 CFR 817.132 Cessation of operations: Permanent.
(a) The person who conducts underground mining activities shall close
or backfill or otherwise permanently reclaim all affected areas, in
accordance with this chapter and according to the permit approved by the
regulatory authority.
(b) All surface equipment, structures, or other facilities not
required for continued underground mining activities and monitoring,
unless approved as suitable for the postmining land use or environmental
monitoring, shall be removed and the affected lands reclaimed.
30 CFR 817.133 Postmining land use.
(a) General. All disturbed areas shall be restored in a timely
manner to conditions that are capable of supporting --
(1) The uses they were capable of supporting before any mining; or
(2) Higher or better uses.
(b) Determining premining uses of land. The premining uses of land
to which the postmining land use is compared shall be those uses which
the land previously supported, if the land has not been previously mined
and has been properly managed. The postmining land use for land that
has been previously mined and not reclaimed shall be judged on the basis
of the land use that existed prior to any mining: Provided that, if the
land cannot be reclaimed to the land use that existed prior to any
mining because of the previously mined condition, the postmining land
use shall be judged on the basis of the highest and best use that can be
achieved which is compatible with surrounding areas and does not require
the disturbance of areas previously unaffected by mining.
(c) Criteria for alternative postmining land uses. Higher or better
uses may be approved by the regulatory authority as alternative
postmining land uses after consultation with the landowner or the land
management agency having jurisdiction over the lands, if the proposed
uses meet the following criteria:
(1) There is a reasonable likelihood for achievement of the use.
(2) The use does not present any actual or probable hazard to public
health and safety, or threat of water diminution or pollution.
(3) The use will not --
(i) Be impractical or unreasonable;
(ii) Be inconsistent with applicable land use policies or plans;
(iii) Involve unreasonable delay in implementation; or
(iv) Cause or contribute to violation of Federal, State, or local
law.
(d) Approximate original contour: Criteria for variance. Surface
coal mining operations that meet the requirements of this paragraph may
be conducted under a variance from the requirement to restore disturbed
areas to their approximate original contour, if the following
requirements are satisfied:
(1) The regulatory authority grants the variance under a permit
issued in accordance with 785.16 of this chapter.
(2) The alternative postmining land use requirements of paragraph (c)
of this section are met.
(3) All applicable requirements of the Act and the regulatory
program, other than the requirement to restore disturbed areas to their
approximate original contour, are met.
(4) After consultation with the appropriate land use planning
agencies, if any, the potential use is shown to constitute an equal or
better economic or public use.
(5) The proposed use is designed and certified by a qualified
registered professional engineer in conformance with professional
standards established to assure the stability, drainage, and
configuration necessary for the intended use of the site.
(6) After approval, where required, of the appropriate State
environmental agencies, the watershed of the permit and adjacent areas
is shown to be improved.
(7) The highwall is completely backfilled with spoil material, in a
manner which results in a static factor of safety of at least 1.3, using
standard geotechnical analysis.
(8) Only the amount of spoil as is necessary to achieve the
postmining land use, ensure the stability of spoil retained on the
bench, and meet all other requirements of the Act and this chapter is
placed off the mine bench. All spoil not retained on the bench shall be
placed in accordance with 817.71 through 817.74 of this chapter.
(9) The surface landowner of the permit area has knowingly requested,
in writing, that a variance be granted, so as to render the land, after
reclamation, suitable for an industrial, commercial, residential, or
public use (including recreational facilities).
(10) Federal, State, and local government agencies with an interest
in the proposed land use have an adequate period in which to review and
comment on the proposed use.
(48 FR 33905, Sept. 1, 1983)
30 CFR 817.150 Roads: general.
(a) Road classification system. (1) Each road, as defined in 701.5
of this chapter, shall be classified as either a primary road or an
ancillary road.
(2) A primary road is any road which is --
(i) Used for transporting coal or spoil;
(ii) Frequently used for access or other purposes for a period in
excess of six months; or
(iii) To be retained for an approval postmining land use.
(3) An ancillary road is any road not classified as a primary road
(b) Performance standards. Each road shall be located, designed,
constructed, reconstructed, used, maintained, and reclaimed so as to:
(1) Control or prevent erosion, siltation, and the air pollution
attendant to erosion, including road dust and dust occurring on other
exposed surfaces, by measures such as vegetating, watering, using
chemical or other dust suppressants, or otherwise stabilizing all
exposed surfaces in accordance with current, prudent engineering
practices;
(2) Control or prevent damage to fish, wildlife, or otheir habitat
and related environmental values;
(3) Control or prevent additional contributions of suspended solids
to streamflow or runoff outside the permit area;
(4) Neither cause nor contribute to, directly or indirectly, the
violation of State or Federal water quality standard applicable to
receiving waters;
(5) Refrain from seriously altering the normal flow of water in
streambeds or drainage channels;
(6) Prevent or control damage to public or private property,
including the prevention or mitigation of adverse effects on lands
within the boundaries of units of the National Park System, the National
Wildlife Refuge System, the National System of Trails, the National
Wilderness Preservation System, the Wild and Scenic Rivers System,
including designated study rivers, and National Recreation Areas
designated by Act of Congress; and
(7) Use nonacid- and nontoxic-forming substances in road surfacing.
(c) Design and construction limits and establishment of design
criteria. To ensure environmental protection appropriate for their
planned duration and use, including consideration of the type and size
of equipment used, the design and construction or reconstruction of
roads shall incorporate appropriate limits for grade, width, surface
materials, surface drainage control, culvert placement, and culvert
size, in accordance with current, prudent engineering practices, and any
necessary design criteria established by the regulatory authority.
(d) Location. (1) No part of any road shall be located in the
channel of an intermittent or perennial stream unless specifically
approved by the regulatory authority in accordance with applicable
817.41 through 817.43 and 817.57 of this chapter.
(2) Roads shall be located to minimize downstream sedimentation and
flooding.
(e) Maintenance. (1) A road shall be maintained to meet the
performance standards of this part and any additional criteria specified
by the regulatory authority;
(2) A road damaged by a catastrophic event, such as a flood or
earthquake, shall be repaired as soon as is practicable after the damage
has occurred.
(f) Reclamation. A road not to be retained under an approved
postmining land use shall be reclaimed in accordance with the approved
reclamation plan as soon as practicable after it is no longer needed for
mining and reclamation operations. This reclamation shall include:
(1) Closing the road to traffic;
(2) Removing all bridges and culverts unless approved as part of the
postmining land use;
(3) Removing or otherwise disposing of road-surfacing materials that
are incompatible with the postmining land use and revegetation
requirements;
(4) Reshaping cut and fill slopes as necessary to be compatible with
the postmining land use and to complement the natural drainage pattern
of the surrounding terrain;
(5) Protecting the natural drainage patterns by installing dikes or
cross drains as necessary to control surface runoff and erosion; and
(6) Scarifying or ripping the roadbed, replacing topsoil or
substitute material and revegetating disturbed surfaces in accordance
with 817.22 and 817.111 through 817.116 of this chapter.
(53 FR 45213, Nov. 8, 1988)
30 CFR 817.151 Primary roads.
Primary roads shall meet the requirements of 817.150 and the
additional requirements of this section.
(a) Certification. The construction or reconstruction of primary
roads shall be certified in a report to the regulatory authority by a
qualified registered professional engineer, or in any State which
authorizes land surveyors to certify the construction or reconstruction
of primary roads, a qualified registered professional land surveyor,
with experience in the design and construction of roads. The report
shall indicate that the primary road has been constructed or
reconstructed as designed and in accordance with the approved plan.
(b) Safety Factor. Each primary road embankment shall have a minimum
static factor of 1.3 or meet the requirements established under
784.24(c).
(c) Location. (1) To minimize erosion, a primary road shall be
located, insofar as is practicable, on the most stable available
surface.
(2) Fords of perennial or intermittent streams by primary roads are
prohibited unless they are specifically approved by the regulatory
authority as temporary routes during periods of road construction.
(d) Drainage control. In accordance with the approved plan --
(1) Each primary road shall be constructed or reconstructed, and
maintained to have adequate drainage control, using structures such as,
but not limited to bridges, ditches, cross drains, and ditch relief
drains. The drainage control system shall be designed to safely pass
the peak runoff from a 10-year, 6-hour precipitation event, or greater
event as specified by the regulatory authority;
(2) Drainage pipes and culverts shall be installed as designed, and
maintained in a free and operating condition and to prevent or control
erosion at inlets and outlets;
(3) Drainage ditches shall be constructed and maintained to prevent
uncontrolled drainage over the road surface and embankment;
(4) Culverts shall be installed and maintained to sustain the
vertical soil pressure, the passive resistance of the foundation, and
the weight of vehicles using the road;
(5) Natural stream channels shall not be altered or relocated without
the prior approval of the regulatory authority in accordance with
applicable 816.41 through 816.43 and 816.57 of this chapter; and
(6) Except as provided in paragraph (c)(2) of this section,
structures for perennial or intermittent stream channel crossings shall
be made using bridges, culverts, low-water crossings, or other
structures designed, constructed, and maintained using current, prudent
engineering practices. The regulatory authority shall ensure that
low-water crossings are designed, constructed, and maintained to prevent
erosion of the structure or streambed and additional contributions of
suspended solids to streamflow.
(e) Surfacing. Primary roads shall be surfaced with material
approved by the regulatory authority as being sufficiently durable for
the anticipated volume of traffic and the weight and speed of vehicles
using the road.
(53 FR 45213, Nov. 8, 1988)
30 CFR 817.180 Utility installations.
All underground mining activities shall be conducted in a manner
which minimizes damage, destruction, or disruption of services provided
by oil, gas, and water wells; oil, gas, and coal-slurry pipelines,
railroads; electric and telephone lines; and water and sewage lines
which pass over, under, or through the permit area, unless otherwise
approved by the owner of those facilities and the regulatory authority.
(48 FR 20401, May 5, 1983)
30 CFR 817.181 Support facilities.
(a) Support facilities shall be operated in accordance with a permit
issued for the mine or coal preparation plant to which it is incident or
from which its operation results.
(b) In addition to the other provisions of this part, support
facilities shall be located, maintained, and used in a manner that --
(1) Prevents or controls erosion and siltation, water pollution, and
damage to public or private property; and
(2) To the extent possible using the best technology currently
available --
(i) Minimizes damage to fish, wildlife, and related environmental
values; and
(ii) Minimizes additional contributions of suspended solids to
streamflow or runoff outside the permit area. Any such contributions
shall not be in excess of limitations of State or Federal law.
(48 FR 20401, May 5, 1983)
30 CFR 817.200 Interpretative rules related to general performance
standards.
The following interpretations of rules promulgated in part 817 of
this chapter have been adopted by the Office of Surface Mining
Reclamation and Enforcement.
(a)-(b) (Reserved)
(c) Interpretation of 816.22(e) -- Topsoil Removal. (1) Results of
physical and chemical analyses of overburden and topsoil to demonstrate
that the resulting soil medium is equal to or more suitable for
sustaining revegetation than the available topsoil, provided that
trials, and tests are certified by an approved laboratory in accordance
with 30 CFR 816.22(e)(1)(ii), may be obtained from any one or a
combination of the following sources:
(i) U.S. Department of Agriculture Soil Conservation Service
published data based on established soil series;
(ii) U.S. Department of Agriculture Soil Conservation Service
Technical Guides;
(iii) State agricultural agency, university, Tennessee Valley
Authority, Bureau of Land Management or U.S. Department of Agriculture
Forest Service published data based on soil series properties and
behavior, or
(iv) Results of physical and chemical analyses, field site trials, or
greenhouse tests of the topsoil and overburden materials (soil series)
from the permit area.
(2) If the operator demonstrates through soil survey or other data
that the topsoil and unconsolidated material are insufficient and
substitute materials will be used, only the substitute materials must be
analyzed in accordance with 30 CFR 816.22(e)(1)(i).
(d) Interpretation of 817.133: Postmining land use. (1) The
requirements of 30 CFR 784.15(a)(2), for approval of an alternative
postmining land use, may be met by requesting approval through the
permit revision procedures of 30 CFR 774.13 rather than requesting such
approval through the permit application. The original permit
application, however, must demonstrate that the land will be returned to
its premining land use capability as required by 30 CFR 817.133(a).
An application for a permit revision of this type, (i) must be
submitted in accordance with the filing deadlines of 30 CFR 774.13, (ii)
shall constitute a significant alteration from the mining operations
contemplated by the original permit, and (iii) shall be subject to the
requirements of 30 CFR part 773 and 775.
(45 FR 26000, Apr. 16, 1980, as amended at 45 FR 39447, June 10,
1980; 45 FR 64908, Oct. 1, 1980; 45 FR 73946, Nov. 7, 1980; 48 FR
44781, Sept. 30, 1983)
30 CFR 817.200 PART 819 -- SPECIAL PERMANENT PROGRAM PERFORMANCE
STANDARDS-AUGER MINING
Sec.
819.1 Scope.
819.11 Auger mining: General.
819.13 Auger mining: Coal recovery.
819.15 Auger mining: Hydrologic balance.
819.17 Auger mining: Subsidence protection.
819.19 Auger mining: Backfilling and grading.
819.21 Auger mining: Protection of underground mining.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq.
Source: 48 FR 19322, Apr. 28, 1983, unless otherwise noted.
30 CFR 819.1 Scope.
This part sets environmental protection performance standards for
surface coal mining and reclamation operations involving auger mining.
30 CFR 819.11 Auger mining: General.
(a) Auger mining operations shall be conducted in accordance with the
requirements of part 816 of this chapter, except as provided in this
part.
(b) The regulatory authority may prohibit auger mining, if necessary
to --
(1) Maximize the utilization, recoverability, or conservation of the
solid-fuel resource, or
(2) Protect against adverse water-quality impacts.
30 CFR 819.13 Auger mining: Coal recovery.
(a) Auger mining shall be conducted so as to maximize the utilization
and conservation of the coal in accordance with 816.59 of this chapter.
(b) Auger mining shall be planned and conducted to maximize
recoverability of mineral reserves remaining after the operation and
reclamation are complete.
(c) Each person who conducts auger mining operations shall leave
areas of undisturbed coal, as approved by the regulatory authority, to
provide access for future underground mining activities to coal reserves
remaining after augering is completed, unless it is established that the
coal reserves have been depleted or are so limited in thickness or
extent that it will not be practicable to recover the remaining coal.
This determination shall be made by the regulatory authority upon
presentation of appropriate technical evidence by the operator.
30 CFR 819.15 Auger mining: Hydrologic balance.
(a) Auger mining shall be planned and conducted to minimize
disturbances of the prevailing hydrologic balance in accordance with the
requirements of 816.41 and 816.42 of this chapter.
(b) All auger holes, except as provided in paragraph (c) of this
section, shall be --
(1) Sealed within 72 hours after completion with an impervious and
noncombustible material, if the holes are discharging water containing
acid-or toxic-forming material. If sealing is not possible within 72
hours, the discharge shall be treated commencing within 72 hours after
completion to meet applicable effluent limitations and water-quality
standards until the holes are sealed; and
(2) Sealed with an impervious noncombustible material, as
contemporaneously as practicable with the augering operation, as
approved by the regulatory authority, if the holes are not discharging
water containing acid-or toxic-forming material.
(c) Auger holes need not be sealed with an impervious material so as
to prevent drainage if the regulatory authority determines that --
(1) The resulting impoundment of water may create a hazard to the
environment or public health or safety, and
(2) The drainage from the auger holes will --
(i) Not pose a threat of pollution to surface water, and
(ii) Comply with the requirements of 816.41 and 816.42 of this
chapter.
30 CFR 819.17 Auger mining: Subsidence protection.
Auger mining shall be conducted in accordance with the requirements
of 817.121(a) and (c) of this chapter.
30 CFR 819.19 Auger mining: Backfilling and grading.
(a) General. Auger mining shall be conducted in accordance with the
backfilling and grading requirements of 816.102 and 816.104 through
816.106 of this chapter.
(b) Remining. Where auger mining operations affect previously mined
areas that were not reclaimed to the standards of this chapter and the
volume of all reasonably available spoil is demonstrated in writing to
the regulatory authority to be insufficient to completely backfill the
highwall, the highwall shall be eliminated to the maximum extent
technically practical in accordance with the following criteria:
(1) The person who conducts the auger mining operation shall
demonstrate to the regulatory authority that the backfill, designed by a
qualified registered professional engineer, has a minimum static safety
factor for the stability of the backfill of at least 1.3.
(2) All spoil generated by the auger mining operation and any
associated surface coal mining and reclamation operation, and any other
reasonably available spoil shall be used to backfill the area.
Reasonably available spoil shall include spoil generated by the mining
operation and other spoil located in the permit area that is accessible
and available for use and that when rehandled will not cause a hazard to
the public safety or significant damage to the environment. For this
purpose, the permit area shall include spoil in the immediate vicinity
of the auger mining operation.
(3) The coal seam mined shall be covered with a minimum of 4 feet of
nonacid-, nontoxic-forming material and the backfill graded to a slope
which is compatible with the approved postmining land use and which
provides adequate drainage and long-term stability.
(4) Any remnant of the highwall shall be stable and not pose a hazard
to the public health and safety or to the environment.
(5) Spoil placed on the outslope during previous mining operations
shall not be disturbed if such disturbances will cause instability of
the remaining spoil or otherwise increase the hazard to the public
health and safety or to the environment.
30 CFR 819.21 Auger mining: Protection of underground mining.
Auger holes shall not extend closer than 500 feet (measured
horizontally) to any abandoned or active underground mine workings,
except as approved in accordance with 816.79 of this chapter.
30 CFR 819.21 PART 820 -- SPECIAL PERMANENT PROGRAM PERFORMANCE
STANDARDS -- ANTHRACITE MINES IN PENNSYLVANIA
Sec.
820.1 Scope.
820.2 Objective.
820.11 Performance standards: Anthracite mines in Pennsylvania.
Authority: Secs. 102, 201, 501, 503, 504, 529, Pub. L. 95-97, 91
Stat. 448, 449, 467, 470, 471, 514 (30 U.S.C. 1202, 1211, 1251, 1253,
1254, 1279).
30 CFR 820.1 Scope.
This part sets forth environmental protection performance standards
for anthracite surface coal mining and reclamation operations in
Pennsylvania.
(44 FR 15449, Mar. 13, 1979)
30 CFR 820.2 Objective.
This part implements subsection 529(a) of the Act, which requires the
Secretary to adopt special performance standards for anthracite mines
regulated by special environmental protection performance standards of a
State as of the date of enactment of the Act.
(44 FR 15449, Mar. 13, 1979)
30 CFR 820.11 Performance standards: Anthracite mines in Pennsylvania.
Anthracite mines in Pennsylvania, as specified in section 529 of the
Act, shall comply with its approved State program, including
Commonwealth of Pennsylvania statutes and regulations, and revisions
thereto that are approved by OSM pursuant to part 732 of this chapter.
(47 FR 44943, Oct. 12, 1982)
30 CFR 820.11 PART 822 -- SPECIAL PERMANENT PROGRAM PERFORMANCE
STANDARDS -- OPERATIONS IN ALLUVIAL VALLEY FLOORS
Sec.
822.1 Scope.
822.10 Information collection.
822.11 Essential hydrologic functions.
822.12 Protection of agricultural activities.
822.13 Monitoring.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq.
Source: 48 FR 29822, June 28, 1983, unless otherwise noted.
30 CFR 822.1 Scope.
This part sets forth additional requirements for surface coal mining
and reclamation operations on or which affect alluvial valley floors in
the arid and semiarid regions of the country.
30 CFR 822.10 Information collection.
The information collection requirements contained in 822.13 have
been approved by the Office of Management and Budget under 44 U.S.C.
3507 and assigned clearance number 1029-0049. The information is being
collected to meet the requirements of sections 510(b)(5) and
515(b)(10)(F) of the Act which provide the information collection
requirements and performance standards for alluvial valley floors. This
information will be used to enable the regulatory authority to assess
the impact of the proposed operation during the permanent regulatory
program. The obligation to respond is mandatory.
30 CFR 822.11 Essential hydrologic functions.
(a) The operator of a surface coal mining and reclamation operation
shall minimize disturbances to the hydrologic balance by preserving
throughout the mining and reclamation process the essential hydrologic
functions of an alluvial valley floor not within the permit area.
(b) The operator of a surface coal mining and reclamation operation
shall minimize disturbances to the hydrologic balance within the permit
area by reestablishing throughout the mining and reclamation process the
essential hydrologic functions of alluvial valley floors.
30 CFR 822.12 Protection of agricultural activities.
(a) Prohibitions. Surface coal mining and reclamation operations
shall not: (1) Interrupt, discontinue, or preclude farming on alluvial
valley floors; or (2) cause material damage to the quantity or quality
of water in surface or underground water systems that supply alluvial
valley floors.
(b) Statutory exclusions. The prohibitions of paragraph (a) of this
section shall not apply --
(1) Where the premining land use of an alluvial valley floor is
undeveloped rangeland which is not significant to farming;
(2) Where farming on the alluvial valley floor that would be affected
by the surface coal mining operation is of such small acreage as to be
of negligible impact on the farm's agricultural production;
(3) To any surface coal mining and reclamation operation that, in the
year preceding August 3, 1977 --
(i) Produced coal in commercial quantities and was located within or
adjacent to an alluvial valley floor; or
(ii) Obtained specific permit approval by the State regulatory
authority to conduct surface coal mining and reclamation operations
within an alluvial valley floor; or
(4) To any land that is the subject of an application for renewal or
revision of a permit issued pursuant to the Act which is an extension of
the original permit, insofar as: (i) The land was previously identified
in a reclamation plan submitted under either part 780 or 784 of this
chapter, and (ii) the original permit area was excluded from the
protection of paragraph (a) of this section for a reason set forth in
paragraph (b)(3) of this section.
30 CFR 822.13 Monitoring.
(a) A monitoring system shall be installed, maintained, and operated
by the permittee on all alluvial valley floors during surface coal
mining and reclamation operations and continued until all bonds are
released in accordance with Subchapter J of this chapter. The
monitoring system shall provide sufficient information to allow the
regulatory authority to determine that --
(1) The essential hydrologic functions of alluvial valley floors are
being preserved outside the permit area or reestablished within the
permit area throughout the mining and reclamation process in accordance
with 822.11;
(2) Farming on lands protected under 822.12 is not being
interrupted, discontinued, or precluded; and
(3) The operation is not causing material damage to the quantity or
quality of water in the surface or underground systems that supply
alluvial valley floors protected under 822.12.
(b) Monitoring shall be conducted at adequate frequencies to indicate
long-term trends that could affect compliance with 822.11 and 822.12.
(c) All monitoring data collected and analyses thereof shall
routinely be made available to the regulatory authority.
30 CFR 822.13 PART 823 -- SPECIAL PERMANENT PROGRAM PERFORMANCE
STANDARDS -- OPERATIONS ON PRIME FARMLAND
Sec.
823.1 Scope and purpose.
823.4 Responsibilities.
823.11 Applicability.
823.12 Soil removal and stockpiling.
823.14 Soil replacement.
823.15 Revegetation and restoration of soil productivity.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq.; Pub. L. 100-34.
Source: 48 FR 21463, May 12, 1983, unless otherwise noted.
30 CFR 823.1 Scope and purpose.
This part sets forth special environmental protection performance,
reclamation, and design standards for surface coal mining and
reclamation operations on prime farmland.
30 CFR 823.4 Responsibilities.
(a) The U.S. Soil Conservation Service within each State shall
establish specifications for prime farmland soil removal, storage,
replacement, and reconstruction.
(b) The regulatory authority within each State shall use the
soil-reconstruction specifications of paragraph (a) of this section to
carry out its responsibilities under 785.17 and subchapter J of this
chapter.
30 CFR 823.11 Applicability.
The requirements of this part shall not apply to --
(a) Coal preparation plants, support facilities, and roads of surface
and underground mines that are actively used over extended periods of
time and where such uses affect a minimal amount of land. Such uses
shall meet the requirements of part 816 of this chapter for surface
mining activities and of part 817 of this chapter for underground mining
activities;
(b) Disposal areas containing coal mine waste resulting from
underground mines that is not technologically and economically feasible
to store in underground mines or on non-prime farmland. The operator
shall minimize the area of prime farmland used for such purposes.
(c) Prime farmland that has been excluded in accordance with
785.17(a) of this chapter.
(48 FR 21463, May 12, 1983, as amended at 53 FR 40839, Oct. 18, 1988)
30 CFR 823.12 Soil removal and stockpiling.
(a) Prime farmland soils shall be removed from the areas to be
disturbed before drilling, blasting, or mining.
(b) The minimum depth of soil and soil materials to be removed and
stored for use in the reconstruction of prime farmland shall be
sufficient to meet the requirements of 823.14(b).
(c) Soil removal and stockpiling operations on prime farmland shall
be conducted to --
(1) Separately remove the topsoil, or remove other suitable soil
materials where such other soil materials will create a final soil
having a greater productive capacity than that which exist prior to
mining. If not utilized immediately, this material shall be placed in
stockpiles separate from the spoil and all other excavated materials;
and
(2) Separately remove the B or C soil horizon or other suitable soil
material to provide the thickness of suitable soil required by
823.14(b), except as approved by the regulatory authority where the B or
C soil horizons would not otherwise be removed and where soil
capabilities can be retained. If not utilized immediately, each horizon
or other material shall be stockpiled separately from the spoil and all
other excavated materials. Where combinations of such soil materials
created by mixing have been shown to be equally or more favorable for
plant growth than the B horizon, separate handling is not necessary.
(d) Stockpiles shall be placed within the permit area where they will
not be disturbed or be subject to excessive erosion. If left in place
for more than 30 days, stockpiles shall meet the requirements of 816.22
or 817.22 of this chapter.
(48 FR 21463, May 12, 1983, as amended at 53 FR 40839, Oct. 18, 1988)
30 CFR 823.14 Soil replacement.
(a) Soil reconstruction specifications established by the U.S. Soil
Conservation Service shall be based upon the standards of the National
Cooperative Soil Survey and shall include, as a minimum, physical and
chemical characteristics of reconstructed soils and soil descriptions
containing soil-horizon depths, soil densities, soil pH, and other
specifications such that reconstructed soils will have the capability of
achieving levels of yield equal to, or higher than, those of nomined
prime farmland in the surrounding area.
(b) The minimum depth of soil and substitute soil material to be
reconstructed shall be 48 inches, or a lesser depth equal to the depth
to a subsurface horizon in the natural soil that inhibits or prevents
root penetration, or a greater depth if determined necessary to restore
the original soil productive capacity. Soil horizons shall be
considered as inhibiting or preventing root penetration if their
physical or chemical properties or water-supplying capacities cause them
to restrict or prevent penetration by roots of plants common to the
vicinity of the permit area and if these properties or capacities have
little or no beneficial effect on soil productive capacity.
(c) The operator shall replace and regrade the soil horizons or other
root-zone material with proper compaction and uniform depth.
(d) The operator shall replace the B horizon, C horizon, or other
suitable material specified in 823.12(c)(2) to the thickness needed to
meet the requirements of paragraph (b) of this section. In those areas
where the B or C horizons were not removed but may have been compacted
or otherwise damaged during the mining operation, the operator shall
engage in deep tilling or other appropriate means to restore pre-mining
capabilities.
(e) The operator shall replace the topsoil or other suitable soil
materials specified in 823.12(c)(1) as the final surface soil layer.
This surface soil layer shall equal or exceed the thickness of the
original surface soil layer, as determined by the soil survey.
(48 FR 21463, May 12, 1983, as amended at 53 FR 40839, Oct. 18, 1988)
30 CFR 823.15 Revegetation and restoration of soil productivity.
(a) Following prime farmland soil replacement, the soil surface shall
be stabilized with a vegetative cover or other means that effectively
controls soil loss by wind and water erosion.
(b) Prime farmland soil productivity shall be restored in accordance
with the following provisions:
(1) Measurement of soil productivity shall be initiated within 10
years after completion of soil replacement.
(2) Soil productivity shall be measured on a representative sample or
on all of the mined and reclaimed prime farmland area using the
reference crop determined under paragraph (b)(6) of this section. A
statistically valid sampling technique at a 90-percent or greater
statistical confidence level shall be used as approved by the regulatory
authority in consultation with the U.S. Soil Conservation Service.
(3) The measurement period for determining average annual crop
production (yield) shall be a minimum of 3 crop years prior to release
of the operator's performance bond.
(4) The level of management applied during the measurement period
shall be the same as the level of management used on nonmined prime
farmland in the surrounding area.
(5) Restoration of soil productivity shall be considered achieved
when the average yield during the measurement period equals or exceeds
the average yield of the reference crop established for the same period
for nonmined soils of the same or similar texture or slope phase of the
soil series in the surrounding area under equivalent management
practices.
(6) The reference crop on which restoration of soil productivity is
proven shall be selected from the crops most commonly produced on the
surrounding prime farmland. Where row crops are the dominant crops
grown on prime farmland in the area, the row crop requiring the greatest
rooting depth shall be chosen as one of the reference crops.
(7) Reference crop yields for a given crop season are to be
determined from --
(i) The current yield records of representative local farms in the
surrounding area, with concurrence by the U.S. Soil Conservation
Service; or
(ii) The average county yields recognized by the U.S. Department of
Agriculture, which have been adjusted by the U.S. Soil Conservation
Service for local yield variation within the county that is associated
with differences between nonmined prime farmland soil and all other
soils that produce the reference crop.
(8) Under either procedure in paragraph (b)(7) of this section, the
average reference crop yield may be adjusted, with the concurrence of
the U.S. Soil Conservation Service, for --
(i) Disease, pest, and weather-induced seasonal variations; or
(ii) Differences in specific management practices where the overall
management practices of the crops being compared are equivalent.
30 CFR 823.15 PART 824 -- SPECIAL PERMANENT PROGRAM PERFORMANCE
STANDARDS -- MOUNTAINTOP REMOVAL
Sec.
824.1 Scope.
824.2 Objectives.
824.11 Mountaintop removal: Performance standards.
Authority: Secs. 102, 201, 501, 503, 504, 506, 508, 510, 515, 517,
701 Pub. L. 95-87, 91 Stat. 448, 449, 467, 470, 471, 474, 478, 480,
486, 498, 516 (30 U.S.C. 1202, 1211, 1251, 1253, 1254, 1256, 1258, 1260,
1265, 1267, 1291).
30 CFR 824.1 Scope.
This part sets forth special environmental protection performance,
reclamation, and design standards for surface coal mining activities
constituting mountaintop removal mining.
(44 FR 15452, Mar. 13, 1979)
30 CFR 824.2 Objectives.
The objectives of this part are to --
(a) Enhance coal recovery;
(b) Reclaim the land to equal or higher postmining use; and
(c) Protect and enhance environmental and other values protected
under the Act and this chapter.
(44 FR 15452, Mar. 13, 1979)
30 CFR 824.11 Mountaintop removal: Performance standards.
(a) Under an approved regulatory program, surface coal mining
activities may be conducted under a variance from the requirement of
this subchapter for restoring affected areas to their approximate
original contour, if --
(1) The regulatory authority grants the variance under a permit, in
accordance with 30 CFR 785.14;
(2) The activities involve the mining of an entire coal seam running
through the upper fraction of a mountain, ridge, or hill, by removing
all of the overburden and creating a level plateau or gently rolling
contour with no highwalls remaining;
(3) An industrial, commercial, agricultural, residential, or public
facility (including recreational facilities) use is proposed and
approved for the affected land;
(4) The alternative land use requirements of 816.133(a) through (c)
of this chapter are met;
(5) All applicable requirements of this subchapter and the regulatory
program, other than the requirement to restore affected areas to their
approximate original contour, are met;
(6) An outcrop barrier of sufficient width, consisting of the toe of
the lowest coal seam, and its associated overburden, are retained to
prevent slides and erosion, except that the regulatory authority may
permit an exemption to the retention of the coal barrier requirement if
the following conditions are satisfied:
(i) The proposed mine site was mined prior to May 3, 1978, and the
toe of the lowest seam has been removed; or
(ii) A coal barrier adjacent to a head-of-hollow fill may be removed
after the elevation of a head-of-hollow fill attains the elevation of
the coal barrier if the head-of-hollow fill provides the stability
otherwise ensured by the retention of a coal barrier;
(7) The final graded slopes on the mined area are less than 1v:5h, so
as to create a level plateau or gently rolling configuration, and the
outslopes of the plateau do not exceed 1v:2h except where engineering
data substantiates, and the regulatory authority finds, in writing, and
includes in the permit under 30 CFR 785.14, that a minimum static safety
factor of 1.5 will be attained;
(8) The resulting level or gently rolling contour is graded to drain
inward from the outslope, except at specified points where it drains
over the outslope in stable and protected channels. The drainage shall
not be through or over a valley or head-of-hollow fill.
(9) Natural watercourses below the lowest coal seam mined are not
damaged;
(10) All waste and acid-forming or toxic-forming materials, including
the strata immediately below the coal seam, are covered with non-toxic
spoil to prevent pollution and achieve the approved postmining land use;
and
(11) Spoil is placed on the mountaintop bench as necessary to achieve
the postmining land use approved under paragraphs (a)(3) and (a)(4) of
this section. All excess spoil material not retained on the mountaintop
shall be placed in accordance with 30 CFR 816.41 and 816.43 and 816.71
through 816.74.
(44 FR 15452, Mar. 13, 1979; 44 FR 49687, Aug. 24, 1979, as amended
at 48 FR 39905, Sept. 1, 1983; 48 FR 44781, Sept. 30, 1983)
30 CFR 824.11 PART 825 -- SPECIAL PERMANENT PROGRAM PERFORMANCE
STANDARDS -- SPECIAL BITUMINOUS COAL MINES IN WYOMING
Sec.
825.1 Scope.
825.2 Special bituminous coal mines in Wyoming.
Authority: 30 U.S.C. 1201 et seq.
30 CFR 825.1 Scope.
This part establishes requirements for certain bituminous surface
coal mining activities located west of the 100th meridian west longitude
in Wyoming which existed on January 1, 1972, and for surface coal mining
activities immediately adjacent thereto which began development after
August 3, 1977, in accordance with section 527 of the Act.
(47 FR 33432, Aug. 2, 1982)
30 CFR 825.2 Special bituminous coal mines in Wyoming.
Special bituminous coal mines in Wyoming, as specified in section 527
of the Act, shall comply with the approved State program, including
Wyoming statutes and regulations, and revisions thereto.
(47 FR 33432, Aug. 2, 1982)
30 CFR 825.2 PART 827 -- PERMANENT PROGRAM PERFORMANCE STANDARDS --
COAL PREPARATION PLANTS NOT LOCATED WITHIN THE PERMIT AREA OF A MINE
Sec.
827.1 Scope.
827.11 General requirements.
827.12 Coal preparation plants: Performance standards.
827.13 Coal preparation plants: Interim performance standards.
Authority: 30 U.S.C. 1201 et seq., and Pub. L. 100-34.
Source: 48 FR 20401, May 5, 1983, unless otherwise noted.
30 CFR 827.1 Scope.
This part sets forth requirements for coal preparation plants
operated in connection with a coal mine but outside the permit area for
a specific mine.
(53 FR 47391, Nov. 22, 1988)
30 CFR 827.11 General requirements.
Each person who operates a coal preparation plant subject to this
part shall obtain a permit in accordance with 785.21 of this chapter,
obtain a bond in accordance with subchapter J of this chapter, and
operate that plant in accordance with the requirements of this part.
30 CFR 827.12 Coal preparation plants: Performance standards.
Except as provided in 827.13 of this part, the construction,
operation, maintenance, modification, reclamation, and removal
activities at coal preparation plants shall comply with the following:
(a) Signs and markers for the coal preparation plant, coal processing
waste disposal area, and water-treatment facilities shall comply with
816.11 of this chapter.
(b) Any stream channel diversion shall comply with 816.43 of this
chapter.
(c) Drainage from any disturbed area related to the coal preparation
plant shall comply with 816.45 through 816.47 of this chapter, and all
discharges from these areas shall meet the requirements of 816.41 and
816.42 of this chapter and any other applicable State or Federal law.
(d) Permanent impoundments associated with coal preparation plants
shall meet the requirements of 816.49 and 816.56 of this chapter.
Dams constructed of, or impounding, coal processing waste shall comply
with 816.84 of this chapter.
(e) Disposal of coal processing waste, noncoal mine waste, and excess
spoil shall comply with 816.81, 816.83, 816.84, 816.87, 816.89, and
816.71 through 816.74 of this chapter, respectively.
(f) Fish, wildlife, and related environmental values shall be
protection in accordance with 816.97 of this chapter.
(g) Support facilities related to the coal preparation plant shall
comply with 816.181 of this chapter.
(h) Roads shall comply with 816.150 and 816.151 of this chapter.
(i) Cessation of operations shall be in accordance with 816.131 and
816.132 of this chapter.
(j) Erosion and air pollution attendant to erosion shall be
controlled in accordance with 816.95 of this chapter.
(k) Adverse effects upon, or resulting from, nearby underground coal
mining activities shall be minimized by appropriate measures including,
but not limited to, compliance with 816.79 of this chapter.
(l) Reclamation shall follow proper topsoil handling, backfilling and
grading, revegetation, and postmining land use procedures in accordance
with 816.22, 816.100. 816.102, 816.104, 816.106, 816.111, 816.113,
816.114, 816.116, and 816.133 of this chapter, respectively.
(48 FR 20401, May 5, 1983, as amended at 52 FR 17730, May 11, 1987)
30 CFR 827.13 Coal preparation plants: Interim performance standards.
(a) Persons operating or who have operated coal preparation plants
after July 6, 1984, which were not subject to this chapter before July
6, 1984, shall comply with the applicable interim or permanent program
performance standards of the State in which such plants are located, as
follows:
(1) If located in a State in which either interim or permanent
program performance standards apply to such plants, the applicable
program standards of the State program shall apply;
(2) If located in a State with a State program which must be amended
in order to regulate such plants, the interim program performance
standards in subchapter B of this chapter shall apply; and
(3) If located in a State with a Federal program, all such plants
shall be subject to the interim program performance standards in
subchapter B of this chapter.
(b) After a person described in paragraph (a) of this section obtains
a permit to operate a coal preparation plant, the performance standards
specified in 827.12 shall be applicable to the operation of that plant
instead of those specified in paragraph (a) of this section.
(52 FR 17730, May 11, 1987)
30 CFR 827.13 PART 828 -- SPECIAL PERMANENT PROGRAM PERFORMANCE
STANDARDS -- IN SITU PROCESSING
Sec.
828.1 Scope.
828.2 Objectives.
828.11 In situ processing: Performance standards.
828.12 In situ processing: Monitoring.
Authority: Secs. 102, 201, 501, 503, 504, 510, 515, 516, 517, 701;
Pub. L. 95-87, 91 Stat. 448, 449, 467, 470, 471, 480, 486, 498, 516 (30
U.S.C. 1202, 1211, 1251, 1253, 1254, 1260, 1265, 1266, 1267, 1291).
30 CFR 828.1 Scope.
This part sets forth special environmental protection performance,
reclamation and design standards for in situ processing activities.
(44 FR 15455, Mar. 13, 1979)
30 CFR 828.2 Objectives.
This part is intended to ensure that all in situ processing
activities are conducted in a manner which preserves and enhances
environmental values in accordance with the Act. This part provides
additional performance, reclamation and design standards to reflect the
nature of in situ processing.
(44 FR 15455, Mar. 13, 1979)
30 CFR 828.11 In situ processing: Performance standards.
(a) The person who conducts in situ processing activities shall
comply with 30 CFR 817 and this section.
(b) In situ processing activities shall be planned and conducted to
minimize disturbance to the prevailing hydrologic balance by:
(1) Avoiding discharge of fluids into holes or wells, other than as
approved by the regulatory authority;
(2) Injecting process recovery fluids only into geologic zones or
intervals approved as production zones by the regulatory authority;
(3) Avoiding annular injection between the wall of the drill hole and
the casing; and
(4) Preventing discharge of process fluid into surface waters.
(c) Each person who conducts in situ processing activities shall
submit for approval as part of the application for permit under 30 CFR
785.22, and follow after approval, a plan that ensures that all
acid-forming, toxic-forming, or radioactive gases, solids, or liquids
constituting a fire, health, safety, or environmental hazard and caused
by the mining and recovery process are promptly treated, confined, or
disposed of, in a manner that prevents contamination of ground and
surface waters, damage to fish, wildlife and related environmental
values, and threats to the public health and safety.
(d) Each person who conducts in situ processing activities shall
prevent flow of the process recovery fluid:
(1) Horizontally beyond the affected area identified in the permit;
and
(2) Vertically into overlying or underlying aquifers.
(e) Each person who conducts in situ processing activities shall
restore the quality of affected ground water in the permit area and
adjacent area, including ground water above and below the production
zone, to the approximate premining levels or better, to ensure that the
potential for use of the ground water is not diminished.
(Pub. L. 95-87, 30 U.S.C. 1201 et seq.)
(44 FR 15455, Mar. 13, 1979, as amended at 48 FR 14822, Apr. 5, 1983)
30 CFR 828.12 In situ processing: Monitoring.
(a) Each person who conducts in situ processing activities shall
monitor the quality and quantity of surface and ground water and the
subsurface flow and storage characteristics, in a manner approved by the
regulatory authority under 30 CFR 817.41, to measure changes in the
quantity and quality of water in surface and ground water systems in the
permit area and in adjacent areas.
(b) Air and water quality monitoring shall be conducted in accordance
with monitoring programs approved by the regulatory authority as
necessary according to appropriate Federal and State air and water
quality standards.
(Pub. L. 95-87, 30 U.S.C. 1201 et seq.)
(44 FR 15455, Mar. 13, 1979, as amended at 48 FR 14822, Apr. 5, 1983;
48 FR 44781, Sept. 30, 1983)
30 CFR 828.12 SUBCHAPTER L -- PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES
30 CFR 828.12 PART 840 -- STATE REGULATORY AUTHORITY: INSPECTION AND
ENFORCEMENT
Sec.
840.1 Scope.
840.10 Information collection.
840.11 Inspections by State regulatory authority.
840.12 Right of entry.
840.13 Enforcement authority.
840.14 Availability of records.
840.15 Public participation.
840.16 Compliance conference.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq., and Pub. L.
100-34, unless otherwise noted.
Source: 47 FR 35633, Aug. 16, 1982, unless otherwise noted.
30 CFR 840.1 Scope.
This part sets forth the minimum requirements for the Secretary's
approval of the provisions for inspection and enforcement by a State of
surface coal mining and reclamation operations and of coal exploration
operations which substantially disturb the natural land surface, where a
State is the regulatory authority under an approved State program.
30 CFR 840.10 Information collection.
The information collection requirements contained in 30 CFR
840.11(e), 840.14(a) and 840.14(b) have been approved by the Office of
Management and Budget under 44 U.S.C. 3507 and assigned clearance number
1029-0051. The information is being collected by States for use in
assessing penalties as evidence in enforcement cases and as an
inspection management record. The obligation to respond is mandatory.
30 CFR 840.11 Inspections by State regulatory authority.
(a) The State regulatory authority shall conduct an average of at
least one partial inspection per month of each active surface coal
mining and reclamation operation under its jurisdiction, and shall
conduct such partial inspections of each inactive surface coal mining
and reclamation operation under its jurisdiction as are necessary to
ensure effective enforcement of the approved State program. A partial
inspection is an on-site or aerial review of a person's compliance with
some of the permit conditions and requirements imposed under an approved
State program.
(b) The State regulatory authority shall conduct an average of at
least one complete inspection per calendar quarter of each active or
inactive surface coal mining and reclamation operation under its
jurisdiction. A complete inspection is an on-site review of a person's
compliance with all permit conditions and requirements imposed under the
State program, within the entire area disturbed or affected by the
surface coal mining and reclamation operations.
(c) The State regulatory authority shall conduct such inspections of
coal explorations as are necessary to ensure compliance with the
approved State program.
(d)(1) Aerial inspections shall be conducted in a manner which
reasonably ensures the identification and documentation of conditions at
each surface coal mining and reclamation site inspected.
(2) Any potential violation observed during an aerial inspection
shall be investigated on site within three days: provided, that any
indication of a condition, practice or violation constituting cause for
the issuance of a cessation order under section 521(a)(2) of the Act
shall be investigated on site immediately, And provided further, That an
on-site investigation of a potential violation observed during an aerial
inspection shall not be considered to be an additional partial or
complete inspection for the purposes of paragraphs (a) and (b) of this
section.
(e) The inspections required under paragraphs (a), (b), (c) and (d)
of this section shall:
(1) Be carried out on an irregular basis, so as to monitor compliance
at all operations, including those which operate nights, weekends, or
holidays;
(2) Occur without prior notice to the permittee or any agent or
employee of such permittee, except for necessary on-site meetings; and
(3) Include the prompt filing of inspection reports adequate to
enforce the requirements of the approved State program.
(f) For the purposes of this section, an inactive surface coal mining
and reclamation operation is one for which:
(1) The State regulatory authority has secured from the permittee the
written notice provided for under 816.131(b) or 817.131(b) of this
chapter; or
(2) Reclamation Phase II as defined at 800.40 of this chapter has
been completed and the liability of the permittee has been reduced by
the State regulatory authority in accordance with the State program.
(g) Abandoned site means a surface coal mining and reclamation
operation for which the regulatory authority has found in writing that.
(1) All surface and underground coal mining and reclamation
activities at the site have ceased;
(2) The regulatory authority or the Office has issued at least one
notice of violation or the initial program equivalent, and either:
(i) Is unable to serve the notice despite diligent efforts to do so;
or
(ii) The notice was served and has progressed to a failure-to-abate
cessation order or the initial program equivalent;
(3) The regulatory authority:
(i) Is taking action to ensure that the permittee and operator, and
owners and controllers of the permittee and operator, will be precluded
from receiving future permits while violations continue at the site;
and
(ii) Is taking action pursuant to section 518(e), 518(f), 521(a)(4)
or 521(c) of the Act or their regulatory program counterparts to ensure
that abatement occurs or that there will not be a recurrence of the
failure-to-abate, except where after evaluating the circumstances it
concludes that further enforcement offers little or no likelihood of
successfully compelling abatement or recovering any reclamation costs;
and
(4) Where the site is, or was, permitted or bonded:
(i) The permit has expired or been revoked, or permit revocation
proceedings have been initiated and are being pursued diligently; and
(ii) The regulatory authority has initiated and is diligently
pursuing forfeiture of, or has forfeited, the performance bond.
(h)(1) In lieu of the inspection frequency established in paragraphs
(a) and (b) of this section, the regulatory authority shall inspect each
abandoned site as necessary to monitor for changes of environmental
conditions or operational status at the site.
(2) Before ceasing to perform inspections at the frequency required
by paragraphs (a) and (b) of this section at an abandoned site, the
regulatory authority shall:
(i) Evaluate the environmental conditions and operational status of
the site; and
(ii) Document in writing the inspection frequency necessary to comply
with paragraph (h)(1) of this section, and the reasons for selecting
that frequency.
(Pub. L. 95-87, 30 U.S.C. 1201 et seq.)
(47 FR 35633, Aug. 16, 1983, as amended at 48 FR 44781, Sept. 30,
1983; 53 FR 24882, June 30, 1988)
Editorial Note: At 56 FR 25039, June 3, 1991, paragraph (g) of
840.11 was suspended insofar as it authorizes reduced inspection
frequencies at abandoned sites, and paragraph (h) of 840.11 is
suspended, effective July 3, 1991.
30 CFR 840.12 Right of entry.
(a) Within its jurisdiction, the State regulatory authority shall
have authority that grants its representatives a right of entry to,
upon, and through any coal exploration or surface coal mining and
reclamation operation without advance notice upon presentation of
appropriate credentials. No search warrant shall be required, except
that a State may provide for its use with respect to entry into a
building.
(b) The State regulatory authority shall have authority that
authorizes its representatives to inspect any monitoring equipment or
method of exploration or operation and to have access to and copy any
records required under the approved State program. This authority shall
provide that the representatives may exercise such rights at reasonable
times, without advance notice, upon presentation of appropriate
credentials. No search warrant shall be required, except that a State
may provide for its use with respect to entry into a building.
30 CFR 840.13 Enforcement authority.
(a) The civil and criminal penalty provisions of each State program
shall contain penalties which are no less stringent than those set forth
in section 518 of the Act and shall be consistent with 30 CFR part 845.
(b) The enforcement provisions of each State program shall contain
sanctions which are no less stringent than those set forth in section
521 of the Act and shall be consistent with 843.11, 843.12, and
843.13, and subchapters G and J of this chapter.
(c) The procedural requirements of each State program relating to the
penalties and sanctions mentioned in paragraphs (a) and (b) of this
section shall be the same as or similar to those provided in sections
518 and 521 of the Act, respectively, and consistent with parts 843 and
845 and subchapters G and J of this chapter.
(d) Nothing in the Act or this part shall be construed as eliminating
any additional enforcement rights or procedures which are available
under State law to a State regulatory authority, but which are not
specifically enumerated in sections 518 and 521 of the Act.
30 CFR 840.14 Availability of records.
(a) Each State regulatory authority shall make available to the
Director, upon request, copies of all documents relating to applications
for and approvals of existing, new, or revised coal exploration
approvals or surface coal mining and reclamation operations permits and
all documents relating to inspection and enforcment actions.
(b) Copies of all records, reports, inspection materials, or
information obtained by the regulatory authority shall be made
immediately available to the public in the area of mining until at least
five years after expiration of the period during which the subject
operation is active or is covered by any portion of a reclamation bond
so that they are conveniently available to residents of that area,
except --
(1) As otherwise provided by Federal law; and
(2) For information not required to be made available under 772.15
and 773.13(d) of this chapter or paragraph (d) of this section.
(c) The State regulatory authority shall ensure compliance with
paragraph (b) by either:
(1) Making copies of all records, reports, inspection materials, and
other subject information available for public inspection at a Federal,
State or local government office in the county where the mining is
occurring or proposed to occur; or,
(2) At the regulatory authority's option and expense, providing
copies of subject information promptly by mail at the request of any
resident of the area where the mining is occuring or is proposed to
occur, Provided, That the regulatory authority shall maintain for public
inspection, at a Federal, State or local government office in the county
where the mining is occurring or proposed to occur, a description of the
information available for mailing and the procedure for obtaining such
information.
(d) In order to protect preparation for hearings and enforcement
proceedings, the Director and the State regulatory authority may enter
into agreements regarding procedures for the special handling of
investigative and enforcement reports and other such materials.
(Pub. L. 95-87, 30 U.S.C. 1201 et seq.)
(47 FR 35633, Aug. 16, 1982, as amended at 48 FR 44781, Sept. 30,
1983)
30 CFR 840.15 Public participation.
Each State program shall provide for public participation in
enforcement of the State program consistent with that provided by 30 CFR
parts 842, 843 and 845 and 43 CFR part 4.
30 CFR 840.16 Compliance conference.
(a) The State program may provide for compliance conferences between
a permittee and an authorized representative of the regulatory authority
as described in paragraphs (b) through (e) of this section.
(b) A permittee may request an on-site compliance conference with an
authorized representative of the regulatory authority to review the
compliance status of any condition or practice proposed at any coal
exploration or surface coal mining and reclamation operation. Any such
conference shall not constitute an inspection within the meaning of
section 517 of the Act and 840.11.
(c) The State regulatory authority may accept or refuse any request
to conduct a compliance conference under paragraph (b).
(d) The authorized representative at any compliance conference shall
review such proposed conditions and practices in order to advise whether
any such condition or practice may become a violation of any requirement
of the Act, the approved State program, or any applicable permit or
exploration approval.
(e) Neither the holding of a compliance conference under this section
nor any opinion given by the authorized representative at such a
conference shall affect:
(1) Any rights or obligations of the regulatory authority or of the
permittee with respect to any inspection, notice of violation or
cessation order, whether prior or subsequent to such compliance
conference; or
(2) The validity of any notice of violation or cessation order issued
with respect to any condition or practice reviewed at the compliance
conference.
30 CFR 840.16 PART 842 -- FEDERAL INSPECTIONS AND MONITORING
Sec.
842.1 Scope.
842.11 Federal inspections and monitoring.
842.12 Requests for Federal inspections.
842.13 Right of entry.
842.14 Review of adequacy and completeness of inspections.
842.15 Review of decision not to inspect or enforce.
842.16 Availability of records.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq.; and Pub. L.
100-34.
Source: 47 FR 35635, Aug. 16, 1982, unless otherwise noted.
30 CFR 842.1 Scope.
This part sets forth general procedures governing Federal inspections
under the permanent regulatory program.
30 CFR 842.11 Federal inspections and monitoring.
(a) Authorized representatives of the Secretary shall conduct
inspections of surface coal mining and reclamation operations as
necessary --
(1) To monitor and evaluate the administration of approved State
programs. Such monitoring and evaluation inspections shall be conducted
jointly with the State regulatory authority where practical and where
the State so requests;
(2) To develop or enforce Federal programs and Federal lands
programs;
(3) To enforce those requirements and permit conditions imposed under
a State program not being enforced by a State, under section 504(b) or
section 521(b) of the Act, part 733 of this chapter, or as provided in
this section; and
(4) To determine whether any notice of violation or cessation order
issued during an inspection authorized under this section has been
complied with.
(b)(1) An authorized representative of the Secretary shall
immediately conduct a Federal inspection:
(i) When the authorized representative has reason to believe on the
basis of information available to him or her (other than information
resulting from a previous Federal inspection) that there exists a
violation of the Act, this chapter, the applicable program, or any
condition of a permit or an exploration approval, or that there exists
any condition, practice, or violation which creates an imminent danger
to the health or safety of the public or is causing or could reasonably
be expected to cause a significant, imminent environmental harm to land,
air or water resources and --
(ii)(A) There is no State regulatory authority or the Office is
enforcing the State program under section 504(b) or 521(b) of the Act
and part 733 of this chapter; or
(B)(1) The authorized representative has notified the state
regulatory authority of the possible violation and more than ten days
have passed since notification and the State regulatory authority has
failed to take appropriate action to cause the violation to be corrected
or to show good cause for such failure and to inform the authorized
representative of its response. After receiving a response from the
State regulatory authority, before inspection, the authorized
representative shall determine in writing whether the standards for
appropriate action or good cause for such failure have been met.
Failure by the State regulatory authority to respond within the ten days
shall not prevent the authorized representative from making the
determination, and will constitute a waiver of the state regulatory
authority's right to request review under paragraph (b)(i)(iii) of this
section.
(2) For purposes of this subchapter, an action or response by a State
regulatory authority that is not arbitrary, capricious, or an abuse of
discretion under the state program shall be considered ''appropriate
action'' to cause a violation to be corrected or ''good cause'' for
failure to do so.
(3) Appropriate action includes enforcement or other action
authorized under the State program to cause the violation to be
corrected.
(4) Good cause includes: (i) Under the State program, the possible
violation does not exist; (ii) the State regulatory authority requires
a reasonable and specified additional time to determine whether a
violation of the State program does exist; (iii) the State regulatory
authority lacks jurisdiction under the State program over the possible
violation or operation; (iv) the State regulatory authority is
precluded by an administrative or judicial order from an administrative
body or court of competent jurisdiction from acting on the possible
violation, where that order is based on the violation not existing or
where the temporary relief standards of section 525(c) or 525(c) of the
Act have been met; or (v) with regard to abandoned sites as defined in
840.11(g) of this chapter, the State regulatory authority is diligently
pursuing or has exhausted all appropriate enforcement provisions of the
State program.
(C) The person supplying the information supplies adequate proof that
an imminent danger to the public health and safety or a significant,
imminent environmental harm to land, air or water resources exists and
that the State regulatory authority has failed to take appropriate
action.
(iii)(A) The authorized representative shall immediately notify the
state regulatory authority in writing when in response to a ten-day
notice the state regulatory authority fails to take appropriate action
to cause a violation to be corrected or to show good cause for such
failure. If the State regulatory authority disagrees with the
authorized representative's written determination, it may file a
request, in writing, for informal review of that written determination
by the Deputy Director. Such a request for informal review may be
submitted to the appropriate OSMRE field office or to the office of the
Deputy Director in Washington, DC. The request must be received by
OSMRE within 5 days from receipt of OSMRE's written determination.
(B) Unless a cessation order is required under 843.11, or unless the
state regulatory authority has failed to respond to the ten-day notice,
no Federal inspection action shall be taken or notice of violation
issued regarding the ten-day notice until the time to request informal
review as provided in 842.11(b)(1)(iii)(A) has expired or, if informal
review has been requested, until the Deputy Director has completed such
review.
(C) After reviewing the written determination of the authorized
representative and the request for informal review submitted by the
State regulatory authority, the Deputy Director shall, within 15 days,
render a decision on the request for informal review. He shall affirm,
reverse, or modify the written determination of the authorized
representative. Should the Deputy Director decide that the State
regulatory authority did not take appropriate action or show good cause,
he shall immediately order a Federal inspection or reinspection. The
Deputy Director shall provide to the State regulatory authority and to
the permittee a written explanation of his decision, and if the ten-day
notice resulted from a request for a Federal inspection under 842.12 of
this part, he shall send written notification of his decision to the
person who made the request.
(2) An authorized representative shall have reason to believe that a
violation, condition or practice exists if the facts alleged by the
informant would, if true, constitute a condition, practice or violation
referred to in paragraph (b)(1)(i) of this section.
(c) The Office, when acting as the regulatory authority under a
Federal program or a Federal lands program and when enforcing a State
program, in whole or in part, pursuant to section 504(b) of section
521(b) of the Act and part 733 of this chapter, shall conduct
inspections of all coal exploration and surface coal mining and
reclamation operations under its jurisdiction. The Office shall --
(1) With respect to active surface coal mining and reclamation
operations:
(i) Conduct an average of at least one partial inspection per month
of each active surface coal mining and reclamation operation. A partial
inspection is an on-site or aerial review of a person's compliance with
some of the permit requirements and conditions imposed under an
applicable program.
(A) Aerial inspections shall be conducted in a manner which
reasonably ensures the identification and documentation of conditions at
each surface coal mining and reclamation site inspected.
(B) Any potential violation observed during an aerial inspection
shall be investigated on site within three calendar days: Provided,
That any indication of a condition, practice or violation constituting
cause for issuance of a cessation order under section 521(a)(2) shall be
investigated on site immediately, And provided further, That an on-site
investigation of a potential violation observed during an aerial
inspection shall not be considered to be an additional partial or
complete inspection for the purposes of paragraphs (a) and (b) of this
section.
(ii) Conduct an average of at least one complete inspection per
calendar quarter of each active surface coal mining and reclamation
operation. A complete inspection is an on-site review of a person's
compliance with all permit conditions and requirements imposed under the
applicable program within the entire area disturbed or affected by
surface coal mining and reclamation operations.
(2) With respect to inactive surface coal mining and reclamation
operations:
(i) Conduct an average of at least one complete inspection per
calendar quarter of each inactive surface coal mining and reclamation
operation; and
(ii) Conduct such partial inspections of each inactive surface coal
mining and reclamation operation as are necessary to ensure effective
enforcement of the regulatory program and the Act.
(iii) For purposes of this section, an inactive surface coal mining
and reclamation operation is one for which --
(A) The Office has secured from the permittee the written notice
provided for under 816.131(b) or 817.131(b) of this chapter; or,
(B) Reclamation Phase II as defined at 800.40 of this chapter has
been completed.
(3) With respect to coal exploration operations, conduct such
inspections as are necessary to ensure compliance with the Act by those
coal explorations which substantially disturb the natural land surface.
(d) The inspections required under paragraphs (a), (b), and (c) of
this section shall:
(1) Be carried out on an irregular basis, so as to monitor compliance
at all operations, including those which operate nights, weekends, or
holidays;
(2) Occur without prior notice to the permittee or any agent or
employee of such permittee, except for necessary on-site meetings; and
(3) Include the prompt filing of inspection reports adequate to
enforce the requirements of the applicable program.
(e) Abandoned site means a surface coal mining and reclamation
operation for which the Office has found in writing that:
(1) All surface and underground coal mining and reclamation
activities at the site have ceased;
(2) The Office has issued at least one notice of violation or the
initial program equivalent, and either:
(i) Is unable to serve the notice despite diligent efforts to do so;
or
(ii) The notice was served and has progressed to a failure-to-abate
cessation order or the initial program equivalent;
(3) The Office:
(i) Is taking action to ensure that the permittee and operator, and
owners and controllers of the permittee and operator, will be precluded
from receiving future permits while violations continue at the site;
and
(ii) Is taking action pursuant to sections 518(e), 518(f), 521(a)(4)
or 521(c) of the Act or their regulatory program counterparts to ensure
that abatement occurs or that there will not be a recurrence of the
failure-to-abate, except where after evaluating the circumstances it
concludes that further enforcement offers little or no likelihood of
successfully compelling abatement or recovering any reclamation costs;
and
(4) Where the site is, or was, permitted or bonded:
(i) The permit has expired or been revoked, or permit revocation
proceedings have been initiated and are being pursued diligently; and
(ii) The Office has initiated and is diligently pursuing forfeiture
of, or has forfeited, the performance bond.
(f)(1) In lieu of the inspection frequency established in paragraph
(c) of this section, the Office shall inspect each abandoned site as
necessary to monitor for changes of environmental conditions or
operational status at the site.
(2) Before ceasing to perform inspections at the frequency required
by paragraph (c) of this section at an abandoned site, the regulatory
authority shall:
(i) Evaluate the environmental conditions and operational status of
the site; and
(ii) Document in writing the inspection frequency necessary to comply
with paragraph (f)(1) of this section, and the reasons for selecting
that frequency.
(Pub. L. 95-87, 30 U.S.C. 1201 et seq.)
(47 FR 35635, Aug. 16, 1982, as amended at 48 FR 44781, Sept. 30,
1983; 53 FR 24882, June 30, 1988; 53 FR 26744, July, 14, 1988)
Editorial Note: At 56 FR 25039, June 3, 1991, paragraph (e) of
842.11 was suspended insofar as it authorizes reduced inspection
frequencies at abandoned sites, and paragraph (f) of 842.11 was
suspended, effective July 3, 1991.
30 CFR 842.12 Requests for Federal inspections.
(a) A person may request a Federal inspection under 842.11(b) by
furnishing to an authorized representative of the Secretary a signed,
written statement (or an oral report followed by a signed, written
statement) giving the authorized representative reason to believe that a
violation, condition or practice referred to in 842.11(b)(1)(i) exists
and that the State regulatory authority, if any, has been notified, in
writing, of the existence of the violation, condition or practice. The
statement shall set forth a phone number and address where the person
can be contacted.
(b) The identity of any person supplying information to the Office
relating to a possible violation or imminent danger or harm shall remain
confidential with the Office, if requested by that person, unless that
person elects to accompany the inspector on the inspection, or unless
disclosure is required under the Freedom of Information Act (5 U.S.C.
552) or other Federal law.
(c) If a Federal inspection is conducted as a result of information
provided to the Office by a person as described in paragraph (a) of this
section, the person shall be notified as far in advance as practicable
when the inspection is to occur and shall be allowed to accompany the
authorized representative of the Secretary during the inspection. Such
person has a right of entry to, upon and through the coal exploration or
surface coal mining and reclamation operation about which he or she
supplied information, but only if he or she is in the presence of and is
under the control, direction and supervision of the authorized
representative while on the mine property. Such right of entry does not
include a right to enter buildings without consent of the person in
control of the building or without a search warrant.
(d) Within ten days of the Federal inspection or, if there is no
Federal inspection, within 15 days of receipt of the person's written
statement, the Office shall send the person the following.
(1) If a Federal inspection was made, a description of the
enforcement action taken, which may consist of copies of the Federal
inspection report and all notices of violation and cessation orders
issued as a result of the inspection, or an explanation of why no
enforcement action was taken;
(2) If no Federal inspection was conducted, an explanation of the
reason why; and
(3) An explanation of the person's right, if any, to informal review
of the action or inaction of the Office under 842.15.
(e) The Office shall give copies of all materials in paragraphs
(d)(1) and (d)(2) of this section within the time limits specified in
those paragraphs to the person alleged to be in violation, except that
the name of the person supplying information shall be removed unless
disclosure of his or her identity is permitted under paragraph (b) of
this section.
30 CFR 842.13 Right of entry.
(a) Each authorized representative of the Secretary conducting a
Federal inspection under 842.11:
(1) Shall have a right of entry to, upon, and through any coal
exploration or surface coal mining and reclamation operation without
advance notice or a search warrant, upon presentation of appropriate
credentials;
(2) May, at reasonable times and without delay, have access to and
copy any records, and inspect any monitoring equipment or method of
exploration or operation required under the applicable program; and,
(3) Shall have a right to gather physical and photographic evidence
to document conditions, practices or violations at the site.
(b) No search warrant shall be required with respect to any activity
under paragraph (a) of this section, except that a search warrant may be
required for entry into a building.
30 CFR 842.14 Review of adequacy and completeness of inspections.
Any person who is or may be adversely affected by a surface coal
mining and reclamation operation or a coal exploration operation may
notify the Director or his or her designee in writing of any alleged
failure on the part of the Office to make adequate and complete or
periodic Federal inspections. The notification shall include sufficient
information to create a reasonable belief that the regulations of this
part are not being complied with and to demonstrate that the person is
or may be adversely affected. The Director or his or her designee shall
within 15 days of receipt of the notification determine whether adequate
and complete or periodic inspections have been made. The Director or
his or her designee shall furnish the complainant with a written
statement of the reasons for such determination and the actions, if any,
taken to remedy the noncompliance.
30 CFR 842.15 Review of decision not to inspect or enforce.
(a) Any person who is or may be adversely affected by a coal
exploration or surface coal mining and reclamation operation may ask the
Director or his or her designee to review informally an authorized
representative's decision not to inspect or take appropriate enforcement
action with respect to any violation alleged by that person in a request
for Federal inspection under 842.12. The request for review shall be in
writing and include a statement of how the person is or may be adversely
affected and why the decision merits review.
(b) The Director or his or her designee shall conduct the review and
inform the person, in writing, of the results of the review within 30
days of his or her receipt of the request. The person alleged to be in
violation shall also be given a copy of the results of the review,
except that the name of the person who is or may be adversely affected
shall not be disclosed unless confidentiality has been waived or
disclosure is required under the Freedom of Information Act or other
Federal law.
(c) Informal review under this section shall not affect any right to
formal review under section 525 of the Act or to a citizen's suit under
section 520 of the Act.
(d) Any determination made under paragraph (b) of this section shall
constitute a decision of OSM within the meaning of 43 CFR 4.1281 and
shall contain a right of appeal to the Office of Hearings and Appeals in
accordance with 43 CFR part 4.
30 CFR 842.16 Availability of records.
(a) Copies of all records, reports, inspection materials, or
information obtained by the Office under Title V of the Act, this
chapter, a Federal program or Federal lands program, and a State program
being enforced by the Office under section 504(b) or 521(b) of the Act
and part 733 of this chapter or 842.11 or 842.12 shall be made
immediately available to the public in the area of mining until at least
five years after expiration of the period during which the subject
operation is active or is covered by any portion of a reclamation bond
so that they are conveniently available to residents of that area,
except --
(1) As otherwise provided by Federal law; and
(2) For information not required to be made available under 772.15,
773.13(d), or 840.14(d) of this chapter.
(b) The Office shall ensure compliance with paragraph (a) of this
section by either:
(1) Making copies of all such records, reports, inspection materials,
and other information available for public inspection at a Federal,
State or local government office in the county where the mining is
occurring or is proposed to occur; or
(2) At the Office's option and expense, providing copies of such
information promptly by mail at the request of any resident of the area
where the mining is occurring or is proposed to occur, provided that the
Office shall maintain for public inspection at a Federal, State, or
local government office in the county where the mining is occurring or
is proposed to occur a description of the information available for
mailing and the procedure for obtaining such information.
(c) Copies of documents and information required to be made available
under paragraph (a) of this section shall be provided to the State
regulatory authority, if any.
(Pub. L. 95-87, 30 U.S.C. 1201 et seq.)
(47 FR 35635, Aug. 16, 1982, as amended at 48 FR 44781, Sept. 30,
1983)
30 CFR 842.16 PART 843 -- FEDERAL ENFORCEMENT
Sec.
843.1 Scope.
843.5 Definitions.
843.10 Information collection.
843.11 Cessation orders.
843.12 Notices of violation.
843.13 Suspension or revocation of permits: Pattern of violations.
843.14 Service of notices of violation, cessation orders, and show
cause orders.
843.15 Informal public hearing.
843.16 Formal review of citations.
843.17 Failure to give notice and lack of information.
843.18 Inability to comply.
843.20 Compliance conference.
843.21 Procedures for improvidently issued State permits.
843.22 Enforcement actions at abandoned sites.
Authority: 30 U.S.C. 1201 et seq., as amended; and Pub. L.
100-34.
Source: 47 FR 35637, Aug. 16, 1982, unless otherwise noted.
30 CFR 843.1 Scope.
This part sets forth general rules regarding enforcement by the
Office of the Act, this chapter, any Federal program, the Federal lands
program, State programs being enforced by the Office in whole or in part
under section 504(b) or 521(b) of the Act and part 733 of this chapter
and (in limited circumstances) under 842.11 or 842.12 of this chapter,
and all conditions of permits and coal exploration approvals or permits
imposed under any of these programs, the Act, or this chapter.
30 CFR 843.5 Definitions.
As used in this part, the following terms have the specified
meanings:
Unwarranted failure to comply means the failure of a permittee to
prevent the occurrence of any violation of his or her permit or any
requirement of the Act due to indifference, lack of diligence, or lack
of reasonable care, or the failure to abate any violation of such permit
of the Act due to indifference, lack of diligence, or lack of reasonable
care.
Willful violation means an act or omission which violates the Act,
this chapter, the applicable program, or any permit condition required
by the Act, this chapter, or the applicable program, committed by a
person who intends the result which actually occurs.
30 CFR 843.10 Information collection.
The information collection requirements contained in 843.14(c) and
843.16 have been approved by the Office of Management and Budget under
44 U.S.C. 3507 and assigned clearance number 1029-0052. The information
is needed to ensure that violations can be corrected in a timely manner,
to afford the operator an opportunity to respond to those violations,
and to provide fairness in the enforcement process. The obligation to
respond is mandatory.
30 CFR 843.11 Cessation orders.
(a)(1) An authorized representative of the Secretary shall
immediately order a cessation of surface coal mining and reclamation
operations or of the relevant portion thereof, if he or she finds, on
the basis of any Federal inspection, any condition or practice, or any
violation of the Act, this chapter, any applicable program, or any
condition of an exploration approval or permit imposed under any such
program, the Act, or this chapter which:
(i) Creates an imminent danger to the health or safety of the public;
or
(ii) Is causing or can reasonably be expected to cause significant,
imminent environmental harm to land, air, or water resources.
(2) Surface coal mining operations conducted by any person without a
valid surface coal mining permit constitute a condition or practice
which causes or can reasonably be expected to cause significant imminent
environmental harm to land, air, or water resources unless such
operations:
(i) Are an integral, uninterrupted extension of previously permitted
operations, and the person conducting such operations has filed a timely
and complete application for a permit to conduct such operations; or
(ii) Were conducted lawfully without a permit under the interim
regulatory program because no permit has been required for such
operations by the State in which the operations were conducted.
(3) If the cessation ordered under paragraph (a)(1) of this section
will not completely abate the imminent danger or harm in the most
expeditious manner physically possible, the authorized representative of
the Secretary shall impose affirmative obligations on the permittee to
abate the imminent danger or significant environmental harm. The order
shall specify the time by which abatement shall be accomplished.
(b)(1) When a notice of violation has been issued under 843.12(a)
and the permittee fails to abate the violation within the abatement
period fixed or subsequently extended by the authorized representative,
the authorized representative of the Secretary shall immediately order a
cessation of coal exploration or surface coal mining and reclamation
operations, or of the portion relevant to the violation.
(2) A cessation order issued under this paragraph (b) shall require
the permittee to take all steps the authorized representative of the
Secretary deems necessary to abate the violations covered by the order
in the most expeditious manner physically possible.
(c) A cessation order issued under paragraphs (a) or (b) of this
section shall be in writing, signed by the authorized representative who
issues it, and shall set forth with reasonable specificity: (1) The
nature of the condition, practice or violation; (2) the remedial action
or affirmative obligation required, if any, including interim steps, if
appropriate; (3) the time established for abatement, if appropriate;
and (4) a reasonable description of the portion of the coal exploration
or surface coal mining and reclamation operation to which it applies.
The order shall remain in effect until the condition, practice or
violation resulting in the issuance of the cessation order has been
abated or until vacated, modified or terminated in writing by an
authorized representative of the Secretary, or until the order expires
pursuant to section 521(a)(5) of the Act and 843.15.
(d) Reclamation operations and other activities intended to protect
public health and safety and the environment shall continue during the
period of any order unless otherwise provided in the order.
(e) An authorized representative of the Secretary may modify,
terminate or vacate a cessation order for good cause, and may extend the
time for abatement if the failure to abate within the time previously
set was not caused by lack of diligence on the part of the permittee.
(f) An authorized representative of the Secretary shall terminate a
cessation order by written notice to the permittee when he or she
determines that all conditions, practices or violations listed in the
order have been abated. Termination shall not affect the right of the
Office to assess civil penalties for those violations under part 845 of
this chapter.
(g) Where OSMRE is the regulatory authority, within sixty days after
issuing a cessation order, OSMRE shall notify in writing any person who
has been identified under 773.17(i) and 778.13 (c) and (d) of this
chapter as owning or controlling the permittee, that the cessation order
was issued and that the person has been identified as an owner or
controller.
(47 FR 35637, Aug. 16, 1982, as amended at 54 FR 8992, Mar. 2, 1989;
54 FR 13823, Apr. 5, 1989)
30 CFR 843.12 Notices of violation.
(a)(1) An authorized representative of the Secretary shall issue a
notice of violation if, on the basis of a Federal inspection carried out
during the enforcement of a Federal program or Federal lands program or
during Federal enforcement of a State program under section 504(b) or
521(b) of the Act and part 733 of this chapter, he finds a violation of
the Act, this chapter, the applicable program or any condition of a
permit or an exploration approval imposed under such program, the Act,
or this Chapter, which does not create an imminent danger or harm for
which a cessation order must be issued under 843.11.
(2) When, on the basis of any Federal inspection other than one
described in paragraph (a)(1) of this section, an authorized
representative of the Secretary determines that there exists a violation
of the Act, the State program, or any condition of a permit or
exploration approval required by the Act which does not create an
imminent danger or harm for which a cessation order must be issued under
843.11, the authorized representative shall give a written report of
the violation to the State and to the permittee so that appropriate
action can be taken by the State. Where the State fails within ten days
after notification to take appropriate action to cause the violation to
be corrected, or to show good cause for such failure, subject to the
procedures of 842.11(b)(1)(iii) of this chapter, the authorized
representative shall reinspect and, if the violation continues to exist,
shall issue a notice of violation or cessation order, as appropriate.
No additional notification to the State by the Office is required before
the issuance of a notice of violation if previous notification was given
under 842.11(b)(1)(ii)(B) of this chapter.
(b) A notice of violation issued under this section shall be in
writing signed by the authorized representative who issues it, and shall
set forth with reasonable specificity:
(1) The nature of the violation;
(2) The remedial action required, which may include interim steps;
(3) A reasonable time for abatement, which may include time for
accomplishment of interim steps; and
(4) A reasonable description of the portion of the coal exploration
or surface coal mining and reclamation operation to which it applies.
(c) An authorized representative of the Secretary may extend the time
set for abatement or for accomplishment of an interim step, if the
failure to meet the time previously set was not caused by lack of
diligence on the part of the permittee. The total time for abatement
under a notice of violation, including all extensions, shall not exceed
90 days from the date of issuance, except upon a showing by the
permittee that it is not feasible to abate the violation within 90
calendar days due to one or more of the circumstances in paragraph (f)
of this section. An extended abatement date pursuant to this section
shall not be granted when the permittee's failure to abate within 90
days has been caused by a lack of diligence or intentional delay by the
permittee in completing the remedial action required.
(d)(1) If the permittee fails to meet the time set for abatement the
authorized representative shall issue a cessation order under
843.11(b).
(2) If the permittee fails to meet the time set for accomplishment of
any interim step the authorized representative may issue a cessation
order under 843.11(b).
(e) An authorized representative of the Secretary shall terminate a
notice of violation by written notice to the permittee when he
determines that all violations listed in the notice of violation have
been abated. Termination shall not affect the right of the Office to
assess civil penalties for those violations under 30 CFR part 845.
(f) Circumstances which may qualify a surface coal mining operation
for an abatement period of more than 90 days are:
(1) Where the permittee of an ongoing permitted operation has timely
applied for and diligently pursued a permit renewal or other necessary
approval of designs or plans but such permit or approval has not been or
will not be issued within 90 days after a valid permit expires or is
required, for reasons not within the control of the permittee;
(2) Where there is a valid judicial order precluding abatement within
90 days as to which the permittee has diligently pursued all rights of
appeal and as to which he or she has no other effective legal remedy;
(3) Where the permittee cannot abate within 90 days due to a labor
strike;
(4) Where climatic conditions preclude abatement within 90 days, or
where, due to climatic conditions, abatement within 90 days clearly
would cause more environmental harm than it would prevent; or
(5) Where abatement within 90 days requires action that would violate
safety standards established by statute or regulation under the Mine
Safety and Health Act of 1977.
(g) Whenever an abatement time in excess of 90 days is permitted,
interim abatement measures shall be imposed to the extent necessary to
minimize harm to the public or the environment.
(h) If any of the conditions in paragraph (f) of this section exists,
the permittee may request the authorized representative to grant an
abatement period exceeding 90 days. The authorized representative shall
not grant such an abatement period without the concurrence of the
Director or his or her designee and the abatement period granted shall
not exceed the shortest possible time necessary to abate the violation.
The permittee shall have the burden of establishing by clear and
convincing proof that he or she is entitled to an extension under the
provisions of 843.12(c) and (f). In determining whether or not to
grant an abatement period exceeding 90 days the authorized
representative may consider any relevant written or oral information
from the permittee or any other source. The authorized representative
shall promptly and fully document in the file his or her reasons for
granting or denying the request. The authorized representative's
immediate supervisor shall review this document before concurring in or
disapproving the extended abatement date and shall promptly and fully
document the reasons for his or her concurrence or disapproval in the
file.
(i) Any determination made under paragraph (h) of this section shall
contain a right of appeal to the Office of Hearings and Appeals in
accordance with 43 CFR 4.1281 and the regulations at 43 CFR part 4.
(j) No extension granted under paragraph (h) of this section may
exceed 90 days in length. Where the condition or circumstance which
prevented abatement within 90 days exists at the expiration of any such
extension, the permittee may request a further extension in accordance
with the procedures of paragraph (h) of this section.
(47 FR 35637, Aug. 16, 1982, as amended at 53 FR 26744, July 14,
1988)
30 CFR 843.13 Suspension or revocation of permits: Pattern of
violations.
(a)(1) The Director shall issue an order to a permittee requiring him
or her to show cause why his or her permit and right to mine under the
Act should not be suspended or revoked, if the Director determines that
a pattern of violations of any requirements of the Act, this chapter,
the applicable program, or any permit condition required by the Act
exists or has existed, and that the violations were caused by the
permittee willfully or through unwarranted failure to comply with those
requirements or conditions. Violations by any person conducting surface
coal mining operations on behalf of the permittee shall be attributed to
the permittee, unless the permittee establishes that they were acts of
deliberate sabotage. The Director shall promptly file a copy of any
order to show cause with the Office of Hearings and Appeals and the
State regulatory authority, if any.
(2) The Director may determine that a pattern of violations exists or
has existed, based upon two or more Federal inspections of the permit
area within any 12-month period, after considering the circumstances,
including:
(i) The number of violations, cited on more than one occasion, of the
same or related requirements of the Act, this chapter, the applicable
program, or the permit;
(ii) The number of violations, cited on more than one occasion, of
different requirements of the Act, this chapter, the applicable program,
or the permit; and
(iii) The extent to which the violations were isolated departures
from lawful conduct.
(3) The Director shall promptly review the history of violations of
any permittee who has been cited for violations of the same or related
requirements of the Act, this chapter, the applicable program, or the
permit during three or more Federal inspections of the permit area
within any 12-month period. If, after such review, the Director
determines that a pattern of violations exists or has existed, he or she
shall issue an order to show cause as provided in paragraph (a)(1) of
this section.
(4)(i) In determining the number of violations within any 12-month
period, the Director shall consider only violations issued as a result
of a Federal inspection carried out --
(A) During enforcement of a Federal program or a Federal lands
program;
(B) During the interim program and before the applicable State
program was approved pursuant to section 502 or 504 of the Act; or
(C) During Federal enforcement of a State program in accordance with
section 504(b) or 521(b) of the Act.
(ii) The Director may not consider violations issued as a result of
inspections other than those mentioned in paragraph (a)(4)(i) of this
section in determining whether to exercise his or her discretion under
paragraph (a)(2) of this section, except as evidence of the willful or
unwarranted nature of the permittee's failure to comply.
(b) If the permittee files an answer to the show cause order and
requests a hearing under 43 CFR part 4, a public hearing shall be
provided as set forth in that part. The Office of Hearings and Appeals
shall give thirty days written notice of the date, time and place of the
hearing to the Director, the permittee, the State regulatory authority,
if any, and any intervenor. Upon receipt of the notice, the Director
shall publish it, if practicable, in a newspaper of general circulation
in the area of the surface coal mining and reclamation operations, and
shall post it at the State or field office closest to those operations.
(c) Within sixty days after the hearing, and within the time limits
set forth in 43 CFR part 4, the Office of Hearings and Appeals shall
issue a written determination as to whether a pattern of violations
exists and, if appropriate, an order. If the Office of Hearings and
Appeals revokes or suspends the permit and the permittee's right to mine
under the Act, the permittee shall immediately cease surface coal mining
operations on the permit area and shall:
(1) If the permit and the right to mine under the Act are revoked,
complete reclamation within the time specified in the order; or
(2) If the permit and the right to mine under the Act are suspended,
complete all affirmative obligations to abate all conditions, practices,
or violations as specified in the order.
(d) Whenever a permittee fails to abate a violation contained in a
notice of violation or cessation order within the abatement period set
in the notice or order or as subsequently extended, the Director shall
review the permittee's history of violations to determine whether a
pattern of violations exists pursuant to this section, and shall issue
an order to show cause as appropriate pursuant to 845.15(b)(2) of this
chapter.
30 CFR 843.14 Service of notices of violation, cessation orders, and
show cause orders.
(a) A notice of violation, cessation order, or show cause order shall
be served on the person to whom it is directed or his or her designated
agent promptly after issuance, as follows:
(1) By tendering a copy at the coal exploration or surface coal
mining and reclamation operation to the designated agent or to the
individual who, based upon reasonable inquiry, appears to be in charge.
If no such individual can be located at the site, a copy may be tendered
to any individual at the site who appears to be an employee or agent of
the person to whom the notice or order is issued. Service shall be
complete upon tender of the notice or order and shall not be deemed
incomplete because of refusal to accept.
(2) As an alternative to paragraph (a)(1) of this section, service
may be made by sending a copy of the notice or order by certified mail
or by hand to the permittee or his or her designated agent, or by any
means consistent with the rules governing service of a summons and
complaint under rule 4 of the Federal Rules of Civil Procedure. Service
shall be complete upon tender of the notice or order or of the certified
mail and shall not be deemed incomplete because of refusal to accept.
(b) Designation by any person of an agent for service of notices and
orders shall be made in writing to the appropriate State or field office
of the Office.
(c) The Office shall furnish copies of notices and orders to the
State regulatory authority, if any, promptly after their issuance. The
Office may furnish copies to any person having an interest in the coal
exploration, surface coal mining and reclamation operation, or the
permit area.
(47 FR 35637, Aug. 16, 1982, as amended at 56 FR 28445, June 20,
1991)
Effective Date Note: At 56 FR 28445, June 20, 1991, 843.14 was
amended by revising paragraph (a)(2), effective July 22, 1991. For the
convenience of the user of this volume, the superseded text appears
below.
843.14 Service of notices of violation, cessation orders, and show
cause orders.
* * *
(2) As an alternative to paragraph (a)(1) of this section, service
may be made by sending a copy of the notice or order by certified mail
or by hand to the permittee or his or her designated agent. Service
shall be complete upon tender of the notice or order or of the mail and
shall not be deemed incomplete because of refusal to accept.
30 CFR 843.15 Informal public hearing.
(a) Except as provided in paragraphs (b) and (c) of this section, a
notice of violation or cessation order which requires cessation of
mining, expressly or by necessary implication, shall expire within 30
days after it is served unless an informal public hearing has been held
within that time. The hearing shall be held at or reasonably close to
the mine site so that it may be viewed during the hearing or at any
other location acceptable to the Office and the person to whom the
notice or order was issued. The Office of Surface Mining office nearest
to the mine site shall be deemed to be reasonably close to the mine site
unless a closer location is requested and agreed to by the Office.
Expiration of a notice or order shall not affect the Office's right to
assess civil penalties with respect to the period during which the
notice or order was in effect. No hearing will be required where the
condition, practice, or violation in question has been abated or the
hearing has been waived. For purposes of this section only, ''mining''
includes (1) extracting coal from the earth or from coal waste piles and
transporting it within or from the permit area, and (2) the processing,
cleaning, concentrating, preparing or loading of coal where such
operations occur at a place other than at a mine site.
(b) A notice of violation or cessation order shall not expire as
provided in paragraph (a) of this section if the informal public hearing
has been waived, or if, with the consent of the person to whom the
notice or order was issued, the informal public hearing is held later
than 30 days after the notice or order was served. For purposes of this
subsection:
(1) The informal public hearing will be deemed waived if the person
to whom the notice or order was issued:
(i) Is informed, by written notice served in the manner provided in
paragraph (b)(2) of this section, that he or she will be deemed to have
waived an informal public hearing unless he or she requests one within
30 days after service of the notice; and
(ii) Fails to request an informal public hearing within that time.
(2) The written notice referred to in paragraph (b)(1)(i) of this
section shall be delivered to such person by an authorized
representative or sent by certified mail to such person no later than 5
days after the notice or order is served on such person.
(3) The person to whom the notice or order is issued shall be deemed
to have consented to an extension of the time for holding the informal
public hearing if his or her request is received on or after the 21st
day after service of the notice or order. The extension of time shall
be equal to the number of days elapsed after the 21st day.
(c) The Office shall give as much advance notice as is practicable of
the time, place, and subject matter of the informal public hearing to:
(1) The person to whom the notice or order was issued;
(2) Any person who filed a report which led to that notice or order;
and
(3) The State regulatory authority, if any.
(d) The Office shall also post notice of the hearing at the State or
field office closest to the mine site and, where practicable, publish it
in a newspaper of general circulation in the area of the mine.
(e) Section 554 of Title 5 of the United States Code, regarding
requirements for formal adjudicatory hearings, shall not govern informal
public hearings. An informal public hearing shall be conducted by a
representative of the Office, who may accept oral or written arguments
and any other relevant information from any person attending.
(f) Within five days after the close of the informal public hearing,
the Office shall affirm, modify, or vacate the notice or order in
writing. The decision shall be sent to --
(1) The person to whom the notice or order was issued;
(2) Any person who filed a report which led to the notice or order;
and
(3) The State regulatory authority, if any.
(g) The granting or waiver of an informal public hearing shall not
affect the right of any person to formal review under section 518(b),
521(a)(4), or 525 of the Act.
(h) The person conducting the hearing for the Office shall determine
whether or not the mine site should be viewed during the hearing. In
making this determination the only consideration shall be whether a view
of the mine site will assist the person conducting the hearing in
reviewing the appropriateness of the enforcement action or of the
required remedial action.
30 CFR 843.16 Formal review of citations.
(a) A person issued a notice of violation or cessation order under
843.11 or 843.12, or a person having an interest which is or may be
adversely affected by the issuance, modification, vacation or
termination of a notice or order, may request review of that action by
filing an application for review and request for hearing under 43 CFR
part 4, within 30 days after receiving notice of the action.
(b) The filing of an application for review and request for a hearing
under this Section shall not operate as a stay of any notice or order,
or of any modification, termination or vacation of either.
30 CFR 843.17 Failure to give notice and lack of information.
No notice of violation, cessation order, show cause order, or order
revoking or suspending a permit may be vacated for failure to give the
notice to the State regulatory authority required under
842.11(b)(1)(ii)(B) of this chapter or because it is subsequently
determined that the Office did not have information sufficient, under
842.11(b)(1) and 842.11(b)(2) of this chapter, to justify an inspection.
30 CFR 843.18 Inability to comply.
(a) No cessation order or notice of violation issued under this part
may be vacated because of inability to comply.
(b) Inability to comply may not be considered in determining whether
a pattern of violations exists.
(c) Unless caused by lack of diligence, inability to comply may be
considered only in mitigation of the amount of civil penalty under part
845 of this chapter and of the duration of the suspension of a permit
under 843.13(c).
30 CFR 843.20 Compliance conference.
(a) A permittee may request an on-site compliance conference with an
authorized representative to review the compliance status of any
condition or practice proposed at any coal exploration or surface coal
mining and reclamation operation. Any such conference shall not
constitute an inspection within the meaning of section 517 of the Act
and 842.11.
(b) The Office may accept or refuse any request to conduct a
compliance conference under paragraph (a). Where the Office accepts
such a request, reasonable notice of the scheduled date and time of the
compliance conference shall be given to the permittee.
(c) The authorized representative at any compliance conference shall
review such proposed conditions and practices as the permittee may
request in order to determine whether any such condition or practice may
become a violation of any requirement of the Act of any applicable
permit or exploration approval.
(d) Neither the holding of a compliance conference under this section
nor any opinion given by the authorized representative at such a
conference shall affect:
(1) Any rights or obligations of the Office or of the permittee with
respect to any inspection, notice of violation or cessation order,
whether prior or subsequent to such conference; or
(2) The validity of any notice of violation or cessation order issued
with respect to any condition or practice reviewed at the compliance
conference.
30 CFR 843.21 Procedures for improvidently issued State permits.
(a) Initial notice. If OSMRE has reason to believe that a State
surface coal mining and reclamation permit meets the criteria for an
improvidently issued permit in 773.20(b) of this chapter, or the State
program equivalent, and the State has failed to take appropriate action
on the permit under State program equivalents of 773.20 and 773.21 of
this chapter, OSMRE shall issue to the State, and should provide to the
permittee, an initial notice stating in writing the reasons for that
belief.
(b) State response. Within thirty days of the date on which an
initial notice is issued under paragraph (a) of this section, the State
shall demonstrate to OSMRE in writing either that:
(1) The permit does not meet the criteria of 773.20(b) of this
chapter, or the State program equivalent; or
(2) The State is in compliance with the State program equivalents of
773.20 and 773.21 of this chapter.
(c) Ten-day notice. If OSMRE finds that the State has failed to make
the demonstration required by paragraph (b) of this section, OSMRE shall
issue to the State a ten-day notice stating in writing the reasons for
that finding and requesting that within ten days the State take
appropriate action under the State program equivalents of 773.20 and
773.21 of this chapter;
(d) Federal enforcement. After ten days from the date on which a
ten-day notice is issued under paragraph (c) of this section, if OSMRE
finds that the State has failed to take appropriate action under the
State program equivalents of 773.20 and 773.21 of this chapter, or to
show good cause for such failure, OSMRE shall take appropriate remedial
action. Such remedial action may include the issuance to the permittee
of a notice of violation requiring that by a specified date all mining
operations shall cease and reclamation of all areas for which a
reclamation obligation exists shall commence or continue unless, to the
satisfaction of the responsible agency, any violation, penalty or fee on
which the notice of violation was based is abated or paid, an abatement
plan or payment schedule is entered into, or any ownership or control
link with the person responsible for the violation, penalty or fee is
severed and the permittee does not continue to be responsible for the
violation, penalty or fee. Under this paragraph, good cause shall not
include the lack of State program equivalents of 773.20 and 773.21 of
this chapter.
(e) Remedies to notice of violation. Upon receipt from any person of
information concerning the issuance of a notice of violation under
paragraph (d) of this section, OSMRE shall review the information and:
(1) Vacate the notice of violation if it resulted from an erroneous
conclusion under this section; or
(2) Terminate the notice of violation if:
(i) The permittee or other person responsible has, to the
satisfaction of the responsible agency, abated any violation or paid any
penalty or fee on which the notice of violation was based;
(ii) The permittee or other person responsible has filed and is
pursuing a good faith appeal of the violation, penalty or fee, or has
entered into and is complying with an abatement plan or payment schedule
to the satisfaction of the responsible agency; or
(iii) Since the notice of violation was issued, the permittee has
severed any ownership or control link with the person responsible for,
and does not continue to be responsible for, the violation, penalty or
fee;
(f) No civil penalty. OSMRE shall not assess a civil penalty for a
notice of violation issued under this section.
(54 FR 18463, Apr. 28, 1989)
30 CFR 843.22 Enforcement actions at abandoned sites.
The Office may refrain from issuing a notice of violation or
cessation order for a violation at an abandoned site, as defined in
842.11(e) of this chapter, if abatement of the violation is required
under any previously issued notice or order.
(53 FR 24882, June 30, 1988)
30 CFR 843.22 PART 845 -- CIVIL PENALTIES
Sec.
845.1 Scope.
845.2 Objective.
845.11 How assessements are made.
845.12 When penalty will be assessed.
845.13 Point system for penalties.
845.14 Determination of amount of penalty.
845.15 Assessment of separate violations for each day.
845.16 Waiver of use of formula to determine civil penalty.
845.17 Procedures for assessment of civil penalties.
845.18 Procedures for assessment conference.
845.19 Request for hearing.
845.20 Final assessment and payment of penalty.
845.21 Use of civil penalties for reclamation.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq., Pub. L. 100-34;
Pub. L. 100-202, and Pub. L. 100-446.
Source: 47 FR 35640, Aug. 16, 1982, unless otherwise noted.
30 CFR 845.1 Scope.
This part covers the assessment of civil penalties under section 518
of the Act with respect to cessation orders and notices of violation
issued under part 843 (Federal Enforcement), except for the assessment
of individual civil penalties under section 518(f), which is covered in
part 846.
(53 FR 3675, Feb. 8, 1988)
30 CFR 845.2 Objective.
Civil penalties are assessed under section 518 of the Act and this
part to deter violations and to ensure maximum compliance with the terms
and purposes of the Act on the part of the coal mining industry.
30 CFR 845.11 How assessments are made.
The Office shall review each notice of violation and cessation order
in accordance with the assessment procedures described in 30 CFR 845.12,
845.13, 845.14, 845.15, and 845.16 to determine whether a civil penalty
will be assessed, the amount of the penalty, and whether each day of a
continuing violation will be deemed a separate violation for purposes of
the total penalty assessed.
30 CFR 845.12 When penalty will be assessed.
(a) The Office shall assess a penalty for each cessation order.
(b) The Office shall assess a penalty for each notice of violation,
if the violation is assigned 31 points or more under the point system
described in 30 CFR 845.13.
(c) The Office may assess a penalty for each notice of violation
assigned 30 points or less under the point system described in 30 CFR
845.13. In determining whether to assess a penalty, the Office shall
consider the factors listed in 30 CFR 845.13(b).
30 CFR 845.13 Point system for penalties.
(a) The Office shall use the point system described in this section
to determine the amount of the penalty and, in the case of notices of
violation, whether a mandatory penalty should be assessed as provided in
30 CFR 845.12(b).
(b) Points shall be assigned as follows:
(1) History of previous violations. The Office shall assign up to 30
points based on the history of previous violations. One point shall be
assigned for each past violation contained in a notice of violation.
Five points shall be assigned for each violation (but not a condition or
practice) contained in a cessation order. The history of previous
violations, for the purpose of assigning points, shall be determined and
the points assigned with respect to a particular coal exploration or
surface coal mining operation. Points shall be assigned as follows:
(i) A violation shall not be counted, if the notice or order is the
subject of pending administrative or judicial review or if the time to
request such review or to appeal any administrative or judicial decision
has not expired, and thereafter it shall be counted for only one year.
(ii) No violation for which the notice or order has been vacated
shall be counted; and
(iii) Each violation shall be counted without regard to whether it
led to a civil penalty assessment.
(2) Seriousness. The Office shall assign up to 30 points based on
the seriousness of the violation, as follows:
(i) Probability of occurrence. The Office shall assign up to 15
points based on the probability of the occurrence of the event which a
violated standard is designed to prevent. Points shall be assessed
according to the following schedule:
(ii) Extent of potential or actual damage. The Office shall assign
up to 15 points, based on the extent of the potential or actual damage,
in terms of area and impact on the public or environment, as follows:
(A) If the damage or impact which the violated standard is designed
to prevent would remain within the coal exploration or permit area, the
Office shall assign zero to seven points, depending on the duration and
extent of the damage or impact.
(B) If the damage or impact which the violated standard is designed
to prevent would extend outside the coal exploration or permit area, the
Office shall assign eight to fifteen points, depending on the duration
and extent of the damage or impact
(iii) Alternative. In the case of a violation of an administrative
requirement, such as a requirement to keep records, the Office shall, in
lieu of paragraphs (b)(2) (i) and (ii), assign up to 15 points for
seriousness, based upon the extent to which enforcement is obstructed by
the violation.
(3) Negligence. (i) The Office shall assign up to 25 points based on
the degree of fault of the person to whom the notice or order was issued
in causing or failing to correct the violation, condition, or practice
which led to the notice or order, either through act or omission.
Points shall be assessed as follows:
(A) A violation which occurs through no negligence shall be assigned
no penalty points for negligence;
(B) A violation which is caused by negligence shall be assigned 12
points or less, depending on the degree of negligence;
(C) A violation which occurs through a greater degree of fault than
negligence shall be assigned 13 to 25 points, depending on the degree of
fault.
(ii) In determining the degree of negligence involved in a violation
and the number of points to be assigned, the following definitions
apply:
(A) No negligence means an inadvertent violation which was
unavoidable by the exercise of reasonable care.
(B) Negligence means the failure of a permittee to prevent the
occurrence of any violation of his or her permit or any requirement of
the Act or this Chapter due to indifference, lack or diligence, or lack
of reasonable care, or the failure to abate any violation of such permit
or the Act due to indifference, lack of diligence, or lack of reasonable
care.
(C) A greater degree of fault than negligence means reckless,
knowing, or intentional conduct.
(iii) In calculating points to be assigned for negligence, the acts
of all persons working on the coal exploration or surface coal mining
and reclamation site shall be attributed to the person to whom the
notice or order was issued, unless that person establishes that they
were acts of deliberate sabotage.
(4) Good faith in attempting to achieve compliance.
(i) The Office shall add points based on the degree of good faith of
the person to whom the notice or order was issued in attempting to
achieve rapid compliance after notification of the violation. Points
shall be assigned as follows:
(ii) The following definitions shall apply under paragraph (b)(4)(i)
of this section:
(A) Rapid compliance means that the person to whom the notice or
order was issued took extraordinary measures to abate the violation in
the shortest possible time and that abatement was achieved before the
time set for abatement.
(B) Normal compliance means the person to whom the notice or order
was issued abated the violation within the time given for abatement.
(iii) If the consideration of this criterion is impractical because
of the length of the abatement period, the assessment may be made
without considering this criterion and may be reassessed after the
violation has been abated.
30 CFR 845.14 Determination of amount of penalty.
The Office shall determine the amount of any civil penalty by
converting the total number of points assigned under 30 CFR 845.13 to a
dollar amount, according to the following schedule:
30 CFR 845.15 Assessment of separate violations for each day.
(a) The Office may assess separately a civil penalty for each day
from the date of issuance of the notice of violation or cessation order
to the date set for abatement of the violation. In determining whether
to make such an assessment, the Office shall consider the factors listed
in 30 CFR 845.13 and may consider the extent to which the person to whom
the notice or order was issued gained any economic benefit as a result
of a failure to comply. For any violation which continues for two or
more days and which is assigned more than 70 points under 845.13(b),
the Office shall assess a penalty for a minimum of two separate days.
(b) In addition to the civil penalty provided for in paragraph (a),
whenever a violation contained in a notice of violation or cessation
order has not been abated within the abatement period set in the notice
or order or as subsequently extended pursuant to section 521(a) of the
Act, a civil penalty of not less than $750 shall be assessed for each
day during which such failure to abate continues, except that:
(1)(i) If suspension of the abatement requirements of the notice or
order is ordered in a temporary relief proceeding under section 525(c)
of the Act, after a determination that the person to whom the notice or
order was issued will suffer irreparable loss or damage from the
application of the requirements, the period permitted for abatement
shall not end until the date on which the Office of Hearings and Appeals
issues a final order with respect to the violation in question; and
(ii) If the person to whom the notice or order was issued initiates
review proceedings under section 526 of the Act with respect to the
violation, in which the obligations to abate are suspended by the court
pursuant to section 526(c) of the Act, the daily assessment of a penalty
shall not be made for any period before entry of a final order by the
court;
(2) Such penalty for the failure to abate the violation shall not be
assessed for more than 30 days for each such violation. If the
permittee has not abated the violation within the 30-day period, the
Office shall take appropriate action pursuant to section 518(e), 518(f),
521(a)(4), or 521(c) of the Act within 30 days to ensure that abatement
occurs or to ensure that there will not be a reoccurrence of the failure
to abate.
30 CFR 845.16 Waiver of use of formula to determine civil penalty.
(a) The Director, upon his own initiative or upon written request
received within 15 days of issuance of a notice of violation or a
cessation order, may waive the use of the formula contained in 30 CFR
845.13 to set the civil penalty, if he or she determines that, taking
into account exceptional factors present in the particular case, the
penalty is demonstrably unjust. However, the Director shall not waive
the use of the formula or reduce the proposed assessment on the basis of
an argument that a reduction in the proposed penalty could be used to
abate violations of the Act, this chapter, any applicable program, or
any condition of any permit or exploration approval. The basis for
every waiver shall be fully explained and documented in the records of
the case.
(b) If the Director waives the use of the formula, he or she shall
use the criteria set forth in 30 CFR 845.13(b) to determine the
appropriate penalty. When the Director has elected to waive the use of
the formula, he or she shall give a written explanation of the basis for
the assessment made to the person to whom the notice or order was
issued.
30 CFR 845.17 Procedures for assessment of civil penalties.
(a) Within 15 days of service of a notice or order, the person to
whom it was issued may submit written information about the violation to
the Office and to the inspector who issued the notice of violation or
cessation order. The Office shall consider any information so submitted
in determining the facts surrounding the violation and the amount of the
penalty.
(b) The Office shall serve a copy of the proposed assessment and of
the work sheet showing the computation of the proposed assessment on the
person to whom the notice or order was issued, by certified mail, or by
any alternative means consistent with the rules governing service of a
summons or complaint under rule 4 of the Federal Rules of Civil
Procedure, within 30 days of the issuance of the notice or order.
(1) If a copy of the proposed assessment and work sheet or the
certified mail is tendered at the address of that person required under
30 CFR 816.11, or at any address at which that person is in fact
located, and he or she refuses to accept delivery of or to collect such
documents, the requirements of this paragraph shall be deemed to have
been complied with upon such tender.
(2) Failure by the Office to serve any proposed assessment within 30
days shall not be grounds for dismissal of all or part of such
assessment unless the person against whom the proposed penalty has been
assessed --
(i) Proves actual prejudice as a result of the delay; and,
(ii) Makes a timely objection to the delay. An objection shall be
timely only if made in the normal course of administrative review.
(c) Unless a conference has been requested, the Office shall review
and reassess any penalty if necessary to consider facts which were not
reasonably available on the date of issuance of the proposed assessment
because of the length of the abatement period. The Office shall serve a
copy of any such reassessment and of the worksheet showing the
computation of the reassessment in the manner provided in paragraph (b),
within 30 days after the date the violation is abated.
(47 FR 35640, Aug. 16, 1982, as amended at 56 FR 28446, June 20,
1991)
Effective Date Note: At 56 FR 28446, June 20, 1991, 845.17 was
amended by revising paragraphs (b) introductory text and (b)(1),
effective July 22, 1991. For the convenience of the user of this
volume, the superseded text appears below.
(b) The Office shall serve a copy of the proposed assessment and of
the worksheet showing the computation of the proposed assessment on the
person to whom the notice or order was issued, by certified mail, within
30 days of the issuance of the notice or order.
(1) If the mail is tendered at the address of that person set forth
in the sign required under 30 CFR 816.11, or at any address at which
that person is in fact located, and he or she refuses to accept delivery
of or to collect such mail, the requirements of this paragraph shall be
deemed to have been complied with upon such tender.
30 CFR 845.18 Procedures for assessment conference.
(a) The Office shall arrange for a conference to review the proposed
assessment or reassessment, upon written request of the person to whom
the notice or order was issued, if the request is received within 30
days from the date the proposed assessment or reassessment is received.
(b)(1) The Office shall assign a conference officer to hold the
assessment conference. The assessment conference shall not be governed
by section 554 of title 5 of the United States Code, regarding
requirements for formal adjudicatory hearings. The assessment
conference shall be held within 60 days from the date the conference
request is received or the end of the abatement period, whichever is
later: Provided, That a failure by the Office to hold such conference
within 60 days shall not be grounds for dismissal of all or part of an
assessment unless the person against whom the proposed penalty has been
assessed proves actual prejudice as a result of the delay.
(2) The Office shall post notice of the time and place of the
conference at the State or field office closest to the mine at least 5
days before the conference. Any person shall have a right to attend and
participate in the conference.
(3) The conference officer shall consider all relevant information on
the violation. Within 30 days after the conference is held, the
conference officer shall either:
(i) Settle the issues, in which case a settlement agreement shall be
prepared and signed by the conference officer on behalf of the Office
and by the person assessed; or
(ii) Affirm, raise, lower, or vacate the penalty.
(4) An increase or reduction of a proposed civil penalty assessment
of more than 25 percent and more than $500 shall not be final and
binding on the Secretary, until approved by the Director or his or her
designee.
(c) The conference officer shall promptly serve the person assessed
with a notice of his or her action in the manner provided in 30 CFR
845.17(b) and shall include a worksheet if the penalty has been raised
or lowered. The reasons for the conference officer's action shall be
fully documented in the file.
(d)(1) If a settlement agreement is entered into, the person assessed
will be deemed to have waived all rights to further review of the
violation or penalty in question, except as otherwise expressly provided
for in the settlement agreement. The settlement agreement shall contain
a clause to this effect.
(2) If full payment of the amount specified in the settlement
agreement is not received by the Office within 30 days after the date of
signing, the Office may enforce the agreement or rescind it and proceed
according to paragraph (b)(3)(ii) within 30 days from the date of the
rescission.
(e) The conference officer may terminate the conference when he or
she determines that the issues cannot be resolved or that the person
assessed is not diligently working toward resolution of the issues.
(f) At formal review proceedings under sections 518, 521(a)(4), and
525 of the Act, no evidence as to statements made or evidence produced
by one party at a conference shall be introduced as evidence by another
party or to impeach a witness.
(47 FR 35640, Aug. 16, 1982, as amended at 53 FR 3675, Feb. 8, 1988;
56 FR 10063, Mar. 8, 1991)
30 CFR 845.19 Request for hearing.
(a) The person charged with the violation may contest the proposed
penalty or the fact of the violation by submitting a petition and an
amount equal to the proposed penalty or, if a conference has been held,
the reassessed or affirmed penalty to the Office of Hearings and Appeals
(to be held in escrow as provided in paragraph (b) of this section)
within 30 days from receipt of the proposed assessment or reassessment
or 30 days from the date of service of the conference officer's action,
whichever is later. The fact of the violation may not be contested if
it has been decided in a review proceeding commenced under 30 CFR
843.16.
(b) The Office of Hearings and Appeals shall transfer all funds
submitted under paragraph (a) of this section to the Office, which shall
hold them in escrow pending completion of the administrative and
judicial review process, at which time it shall disburse them as
provided in 30 CFR 845.20.
(47 FR 35640, Aug. 16, 1982, as amended at 56 FR 10063, Mar. 8, 1991)
30 CFR 845.20 Final assessment and payment of penalty.
(a) If the person to whom a notice of violation or cessation order is
issued fails to request a hearing as provided in 845.19, the proposed
assessment shall become a final order of the Secretary and the penalty
assessed shall become due and payable upon expiration of the time
allowed to request a hearing.
(b) If any party requests judicial review of a final order of the
Secretary, the proposed penalty shall continue to be held in escrow
until completion of the review. Otherwise, subject to paragraph (c) of
this section, the escrowed funds shall be transferred to the Office in
payment of the penalty, and the escrow shall end.
(c) If the final decision in the administrative and judicial review
results in an order reducing or eliminating the proposed penalty
assessed under this part, the Office shall within 30 days of receipt of
the order refund to the person assessed all or part of the escrowed
amount, with interest from the date of payment into escrow to the date
of the refund at the rate of 6 percent or at the prevailing Department
of the Treasury rate, whichever is greater.
(d) If the review results in an order increasing the penalty, the
person to whom the notice or order was issued shall pay the difference
to the Office within 15 days after the order is mailed to such person.
30 CFR 845.21 Use of civil penalties for reclamation.
(a) To the extent authorized in the applicable annual appropriations
act or other relevant statute, the Director of OSMRE may utilize money
collected by the United States pursuant to the assessment of civil
penalties under section 518 of the Act for reclamation of lands
adversely affected by coal mining practices after August 3, 1977, until
such funds are expended.
(b) The Director may allocate funds at his discretion for reclamation
projects on lands within any State or on Federal lands or Indian lands
based on the following priorities:
(1) Emergency projects as defined in 870.5 of this chapter;
(2) Reclamation projects which qualify as priority 1 under section
403 of the Act;
(3) Reclamation Projects which qualify as priority 2 under section
403 of the Act; and
(4) Reclamation of Federal bond forfeiture sites.
(c) Notwithstanding paragraph (b) of this section, at his discretion,
the Director may allocate funds for any other reclamation project which
constitutes a danger to the environment or to the public health and
safety.
(53 FR 16017, May 4, 1988, as amended at 54 FR 19342, May 4, 1989)
30 CFR 845.21 PART 846 -- INDIVIDUAL CIVIL PENALTIES
Sec.
846.1 Scope.
846.5 Definitions.
846.12 When an individual civil penalty may be assessed.
846.14 Amount of individual civil penalty.
846.17 Procedure for assessment of individual civil penalty.
846.18 Payment of penalty.
Authority: Pub. L. 95-87, 91 Stat. 445 (30 U.S.C. 1201 et seq.);
Pub. L. 100-34.
Source: 53 FR 3675, Feb. 8, 1988, unless otherwise noted.
30 CFR 846.1 Scope.
This part covers the assessment of individual civil penalties under
section 518(f) of the Act.
30 CFR 846.5 Definitions.
For purposes of this part:
Knowingly means that an individual knew or had reason to know in
authorizing, ordering or carrying out an act or omission on the part of
a corporate permittee that such act or omission constituted a violation,
failure or refusal.
Violation, failure or refusal means --
(1) A violation of a condition of a permit issued pursuant to a
Federal program, a Federal lands program, Federal enforcement pursuant
to section 502 of the Act, or Federal enforcement of a State program
pursuant to section 521 of the Act; or
(2) A failure or refusal to comply with any order issued under
section 521 of the Act, or any order incorporated in a final decision
issued by the Secretary under the Act, except an order incorporated in a
decision issued under section 518(b) or section 703 of the Act.
Willfully means that an individual acted
(1) Either intentionally, voluntarily or consciously, and
(2) With intentional disregard or plain indifference to legal
requirements in authorizing, ordering or carrying out a corporate
permittee's action or omission that constituted a violation, failure or
refusal.
30 CFR 846.12 When an individual civil penalty may be assessed.
(a) Except as provided in paragraph (b) of this section, the Office
may assess an individual civil penalty against any corporate director,
officer or agent of a corporate permittee who knowingly and willfully
authorized, ordered or carried out a violation, failure or refusal.
(b) The Office shall not assess an individual civil penalty in
situations resulting from a permit violation by a corporate permittee
until a cessation order has been issued by the Office to the corporate
permittee for the violation, and the cessation order has remained
unabated for 30 days.
30 CFR 846.14 Amount of individual civil penalty.
(a) In determining the amount of an individual civil penalty assessed
under 846.12, the Office shall consider the criteria specified in
section 518(a) of the Act, including:
(1) The individual's history of authorizing, ordering or carrying out
previous violations, failures or refusals at the particular surface coal
mining operation;
(2) The seriousness of the violation, failure or refusal (as
indicated by the extent of damage and/or the cost of reclamation),
including any irreparable harm to the environment and any hazard to the
health or safety of the public; and
(3) The demonstrated good faith of the individual charged in
attempting to achieve rapid compliance after notice of the violation,
failure or refusal.
(b) The penalty shall not exceed $5,000 for each violation. Each day
of a continuing violation may be deemed a separate violation and the
Office may assess a separate individual civil penalty for each day the
violation, failure or refusal continues, from the date of service of the
underlying notice of violation, cessation order or other order
incorporated in a final decision issued by the Secretary, until
abatement or compliance is achieved.
30 CFR 846.17 Procedure for assessment of individual civil penalty.
(a) Notice. The Office shall serve on each individual to be assessed
an individual civil penalty a notice of proposed individual civil
penalty assessment, including a narrative explanation of the reasons for
the penalty, the amount to be assessed, and a copy of any underlying
notice of violation and cessation order.
(b) Final order and opportunity for review. The notice of proposed
individual civil penalty assessment shall become a final order of the
Secretary 30 days after service upon the individual unless:
(1) The individual files within 30 days of service of the notice of
proposed individual civil penalty assessment a petition for review with
the Hearings Division, Office of Hearings and Appeals, U.S. Department
of the Interior, 4015 Wilson Boulevard, Arlington, Virginia 22203
(Phone: 703-235-3800), in accordance with 43 CFR 4.1300 et seq.; or
(2) The Office and the individual or responsible corporate permittee
agree within 30 days of service of the notice of proposed individual
civil penalty assessment to a schedule or plan for the abatement or
correction of the violation, failure or refusal.
(c) Service. For purposes of this section, service shall be
performed on the individual to be assessed an individual civil penalty,
by certified mail, or by any alternative means consistent with the rules
governing service of a summons and complaint under rule 4 of the Federal
Rules of Civil Procedure. Service shall be complete upon tender of the
notice of proposed assessment and included information or of the
certified mail and shall not be deemed incomplete because of refusal to
accept.
(53 FR 3675, Feb. 8, 1988, as amended at 56 FR 28446, June 20, 1991)
Effective Date Note: At 56 FR 28446, June 20, 1991, 846.17 was
amended by revising paragraph (c), effective July 22, 1991. For the
convenience of the user of this volume, the superseded text appears
below.
846.17 Procedure for assessment of individual civil penalty.
(c) Service. For purposes of this section, service is sufficient if
it would satisfy Rule 4 of the Federal Rules of Civil Procedure for
service of a summons and complaint.
30 CFR 846.18 Payment of penalty.
(a) No abatement or appeal. If a notice of proposed individual civil
penalty assessment becomes a final order in the absence of a petition
for review or abatement agreement, the penalty shall be due upon
issuance of the final order.
(b) Appeal. If an individual named in a notice of proposed
individual civil penalty assessment files a petition for review in
accordance with 43 CFR 4.1300 et seq., the penalty shall be due upon
issuance of a final administrative order affirming, increasing or
decreasing the proposed penalty.
(c) Abatement agreement. Where the Office and the corporate
permittee or individual have agreed in writing on a plan for the
abatement of or compliance with the unabated order, an individual named
in a notice of proposed individual civil penalty assessment may postpone
payment until receiving either a final order from the Office stating
that the penalty is due on the date of such final order, or written
notice that abatement or compliance is satisfactory and the penalty has
been withdrawn.
(d) Delinquent payment. Following the expiration of 30 days after
the issuance of a final order assessing an individual civil penalty, any
delinquent penalty shall be subject to interest at the rate established
quarterly by the U.S. Department of the Treasury for use in applying
late charges on late payments to the Federal Government, pursuant to
Treasury Financial Manual 6-8020.20. The Treasury current value of funds
rate is published by the Fiscal Service in the notices section of the
Federal Register. Interest on unpaid penalties will run from the date
payment first was due until the date of payment. Failure to pay overdue
penalties may result in one or more of the actions specified in 870.15
(e)(1) through (e)(5) of this chapter. Delinquent penalties are subject
to late payment penalties specified in 870.15(f) of this chapter and
processing and handling charges specified in 870.15(g) of this chapter.
30 CFR 846.18 SUBCHAPTER M -- TRAINING, EXAMINATION, AND CERTIFICATION OF BLASTERS
30 CFR 846.18 PART 850 -- PERMANENT REGULATORY PROGRAM REQUIREMENTS --
STANDARDS FOR CERTIFICATION OF BLASTERS
Sec.
850.1 Scope.
850.5 Definition.
850.10 Information collection.
850.12 Responsibility.
850.13 Training.
850.14 Examination.
850.15 Certification.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq.
Source: 48 FR 9492, Mar. 4, 1983, unless otherwise noted.
30 CFR 850.1 Scope.
This part establishes the requirements and the procedures applicable
to the development of regulatory programs for training, examination, and
certification of persons engaging in or directly responsible for the use
of explosives in surface coal mining operations.
30 CFR 850.5 Definition.
As used in this part --
Blaster means a person directly responsible for the use of explosives
in surface coal mining operations who is certified under this part.
30 CFR 850.10 Information collection.
The information collection requirements contained in this part have
been approved by the Office of Management and Budget under 44 U.S.C.
3507 and assigned clearance number 1029-0080. The information is being
collected to meet the requirements of sections 503, 515, and 719 of Pub.
L. 95-87. This information will be used by the regulatory authority to
assist in implementing the blaster certification program. The
obligation to respond is mandatory.
30 CFR 850.12 Responsibility.
(a) The regulatory authority is responsible for promulgating rules
governing the training, examination, certification and enforcement of a
blaster certification program for surface coal mining operations. When
the regulatory authority is a State, the State shall submit these rules
of the Office of Surface Mining for approval under parts 731 and 732 of
this chapter.
(b) The regulatory authority shall develop and adopt a program to
examine and certify all persons who are directly responsible for the use
of explosives in a surface coal mining operation within 12 months after
approval of a State program or implementation of a Federal program or
within 12 months after March 4, 1983 of this rule, whichever is later.
The Director may approve an extension of the 12-month period upon a
demonstration of good cause.
(48 FR 9492, Mar. 4, 1983, as amended at 48 FR 44781, Sept. 30, 1983)
30 CFR 850.13 Training.
(a) The regulatory authority shall establish procedures which require
that --
(1) Persons seeking to become certified as blasters receive training
including, but not limited to, the technical aspects of blasting
operations and State and Federal laws governing the storage,
transportation, and use of explosives; and
(2) Persons who are not certified and who are assigned to a blasting
crew or assist in the use of explosives receive direction and on-the-job
training from a blaster.
(b) The regulatory authority shall ensure that courses are available
to train persons responsible for the use of explosives in surface coal
mining operations. The courses shall provide training and discuss
practical applications of --
(1) Explosives, including --
(i) Selection of the type of explosive to be used;
(ii) Determination of the properties of explosives which will produce
desired results at an acceptable level of risk; and
(iii) Handling, transportation, and storage;
(2) Blast designs, including --
(i) Geologic and topographic considerations;
(ii) Design of a blast hole, with critical dimensions;
(iii) Pattern design, field layout, and timing of blast holes; and
(iv) Field applications;
(3) Loading blastholes, including priming and boostering;
(4) Initiation systems and blasting machines;
(5) Blasting vibrations, airblast, and flyrock, including --
(i) Monitoring techniques, and
(ii) Methods to control adverse affects;
(6) Secondary blasting applications;
(7) Current Federal and State rules applicable to the use of
explosives;
(8) Blast records;
(9) Schedules;
(10) Preblasting surveys, including --
(i) Availability,
(ii) Coverage, and
(iii) Use of in-blast design;
(11) Blast-plan requirements;
(12) Certification and training;
(13) Signs, warning signals, and site control;
(14) Unpredictable hazards, including --
(i) Lightning,
(ii) Stray currents,
(iii) Radio waves, and
(iv) Misfires.
30 CFR 850.14 Examination.
(a) The regulatory authority shall ensure that candidates for blaster
certification are examined by reviewing and verifying the --
(1) Competence of persons directly responsible for the use of
explosives in surface coal mining operations through a written
examination in technical aspects of blasting and State and Federal laws
governing the storage, use, and transportation of explosives; and
(2) Practical field experience of the candidates as necessary to
qualify a person to accept the responsibility for blasting operations in
surface coal mining operations. Such experience shall demonstrate that
the candidate possesses practical knowledge of blasting techniques,
understands the hazards involved in the use of explosives, and otherwise
has exhibited a pattern of conduct consistent with the acceptance of
responsibility for blasting operations.
(b) Applicants for blaster certification shall be examined, at a
minimum, in the topics set forth in 850.13(b).
30 CFR 850.15 Certification.
(a) Issuance of certification. The regulatory authority shall
certify for a fixed period those candidates examined and found to be
competent and to have the necessary experience to accept responsibility
for blasting operations in surface coal mining operations.
(b) Suspension and revocation. (1) The regulatory authority, when
practicable, following written notice and opportunity for a hearing,
may, and upon a finding of willful conduct, shall suspend or revoke the
certification of a blaster during the term of the certification or take
other necessary action for any of the following reasons:
(i) Noncompliance with any order of the regulatory authority.
(ii) Unlawful use in the work place of, or current addiction to,
alcohol, narcotics, or other dangerous drugs.
(iii) Violation of any provision of the State or Federal explosives
laws or regulations.
(iv) Providing false information or a misrepresentation to obtain
certification.
(2) If advance notice and opportunity for hearing cannot be provided,
an opportunity for a hearing shall be provided as soon as practical
following the suspension, revocation, or other adverse action.
(3) Upon notice of a revocation, the blaster shall immediately
surrender to the regulatory authority the revoked certificate.
(c) Recertification. The regulatory authority may require the
periodic reexamination, training, or other demonstration of continued
blaster competency.
(d) Protection of certification. Certified blasters shall take every
reasonable precaution to protect their certificates from loss, theft, or
unauthorized duplication. Any such occurrence shall be reported
immediately to the certifying authority.
(e) Conditions. The regulatory authority shall specify conditions
for maintaining certification which shall include the following:
(1) A blaster shall immediately exhibit his or her certificate to any
authorized representative of the regulatory authority or the Office upon
request.
(2) Blasters' certifications shall not be assigned or transferred.
(3) Blasters shall not delegate their responsibility to any
individual who is not a certified blaster.
30 CFR 850.15 SUBCHAPTERS N-O (RESERVED)
30 CFR 850.15 SUBCHAPTER P -- PROTECTION OF EMPLOYEES
30 CFR 850.15 PART 865 -- PROTECTION OF EMPLOYEES
Sec.
865.1 Scope.
865.11 Protected activity.
865.12 Procedures for filing an application for review of
discrimination.
865.13 Investigation and conference.
865.14 Request for hearing.
865.15 Formal adjudicatory proceedings.
Authority. Secs. 201, 501, 502 and 703, Pub. L. 95-87, 91 Stat. 445
(30 U.S.C. 1201.)
Source: 42 FR 62712, Dec. 13, 1977, unless otherwise noted.
Redesignated at 44 FR 15312, Mar. 13, 1979.
30 CFR 865.1 Scope.
This part establishes procedures regarding --
(a) The reporting of acts of discriminatory discharge or other acts
of discrimation under the Act caused by any person. Forms of
discrimination include, but are not limited to: Firing, suspension,
transfer or demotion, denial or reduction of wages and benefits,
coercion by promises of benefits or threats of reprisal, and
interference with the exercise of any rights afforded under the Act:
(b) The investigation of applications for review and holding of
informal conferences about the alleged discrimination; and
(c) The request for formal hearings with the Office of Hearings and
Appeals.
30 CFR 865.11 Protected activity.
(a) No person shall discharge or in any other way discriminate
against or cause to be fired or discriminated against any employee or
any authorized representative of employees because that employee or
representative has --
(1) Filed, instituted or caused to be filed or instituted any
proceedings under the Act by --
(i) Reporting alleged violations or dangers to the Secretary, the
State Regulatory Authority, or the employer or his representative.
(ii) Requesting an inspection or investigation; or
(iii) Taking any other action which may result in a proceeding under
the Act.
(2) Made statements, testified, or is about to do so --
(i) In any informal or formal adjudicatory proceeding;
(ii) In any informal conference proceeding;
(iii) In any rulemaking proceeding;
(iv) In any investigation, inspection or other proceeding under the
Act;
(v) In any judicial proceeding under the Act.
(3) Has exercised on his own behalf or on behalf of others any right
granted by the Act.
(b) Each employer conducting operations which are regulated under
this Act, shall within 30 days from the effective day of these
regulations, provide a copy of this part to all current employees and to
all new employees at the time of their hiring.
(42 FR 62712, Dec. 13, 1977; 43 FR 2722, Jan. 19, 1978.
Redesignated at 44 FR 15312, Mar. 13, 1979)
30 CFR 865.12 Procedures for filing an application for review of
discrimination.
(a) Who may file. Any employee, or any authorized representative of
employees, who believes that he has been discriminated against by any
person in violation of 865.11(a) of this part may file an application
for review. For the purpose of these regulations, an application for
review means the presentation of a written report of discrimination
stating the reasons why the person believes he has been discriminated
against and the facts surrounding the alleged discrimination.
(b) Where to file. The employee or representative may file the
application for review at any location of the Office and each office
shall maintain a log of all filing.
(c) Time for filing. The employee or representative shall file an
application for review within 30 days after the alleged discrimination
occurs. An application is considered filed --
(1) On the date delivered if delivered a person to the Office, or
(2) On the date mailed to the Office.
(d) Running of the time of filing. The time for filing begins when
the employee knows or has reason to know of the alleged discriminatory
activity.
30 CFR 865.13 Investigation and conference procedures.
(a) Within 7 days after receipt of any application for review, the
Office shall mail a copy of the application for review to the person
alleged to have caused the discrimination, shall file the application
for review with the Office of Hearings and Appeals and shall notify the
employee and the alleged discriminating person that the Office will
investigate the complaint. The alleged discriminating person may file a
response to the application for review within 10 days after he receives
the copy of the application for review. The response shall specifically
admit, deny or explain each of the facts alleged in the application
unless the alleged discriminating person is without knowledge in which
case he shall so state.
(b) The Office shall initiate an investigation of the alleged
discrimination with 30 days after receipt of the application for review.
The Office shall complete the investigation with 60 days of the date of
the receipt of the application for review. If circumstances surrounding
the investigation prevent completion within the 60-day period, the
Office shall notify the person who filed the application for review and
the alleged discriminating person of the delay, the reason for the
delay, and the expected completion date for the investigation.
(c) Within 7 days after completion of the investigation the Office
shall invite the parties to an informal conference to discuss the
findings and preliminary conclusions of the investigation. The purpose
of the informal conference is to attempt to conciliate the matter. If a
complaint is resovled at an informal conference, the terms of the
agreement will be recorded in a written document that will be signed by
the alleged discriminating person, the employee and the representative
of the Office. If the Office concludes on the basis of a subsequent
investigation that any party to the agreement has failed in any material
respect to comply with the terms of any agreement reached during an
informal conference, the Office shall take appropriate action to obtain
compliance with the agreement.
(d) Following the investigation and any informal conference held, the
Office shall complete a report of investigation which shall include a
summary of the results of the conference. Copies of this report shall
be available to the parties in the case.
30 CFR 865.14 Request for hearing.
(a) If the Office determines that a violation of this part has
probably occurred and was not resolved at an informal conference, the
Director shall request a hearing on the employee's behalf before the
Office of Hearings and Appeals within 10 days of the scheduled informal
hearing. the parties shall be notified of the detemination. If the
Director declines to request a hearing the employee shall be notified
within 10 days of the scheduled informal conference and informed of his
right to request a hearing on his own behalf.
(b) The employee may request a hearing with the Office of Hearings
and Appeals after 60 days have elapsed from the filing of his
application.
30 CFR 865.15 Formal adjudicatory proceedings.
(a) Formal adjudication of a complaint filed under this part shall be
conducted in the Office of Hearings and Appeals under 43 CFR part 4.
(b) A hearing shall be held as promptly as possible consistent with
the opportunity for discovery provided for under 43 CFR part 4.
(c) Upon a finding of violation of 865.11 of this part, the
Secretary shall order the appropriate affirmative relief including, but
not limited to, the rehiring or reinstatement of the employee or
representative of employees to his former position with compensation.
At the request of the employee a sum equal to the aggregate amount of
all costs and expenses including attorneys' fees which have been
reasonably incurred by the employee for, or in connection with, the
institution and prosecution of the proceedings shall be assessed against
the person committing the violation.
(d) On or after 10 days after filing an application for review under
this part the Secretary or the employee may seek temporary relief in the
Office of Hearings and Appeals under 43 CFR part 4.
30 CFR 865.15 SUBCHAPTER R -- ABANDONED MINE LAND RECLAMATION
30 CFR 865.15 PART 870 -- ABANDONED MINE RECLAMATION FUND -- FEE
COLLECTION AND COAL PRODUCTION REPORTING
Sec.
870.1 Scope.
870.5 Definitions.
870.10 Information collection.
870.11 Applicability.
870.12 Reclamation fee.
870.13 Fee computations.
870.14 Determination of percentage-based fees.
870.15 Reclamation fee payment.
870.16 Production records.
870.17 Compliance authority.
870.18 Excess moisture content allowance.
Authority: 30 U.S.C. 1201 et seq., as amended; and Pub. L.
100-34.
Source: 47 FR 28593, June 30, 1982, unless otherwise noted.
30 CFR 870.1 Scope.
This part sets out the procedures for the collection of fees for the
Abandoned Mine Reclamation Fund.
30 CFR 870.5 Definitions.
As used in part 870 through 888 of this subchapter --
Abandoned Mine Reclamation Fund or Fund means a special fund
established on the books of the U.S. Treasury for the purpose of
accumulating revenues designated for reclamation of abandoned mine lands
and other activities authorized by Title IV of the Act.
Agency means the State agency designated by the Governor to
administer the State reclamation program to receive and administer
grants under this part.
Allocate means the administrative identification in the records of
OSM of moneys in the fund for a specific purpose, e.g., identification
of moneys for exclusive use by a State.
Anthracite, bituminous and subbituminous coal means all coals other
than lignite coal.
Calendar quarter means a 3-month period within a calendar year. The
first calendar quarter begins on January 1 of the calendar year and ends
on the last day of March. The second calendar quarter begins on the
first day of April and ends on the last day of June. The third calendar
quarter begins on the first day of July and ends on the last day of
September. The fourth calendar quarter begins on the first day of
October and ends on the last day of December.
Eligible lands and water means land and water eligible for
reclamation or drainage abatement expenditures which were mined for coal
or which were affected by such mining, wastebanks, coal processing, or
other coal mining processes, and abandoned or left in an inadequate
reclamation status prior to August 3, 1977, and for which there is no
continuing reclamation responsibility under State or Federal law other
than the Act.
Emergency means a sudden danger or impairment that presents a high
probability of substantial physical harm to the health, safety, or
general welfare of people before the danger can be abated under normal
program operation procedures.
Excess moisture means moisture determined to be the difference
between total moisture and inherent moisture.
Expended means that moneys have been obligated, encumbered, or
committed for reclamation by contract by the OSM, State, or Tribe for
work to be accomplished or services to be rendered.
Extreme danger means a condition that could reasonably be expected to
cause substantial physical harm to persons, property, or the environment
and to which persons or improvements on real property are currently
exposed.
Fee compliance officer means any person authorized by the Secretary
to exercise authority in matters relating to this part.
In situ coal mining means activities conducted on the surface or
underground in connection with in-place distillation, retorting,
leaching or other chemical or physical processing of coal. The term
includes, but is not limited to, in situ gasification, in situ leaching,
slurry mining, solution mining, bore hole mining, and fluid recovery
mining. At this time, part 870 considers only in situ gasification.
Indian Abandoned Mine Reclamation Fund or Indian Fund means a
separate fund established by an Indian tribe for the purpose of
accounting for moneys granted by the Director under an approved Indian
Reclamation Program and other moneys authorized by these regulations to
be deposited in the Indian Fund.
Indian reclamation program means a program established by an Indian
tribe in accordance with this chapter for reclamation of lands and water
adversely affected by past mining, including the reclamation plan and
annual applications for grants under the plan.
Inherent moisture means moisture that exists as an integral part of
the coal seam in its natural state, including water in pores, but not
that present in macroscopically visible fractures.
Left or abandoned in either an unreclaimed or inadequately reclaimed
condition means lands and water --
(a) Which were mined or which were affected by such mining,
wastebanks, processing, or other mining processes prior to August 3,
1977, and on which all mining has ceased;
(b) Which continue, in their present condition, to substantially
degrade the quality of the environment, prevent or damage the beneficial
use of land or water resources, or endanger the health and safety of the
public; and
(c) For which there is no continuing reclamation responsibility under
State or Federal laws.
Lignite coal means consolidated lignite coal having less than 8,300
British thermal units per pound, moist and mineral-matter-free. Moist,
mineral-matter free British thermal units per pound are determined by
Parr's formula, equation 3, on page 222 of ''Standard Specification for
Classification of Coals by Rank,'' in American Society for Testing and
Materials ASTM D 388-77 (Philadelphia, 1977). Parr's formula follows:
Moist, Mn-Free Btu=
(Bu^50S)/(100^(1.08A+0.55S)) 100 where:
Mn=Mineral matter
(Btu=British thermal units per pound (calorific value)
A=percentage of ash, and
S=percentage of sulfur
''Moist'' refers to coal containing its natural inherent or bed
moisture, but not including water adhering to the surface of the coal.
OSM means the Office of Surface Mining Reclamation and Enforcement.
Permanent facility means any structure that is built, installed or
established to serve a particular purpose or any manipulation or
modification of the surface that is designed to remain after the
reclamation activity is completed, such as a relocated stream channel or
diversion ditch.
Project means a delineated area containing one or more abandoned mine
land problems. A project may be a group of related reclamation
activities with a common objective within a political subdivision of a
State or within a logical, geographically defined area, such as a
watershed, conservation district, or county planning area.
Reclaimed coal means coal recovered from a deposit that is not in its
original geological location, such as refuse piles or culm banks or
retaining dams and ponds that are or have been used during the mining or
preparation process, and stream coal deposits. Reclaimed coal
operations are considered to be surface coal mining operations for fee
liability and calculation purposes.
Reclamation activity means the reclamation, abatement, control, or
prevention of adverse effects of past mining.
Reclamation plan means a plan submitted and approved under part 884
of this chapter.
State Abandoned Mine Reclamation Fund or State Fund means a separate
fund established by a State for the purpose of accounting for moneys
granted by the Director under an approved State Reclamation Program and
other moneys authorized by these regulations to be deposited in the
State Fund.
State reclamation program means a program established by a State in
accordance with this chapter for reclamation of lands and water
adversely affected by past mining, including the reclamation plan and
annual applications for grants.
Surface coal mining means the extraction of coal from the earth by
removing the materals over the coal seam before recovering the coal and
includes auger coal mining. For purposes of subchapter R, reclaiming
coal operations are considered surface coal mining.
Ton means 2,000 pounds avoirdupois (0.90718 metric ton).
Total moisture means the moisture determined as the loss in weight in
an air atmosphere under rigidly controlled conditions of temperature,
time and air flow.
Underground coal mining means the extraction of coal from the earth
by developing entries from the surface to the coal seam before
recovering the coal by underground extraction methods, and includes in
situ mining.
Value means gross value at the time of initial bona fide sale,
transfer of ownership, or use by the operator, but does not include the
reclamation fee required by this part.
(47 FR 28593, June 30, 1982, as amended at 53 FR 19726, May 27, 1988)
30 CFR 870.10 Information collection.
The information required by part 870 of this chapter is being
collected to meet the mandate of Section 402 of the Act, which requires
the Secretary to collect a reclamation fee from coal mining operations.
The information collection requirements contained in 870.12(c), 870.15
(b) and (c) and 870.16 (a) and (d) were approved by the Office of
Management and Budget under 44 U.S.C. 3507 and assigned clearance number
1029-0063. This information will be used by the regulatory authority to
determine whether coal mine operators are reporting accurate production
figures and paying proper fees. The obligation to respond is mandatory.
30 CFR 870.11 Applicability.
The regulations in this part apply to all surface and underground
coal mining operations except --
(a) The extraction of coal by a landowner for his own noncommercial
use from land owned or leased by him;
(b) The extraction of coal for commercial purposes by surface coal
mining operations which affects two acres or less during the life of the
mine;
(c) The extraction of coal as an incidental part of Federal, State,
or local government-financed highway or other construction;
(d) The extraction of coal incidental to the extraction of other
minerals where coal does not exceed 16 2/3 percent of the total tonnage
of coal and other minerals removed for commercial use or sale
(1) In accordance with part 702 of this chapter for Federal program
States and on Indian lands or
(2) In any twelve consecutive months in a State with an approved
State program until counterpart regulations pursuant to part 702 of this
chapter have been incorporated into the State program and in accordance
with such counterpart regulations, thereafter; and
(e) The extraction of less than 250 tons of coal within twelve
consecutive months.
(47 FR 28593, June 30, 1982, as amended at 54 FR 52123, Dec. 20,
1989; 54 FR 52123, Dec. 20, 1989)
Editorial Note: At 52 FR 21229, June 4, 1987, paragraph (b) of
870.11 was suspended insofar as it excepts from the applicability of 30
CFR part 870:
(1) Any surface coal mining operations commencing on or after June 6,
1987; and
(2) Any surface coal mining operations conducted on or after November
8, 1987.
30 CFR 870.12 Reclamation fee.
(a) The operator shall pay a reclamation fee on each ton of coal
produced for sale, transfer, or use, including the products of in situ
mining.
(b) The fee shall be determined by the weight and value at the time
of initial bona fide sale, transfer of ownership, or use by the
operator.
(1) The initial bona fide sale, transfer of ownership, or use shall
be determined by the first transaction or use of the coal by the
operator immediately after it is severed, or removed from a reclaimed
coal refuse deposit.
(2) The value of the coal shall be determined F.O.B. mine.
(3) The weight of each ton shall be determined by the actual gross
weight of the coal.
(i) Impurities that have not been removed prior to the time of
initial bona fide sale, transfer of ownership, or use by the operator,
excluding excess moisture for which a reduction has been taken pursuant
to 870.18, shall not be deducted from the gross weight.
(ii) Operators selling coal on a clean coal basis shall retain
records that show run-of-mine tonnage, and the basis for the clean coal
transaction.
(iii) Insufficient records shall subject the operator to fees based
on raw tonnage data.
(c) If the operator combines surface mined coal, including reclaimed
coal, with underground mined coal before the coal is weighed for fee
purposes, the higher reclamation fee shall apply, unless the operator
can substantiate the amount of coal produced by surface mining by
acceptable engineering calculations or other reports which the Director
may require.
(47 FR 28593, June 30, 1982, as amended at 53 FR 19726, May 27, 1988)
30 CFR 870.13 Fee computations.
(a) Surface mining fees. The fee for anthracite, bituminous, and
subbituminous coal, including reclaimed coal, is 35 cents per ton unless
the value of such coal is less than $3.50 per ton, in which case the fee
is 10 percent of the value.
(b) Underground mining fees. The fee for anthracite, bituminous, and
subbituminous coal is 15 cents per ton unless the value of such coal is
less than $1.50 per ton, in which case the fee is 10 percent of the
value.
(c) Surface and underground mining fees for lignite coal. The fee
for lignite coal is 10 cents per ton unless the value of such coal is
less than $5.00 per ton, in which case the fee charged is 2 percent of
the value.
(d) In situ coal mining fees. The fee for in situ mined coal, except
lignite coal, is 15 cents per ton based on Btu's per ton in place
equated to the gas produced at the site as certified through analysis by
an independent laboratory. The fee for in situ mined lignite is 10
cents per ton based on the Btu's per ton of coal in place equated to the
gas produced at the site as certified through analysis by an independent
laboratory.
30 CFR 870.14 Determination of percentage-based fees.
(a) If the operator submits a fee based on a percentage of the value
of coal, the operator shall include, with his fee and production report,
documentation supporting the alleged coal value. Based on this
information and any additional documentation; including examination of
the operator's books and records, that the Director may require, the
Director may accept the valuation submitted by the operator, or may
otherwise determine the value of the coal.
(b) If the Director determines that a higher fee shall be paid, the
operator shall submit the additional fee together with interest computed
under 870.15(c).
30 CFR 870.15 Reclamation fee payment.
(a) Each operator shall pay the reclamation fee based on calendar
quarter tonnage no later than thirty days after the end of each calendar
quarter.
(b) Each operator shall use mine report form OSM-1 (or OSM-1A
approved by OSM) to report tonnage of coal sold, used, or ownership
transferred during the applicable calendar quarter.
(c) As of April 1, 1983, delinquent reclamation fee payments are
subject to interest at the rate established quarterly by the U.S.
Department of the Treasury for use in applying late charges on late
payments to the Federal Government, pursuant to Treasury Fiscal
Requirements Manual 6-8020.20. The Treasury current value of funds rate
is published by the Fiscal Service in the Notices section of the Federal
Register. Interest on unpaid reclamation fees shall begin to accure on
the 31st day following the end of the calendar quarter for which the fee
payment is owed and will run until the date of payment. OSM will bill
delinquent operators on a monthly basis and initiate whatever action is
necessary to secure full payment of all fees and interest. All
operators who receive a Coal Production and Reclamation Fee Report (Form
OSM-1), including those with zero production, must submit a completed
Form OSM-1, as well as any fee payment due. Fee payments postmarked
later than thirty days after the calendar quarter for which the fee was
owed will be subject to interest.
(d) An operator who owes total quarterly reclamation fees of $100,000
or more for one or more mines must use the Treasury Financial
Communications System, forward its payments by electronic transfer, and
use OSM's approved form(s) to report production to the Denver address
below. An operator who owes less than $100,000 quarterly reclamation
fees for one or more mines may forward payments by electric transfer, or
must submit a check or money order payable to Office of Surface Mining,
in the same envelope with OSM's approved form(s) to: Office of Surface
Mining Reclamation and Enforcement, U.S. Department of Interior, P.O.
Box 25065 -- DFC, Denver, Colorado 80225.
(e) Failure to pay overdue reclamation fees, including interest on
late payments or underpayments, failure to maintain adequate records, or
failure to provide access to records of a surface coal mining operation
may result in one or more of the following actions: (1) Initiation of
litigation; (2) reporting to the Internal Revenue Service; (3)
reporting to State agencies responsible for taxation; (4) reporting to
credit bureaus; or (5) referral to collection agencies. Such remedies
are not exclusive.
(f) When a reclamation fee debt is greater than 91 days overdue, a 6
percent per annum penalty shall begin to accure on the amount owed for
fees and will run until the date of payment. This penalty is in
addition to the interest described in paragraph (c) of this section.
(g)(1) For all delinquent fees, interest and any penalties, the
debtor will be required to pay a processing and handling charge which
shall be based upon the following components:
(i) For debts referred to a collection agency, the amount charged to
OSM by the collection agency;
(ii) For debts processed and handled by OSM, a standard amount set
annually by OSM based upon similar charges by collection agencies for
debt collection;
(iii) For debts referred to the Solicitor, Department of the
Interior, but paid prior to litigation, the estimated average cost to
prepare the case for litigation as of the time of payment;
(iv) For debts referred to the Solicitor, Department of the Interior,
and litigated, the estimated cost to prepare and litigate a debt case as
of the time of payment; and
(v) If not otherwise provided for, all other administrative expenses
associated with collection, including, but not limited to, billing,
recording payments, and follow-up actions.
(2) No prejudgment interest accrues on any processing and handling
charges.
(Pub. L. 95-87, 30 U.S.C. 1201 et seq.; Pub. L. 97-365, 5 U.S.C.
5514 et seq.)
(47 FR 28593, June 30, 1982, as amended at 48 FR 11100, Mar. 15,
1983; 49 FR 27499, July 5, 1984)
30 CFR 870.16 Production records.
(a) Any person engaging in or conducting a surface coal mining
operation shall maintain, on a current basis, records that contain at
least the following information:
(1) Tons of coal produced, bought, sold or transferred, amount
received per ton, name of person to whom sold or transferred, and the
date of each sale or transfer.
(2) Tons of coal used by the operator and date of consumption.
(3) Tons of coal stockpiled or inventoried which are not classified
as sold for fee computation purposes under 870.12.
(4) For in situ coal mining operations, total BTU value of gas
produced, the BTU value of a ton of coal in place certified at least
semiannually by an independent laboratory, and the amount received for
gas sold, transferred, or used.
(b) OSM fee compliance officers and other authorized representatives
shall have access to records of any surface coal mining operation for
the purpose of determining compliance of that or any other such
operation with this part.
(c) Any person engaging in or conducting a surface coal mining
operation shall make available any book or record necessary to
substantiate the accuracy of reclamation fee reports and payments at
reasonable times for inspection and copying by OSM fee compliance
officers. If the fee is paid at the maximum rate, the fee compliance
officers shall not copy information relative to price. All copied
information shall be protected to the extent authorized or required by
the Privacy Act and the Freedom of Information Act (5 U.S.C. 552 (a),
(b)).
(d) Any persons engaging in or conducting a surface coal mining
operation shall maintain books and records for a period of 6 years from
the end of the calendar quarter in which the fee was due or paid,
whichever is later.
(e)(1) If an operator of a surface coal mining operation fails to
maintain or make available the records as required in this section, OSM
shall make an estimate of fee liability under this part through use of
average production figures based upon the nature and acreage of the coal
mining operation in question, then assess the fee at the amount
estimated to be due, plus a 20 percent upward adjustment for possible
error.
(2) Following an OSM estimate of fee liability, an operator may
request OSM to revise the estimate based upon information provided by
the operator. The operator has the burden of demonstrating that the
estimate is incorrect by providing documentation acceptable to OSM, and
comparable to information required in 870.16(a).
(Pub. L. 95-87, 30 U.S.C. 1201 et seq.; Pub. L. 97-365, 5 U.S.C.
5514 et seq.)
(49 FR 27500, July 5, 1984)
30 CFR 870.17 Compliance authority.
(a) Fee Compliance Officers shall have the authority to examine
records of the second party involved in the sale or transfer of
ownership of coal by the operator.
(b) Fee Compliance Officers shall have the authority to examine the
records of any party selling coal to the operator.
30 CFR 870.18 Excess moisture content allowance.
For coal produced on or after July 1, 1988, the operator may take a
calculated weight reduction to allow for the weight of excess moisture
in the coal, subject to the following requirements:
(a) The operator shall demonstrate through competent evidence that
there is a reasonable basis for determining the existence and amount of
excess moisture. Documentation shall be updated as necessary to
establish the continuing validity of the excess moisture content
allowance taken by the operator.
(b) Inherent and total moisture shall be tested using standard
laboratory analyses.
(c) The operator shall test for variations in inherent moisture
amounts for different seams of coal produced which are blended prior to
the initial bona fide sale, transfer of ownership, or use of the coal by
the operator.
(d) The operator shall retain the results of all laboratory analyses
and all other relevant documentation (including the operator's books and
records) for not less than six years after the date of each analysis.
(e) If the Office disallows all or part of the allowance, the
operator shall submit the additional fee, together with interest
computed under 870.15(c).
(53 FR 19726, May 27, 1988)
30 CFR 870.18 PART 872 -- ABANDONED MINE RECLAMATION FUNDS
Sec.
872.1 Scope.
872.10 Information collection.
872.11 Abandoned Mine Reclamation Fund.
872.12 State/Indian Abandoned Mine Reclamation Funds.
Authority: Secs. 102(g), 201(c), 401, 402(g), and 412, Pub. L.
95-87, 91 Stat. 449, 456, 458, and 466 (30 U.S.C. 1211, 1231, 1232, and
1242).
Source: 47 FR 28595, June 30, 1982, unless otherwise noted.
30 CFR 872.1 Scope.
This part sets forth general responsibilities for administration of
Abandoned Mine Land Reclamation Programs and procedures for management
of the Abandoned Mine Reclamation Funds to finance such programs.
30 CFR 872.10 Information collection.
The information required by part 872 is being collected to meet the
mandate of Sections 401 and 402 of the Act, which require that the
Secretary make a determination regarding the use of allocated State
funds which have not been expended in three years. The information
collection requirements contained in 872.11 (b)(2) and (b)(3) were
approved by the Office of Management and Budget under 44 U.S.C. 3507 and
assigned clearance number 1029-0054. This information will be used by
the regulatory authority to determine whether delays by State/Indian
tribes in use of allocated and granted funds were due to unavoidable
delays in program approval. The obligation to respond is mandatory.
30 CFR 872.11 Abandoned Mine Reclamation Fund.
(a) Revenue to the Fund shall include --
(1) Reclamation fees collected under section 402 of the Act and part
870 of this chapter;
(2) Amounts collected by OSM from charges for use of land acquired or
reclaimed with moneys from the Fund under part 879 of this chapter;
(3) Moneys recovered by OSM through satisfaction of liens filed
against privately owned lands reclaimed with moneys from the Fund under
part 882 of this chapter;
(4) Moneys recovered by OSM from the sale of lands acquired with
moneys from the Fund or by donation; and
(5) Moneys donated to OSM for the purpose of abandoned mine land
reclamation.
(b) Moneys deposited in Fund and appropriated by the Congress shall
be used for the following purposes:
(1) An amount not exceeding 10 percent of the reclamation fees
collected each quarter, up to a maximum of $10,000,000 each year, shall
be used to finance the Small Operator Assistance Program under part 795
of this chapter.
(2) An amount equal to 50 percent of the reclamation fees collected
from within a State shall be allocated at the end of the fiscal year in
which they are collected for use in that State under an approved State
Reclamation Plan. Reclamation fees collected from Indian lands shall
not be included in the calculation of amounts to be allocated to a
State. If a State advises OSM in writing that it does not intend to
submit a State reclamation plan, no moneys shall be allocated to that
State. Amounts allocated to a State that have not been granted to the
State within 3 years from the date of allocation shall be available to
the Director for other purposes under paragraph (b)(5) of this section.
Amounts allocated and granted to the State that have not been expended
within 3 years from the date of allocation may be withdrawn from the
State if the Director finds in writing --
(i) That the amounts involved are not necessary to carry out the
approved reclamation activities; or
(ii) That failure to expend is a result of avoidable delays in
conducting approved reclamation activities: Provided, however, That
amounts allocated to a State and subject to withdrawal because they are
not expended in 3 years will not be withdrawn from the State if the
State has made reasonable efforts to expend the funds but was unable to
do so because of unavoidable delays in program approval.
(3) An amount equal to 50 percent of the reclamation fees collected
from Indian lands shall be allocated to the Indian tribe having an
interest in those lands at the end of the fiscal year in which they are
collected for use by that tribe under an approved Indian reclamation
plan. If an Indian tribe advises OSM in writing that it does not intend
to submit an Indian reclamation plan, no moneys shall be allocated to
that tribe. Amounts allocated to Indian tribes that have not been
granted to the Indian tribes within 3 years from the date of allocation
shall be available to the Director for other purposes under paragraph
(b)(5) of this section. Amounts allocated and granted to the Indian
tribe that have not been expended within 3 years from the date of
allocation may be withdrawn from the Indian tribe if the Director finds
in writing --
(i) That the amounts involved are not necessary to carry out the
approved reclamation activities; or
(ii) That failure to expend is a result of avoidable delays in
conducting approved reclamation activities: Provided, however, That
amounts allocated to an Indian tribe and subject to withdrawal because
they are not expended in 3 years will be reallocated to the tribe if the
tribe has made reasonable efforts to expend the funds but was unable to
do so because of unavoidable delays in program approval.
(4) An amount not exceeding 20 percent of the moneys deposited in the
Fund annually may be transferred to the Secretary of Agriculture to
carry out the Rural Abandoned Mine program.
(5) All amounts not used for the above purposes shall be available to
the Director for the purposes outlined in section 401(c) of the Act.
(c) Money deposited in State or Indian Abandoned Mine Reclamation
Funds shall be used to carry out the reclamation plan approved under
part 884 of this chapter and projects approved under part 888 of this
chapter.
30 CFR 872.12 State/Indian Abandoned Mine Reclamation Funds.
(a) Accounts to be known as State or Indian Abandoned Mine
Reclamation Funds shall be established in each State or Indian tribal
government with approved reclamation plans. These funds will be managed
in accordance with the Office of Management and Budget Circular A-102.
(b) Revenue shall include --
(1) Amounts granted by the OSM for purposes of conducting the
approved State reclamation plan;
(2) Moneys collected from charges for uses of land acquired or
reclaimed with moneys from the State Fund under part 879 of this
chapter;
(3) Moneys recovered through the satisfaction of liens filed against
privately owned lands;
(4) Moneys recovered by the State from the sale of lands acquired
under Title IV of the Act; and
(5) Such other moneys as the State decides should be deposited in the
Fund for use in carrying out the approved reclamation programs.
30 CFR 872.12 PART 874 -- GENERAL RECLAMATION REQUIREMENTS
Sec.
874.1 Scope.
874.11 Applicability.
874.12 Eligible coal lands and water.
874.13 Reclamation objectives and priorities.
Authority: Secs. 201(c), 403, 404, 409, and 412(c), Pub. L. 95-87,
91 Stat. 449, 458, 459, 465, and 466 (30 U.S.C. 1211, 1233, 1234, 1239,
and 1242).
Source: 47 FR 28596, June 30, 1982, unless otherwise noted.
30 CFR 874.1 Scope.
This part establishes land and water eligibility requirements and
reclamation objectives and priorities.
30 CFR 874.11 Applicability.
The provisions of this part apply to all reclamation projects carried
out with money from the Fund and administered by OSM and to the Rural
Abandoned Mine Program administered by the Secretary of Agriculture
under section 406 of the Act (30 U.S.C. 1236).
30 CFR 874.12 Eligible coal lands and water.
Coal lands and water are eligible for reclamation activities if --
(a) They were mined for coal or affected by coal mining processes;
(b) They were mined prior to August 3, 1977, and left or abandoned in
either an unreclaimed or inadequately reclaimed condition; and
(c) There is no continuing responsibility for reclamation by the
operator, permittee, or agent of the permittee under statutes of the
State or Federal government, or as a result of bond forfeiture. Bond
forfeiture will render lands or water ineligible only if the amount
forfeited is sufficient to pay the total cost of the necessary
reclamation. In cases where the forfeited bond is insufficient to pay
the total cost of reclamation, additional moneys from the Fund may be
sought under parts 886 or 888 of this chapter.
30 CFR 874.13 Reclamation objectives and priorities.
Reclamation projects shall reflect the priorities set out in section
403 of the Act (30 U.S.C. 1233) and should be accomplished in accordance
with OSM's ''Final Guidelines for Reclamation Programs and Projects''
(45 FR 14810-14819, March 6, 1980).
30 CFR 874.13 PART 875 -- NONCOAL RECLAMATION
Sec.
875.1 Scope.
875.11 Applicability.
875.12 Eligible lands and water.
875.13 Requirements for noncoal reclamation.
Authority: Secs. 409 and 412, Pub. L. 95-87, 91 Stat. 465 and 466
(30 U.S.C. 1239 and 1242).
Source: 47 FR 28596, June 30, 1982, unless otherwise noted.
30 CFR 875.1 Scope.
This part establishes land and water eligibility requirements and for
noncoal reclamation.
30 CFR 875.11 Applicability.
The provisions of this part apply to all reclamation projects on
lands or water mined or affected by mining of minerals and materials
other than coal and are to be carried out with money from the Fund and
administered by a State or Indian tribe under an approved reclamation
program according to part 884 of this chapter.
30 CFR 875.12 Eligible lands and water.
Noncoal lands and water are eligible for reclamation if --
(a) They were mined or affected by mining processes;
(b) They were mined prior to August 3, 1977, and left or abandoned in
either an unreclaimed or inadequately reclaimed condition;
(c) There is no continuing responsibility for reclamation by the
operator, permittee, or agent of the permittee under statutes of the
State or Federal Government or the State as a result of bond forfeiture,
which will render lands or water ineligible only if the amount forfeited
is sufficient to pay the total cost of the necessary reclamation or, in
cases where the forfeited bond is insufficient to pay the total cost of
reclamation, additional moneys from the Fund may be sought under parts
886 or 888 of this chapter;
(d) The reclamation has been requested by the Governor of the State
or head of the tribal body;
(e) The reclamation is necessary for the protection of the public
health and safety or all coal related reclamation has been accomplished;
and
(f) Moneys allocated to the State or Indian tribe under 872.11(b)
(2) and (3) of this chapter are available for the work.
30 CFR 875.13 Requirements for noncoal reclamation.
Reclamation of eligible noncoal mined lands and waters shall comply
with the provisions of section 409 of Pub. L. 95-87 (30 U.S.C. 1239).
30 CFR 875.13 PART 877 -- RIGHTS OF ENTRY
Sec.
877.1 Scope.
877.10 Information collection.
877.11 Written consent for entry.
877.13 Entry and consent to reclaim.
877.14 Entry for emergency reclamation.
Authority: Secs. 201(c), 407 (a) and (b), 410, and 412(a), Pub. L.
95-87, 91 Stat. 449, 462, 463, and 466 (30 U.S.C. 1211, 1237, 1240, and
1242).
Source: 47 FR 28597, June 30, 1982, unless otherwise noted.
30 CFR 877.1 Scope.
This part establishes procedures for entry upon lands or property by
OSM, States, and Indian tribes for reclamation purposes.
30 CFR 877.10 Information collection.
The information collection requirements contained in 877.11 and
877.13(b) were approved by the Office of Management and Budget (OMB)
under 44 U.S.C. 3507 and assigned clearance number 1029-0055. This
information is being collected to meet the mandate of section 407 of the
Act, which provides that States or Indian tribes, pursuant to an
approved reclamation program, may use the police power, if necessary, to
effect entry upon private lands to conduct reclamation activities or
exploratory studies if the landowner's consent is refused or the
landowner is not available.
This information will be used by the regulatory authority to ensure
that the State/Indian tribe has sufficient programmatic capability to
conduct reclamation activities on private lands. The obligation to
respond is mandatory.
30 CFR 877.11 Written consent for entry.
Written consent from the owner of record and lessee, or their
authorized agents, is the preferred means for obtaining agreements to
enter lands in order to carry out reclamation activities. Nonconsensual
entry by exercise of the police power will be undertaken only after
reasonable efforts have been made to obtain written consent.
30 CFR 877.13 Entry and consent to reclaim.
(a) OSM, the State, or Indian tribe or its agents, employees, or
contractors may enter upon land to perform reclamation activities or
conduct studies or exploratory work to determine the existence of the
adverse effects of past coal mining if consent from the owner is
obtained.
(b) If consent is not obtained, then, prior to entry under this
section, the OSM, State, or Indian tribe shall find in writing, with
supporting reasons that --
(1) Land or water resources have been or may be adversely affected by
past coal mining practices;
(2) The adverse effects are at a state where, in the interest of the
public health, safety, or the general welfare, action to restore,
reclaim, abate, control, or prevent should be taken; and
(3) The owner of the land or water resources where entry must be made
to restore, reclaim, abate, control, or prevent the adverse effects of
past coal mining practices is not known or readily available, or the
owner will not give permission for OSM, State, or Indian tribe or its
agents, employees, or contractors to enter upon such property to
restore, reclaim, abate, control, or prevent the effects of past coal
mining practices.
(c) If consent is not obtained, OSM, State, or Indian tribe shall
give notice of its intent to enter for purposes of conducting
reclamation at least 30 days before entry upon the property. The notice
shall be in writing and shall be mailed, return receipt requested, to
the owner, if known, with a copy of the findings required by this
section. If the owner is not known, or if the current mailing address
of the owner is not known, notice shall be posted in one or more places
on the property to be entered where it is readily visible to the public
and advertised once in a newspaper of general circulation in the
locality in which the land is located. The notice posted on the
property and advertised in the newspaper shall include a statement of
where the findings required by this section may be inspected or
obtained.
30 CFR 877.14 Entry for emergency reclamation.
(a) OSM, its agents, employees, or contractors shall have the right
to enter upon any land where an emergency exists and on any other land
to have access to the land where the emergency exists to restore,
reclaim, abate, control, or prevent the adverse effects of coal mining
practices and to do all things necessary to protect the public health,
safety, or general welfare.
(b) Prior to entry under this section, OSM shall make a written
finding with supporting reasons that the situation qualifies as an
emergency in accordance with the requirements set out in section 410 of
the Act.
(c) Notice to the owner shall not be required prior to entry for
emergency reclamation. OSM shall make reasonable efforts to notify the
owner and obtain consent prior to entry, consistent with the emergency
conditions that exist. Written notice shall be given to the owner as
soon after entry as practical in accordance with the requirements set
out in 877.13(c) of this chapter.
30 CFR 877.14 PART 879 -- ACQUISITION, MANAGEMENT, AND DISPOSITION OF
LANDS AND WATER
Sec.
879.1 Scope.
879.10 Information collection.
879.11 Land eligible for acquisition.
879.12 Procedures for acquisition.
879.13 Acceptance of gifts of land.
879.14 Management of acquired land.
879.15 Disposition of reclaimed land.
Authority: Secs. 201(c), 407 (c), (d), (e), (f), (g), and (h), and
412 (a), Pub. L. 95-87, 91 Stat. 449, 463, 464, and 466 (30 U.S.C.
1211, 1237, and 1247).
Source: 47 FR 28597, June 30, 1982, unless otherwise noted.
30 CFR 879.1 Scope.
This part establishes procedures for acquisition of eligible land and
water resources for emergency abatement activities and reclamation
purposes by OSM or a State or Indian tribe under an approved reclamation
program. It also provides for the management and disposition of lands
acquired by the OSM, State, or Indian tribe and establishes requirements
for the redeposit of proceeds from the use or sale of land.
30 CFR 879.10 Information collection.
The information collection requirements contained in 879.11(b)(1),
(b)(2), and (e)(3), 879.12(a), 879.13(b), and 879.15(a) and (b) were
approved by the Office of Management and Budget under 44 U.S.C. 3507 and
assigned clearance number 1029-0056. This information is being
collected to meet the mandate of section 407 of the Act, which requires
that a State/Indian tribe include in its reclamation plan assurances
that the acquisition, management, and disposition of eligible lands and
water for reclamation and other designated purposes will be accomplished
in a manner prescribed by the Act. This information will be used by the
regulatory authority to ensure that the State/Indian tribe has
sufficient programmatic capability to acquire, manage, and dispose of
land in the prescribed manner. The obligation to respond is mandatory.
30 CFR 879.11 Land eligible for acquisition.
(a) Land adversely affected by past coal mining practices may be
acquired by the OSM with moneys from the Fund, or by a State or Indian
tribe if approved in advance by OSM. OSM shall find in writing that
acquisition is necessary for successful reclamation and that --
(1) The acquired land will serve recreation, historic, conservation,
and reclamation purposes or provide open space benefits after
restoration, reclamation, abatement, control, or prevention of the
adverse effects of past coal mining practices; and
(2) Permanent facilities will be constructed on the land for the
restoration, reclamation, abatement, control, or prevention of the
adverse effects of past coal mining practices.
(b)(1) Coal refuse disposal sites and all coal refuse thereon may be
acquired with moneys from the Fund by OSM or by a State or Indian tribe
if approved in advance by OSM. Prior to the approval of the acquisition
of such sites, the OSM, State, or Indian tribe shall find in writing
that the acquisition of such land is necessary for successful
reclamation and will serve the purposes of the Abandoned Mine Land
Reclamation Program.
(2) Where an emergency situation exists and a written finding as set
out in 877.14 of this chapter has been made, OSM may use Fund moneys to
acquire lands where public ownership is necessary to meet an emergency
situation and prevent recurrence of the adverse effects of past coal
mining practices.
(c) Land adversely affected by past coal mining practices may be
acquired by OSM if the acquisition with moneys from the Fund is an
integral and necessary element of an economically feasible plan or
project to construct or rehabilitate housing which meets the specific
requirements set out in section 407(h) of the Act.
(d) Land or interests in land needed to fill voids, seal abandoned
tunnels, shafts, and entryways or reclaim surface impacts of underground
or surface mines may be acquired by the OSM, State, or Indian tribe if
OSM finds that acquisition is necessary under part 875 of this chapter.
(e) The OSM, State, or Indian tribe which acquires land under this
part shall acquire only such interests in the land as are necessary for
the reclamation work planned or the postreclamation use of the land.
Interests in improvements on the land, mineral rights, or associated
water rights may be acquired if --
(1) The customary practices and laws of the State in which the land
is located will not allow severance of such interests from the surface
estate; or
(2) Such interests are necessary for the reclamation work planned or
for the postreclamation use of the land; and
(3) Adequate written assurances cannot be obtained from the owner of
the severed interest that future use will not be in conflict with the
reclamation to be accomplished.
30 CFR 879.12 Procedures for acquisition.
(a) An appraisal of all land or interest in land to be acquired shall
be obtained by the OSM, State, or Indian tribe. The appraisal shall
state the fair market value of the land as adversely affected by past
mining.
(b) When practical, acquisition shall be by purchase from a willing
seller. The amount paid for land or interests in land acquired shall
reflect the fair market value of the land or interests in land as
adversely affected by past mining.
(c) When necessary, land or interests in land may be acquired by
condemnation. Condemnation procedures shall not be started until all
reasonable efforts have been made to purchase the land or interests in
lands from a willing seller.
(d) The OSM, State, or Indian tribe which acquires land under this
part shall comply, at a minimum, with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, et
seq., and 41 CFR part 114-50.
30 CFR 879.13 Acceptance of gifts of land.
(a) The OSM, State, or Indian tribe under an approved reclamation
plan may accept donations of title to land or interests in land if the
land proposed for donation meets the requirements set out in 879.11.
(b) Offers to make a gift of land or interest in land to the U.S.
Government shall be in writing and comply with U.S. Department of the
Interior regulations for land donations. The States and Indian tribes
may use procedures provided by applicable State or Indian tribal law.
30 CFR 879.14 Management of acquired land.
Land acquired under this part may be used for any lawful purpose that
is consistent with the necessary reclamation activities. Procedures for
collection of user charges or the waiver of such charges by the OSM,
State, or Indian tribe shall provide that all user fees collected shall
be deposited in the appropriate Abandoned Mine Reclamation Fund.
30 CFR 879.15 Disposition of reclaimed land.
(a) Prior to the disposition of any land acquired under this part,
OSM, State, or Indian tribe shall publish a notice of proposed land
disposition, hold public hearings, if required, and make written
findings in accordance with the authority contained in section 407(g)(2)
of the Act.
(b) OSM may transfer administrative responsibility for land acquired
by OSM to any Federal Department or Agency, with or without cost to that
Department or Agency. OSM may transfer title for land acquired by OSM
to any State or Indian tribe or to any agency or political subdivision
of a State or Indian tribe, with or without cost to that entity, for the
purposes set out in paragraphs (e) or (f) of this section. The
agreement under which a transfer is made shall specify --
(1) The purposes for which the land may be used, which shall be
consistent with the authorization under which the land was acquired;
and
(2) That the title of administrative responsibility for the land
shall revert to OSM, State, or Indian tribe if, at any time in the
future, OSM finds that the land is not used for the purposes specified.
(c) OSM may accept title for abandoned and unreclaimed land to be
reclaimed and administered by OSM. If a State or Indian tribe transfers
land to OSM under this section, that State or Indian tribe shall have a
preference right to purchase such land from OSM after reclamation is
completed. The price to be paid by the State or Indian tribe shall be
the fair market value of the land in its reclaimed condition less any
portion of the land acquisition price paid by the State or Indian tribe.
(d) OSM may sell land acquired and reclaimed under this part, except
that acquired for housing under 879.11(c), to the State or local
government at less than fair market value but in no case less than
purchase price plus reclamation cost provided such land is used for a
valid public purpose.
(e) OSM may transfer or sell land acquired for housing under
879.11(c), with or without monetary consideration, to any State or
political subdivision of a State, to an Indian tribe, or to any firm,
association, or corporation. The conditions of transfer or sale shall
be in accordance with Section 407(h) of the Act.
(f) OSM may transfer title for land acquired for housing under
879.11(c) by grants or commitments for grants, or may advance money
under such terms and conditions as required, to --
(1) Any State or Indian tribe; or
(2) A department, agency, or instrumentality of a State; or
(3) Any public body or nonprofit organization designated by a State.
(g)(1) OSM may sell or authorize the States or Indian tribes to sell
land acquired under this part by public sale if --
(i) Such land is suitable for industrial, commercial, residential, or
recreational development;
(ii) Such development is consistent with local, State, of Federal
land use plans for the area in which the land is located; and
(iii) Retention by OSM, State, or Indian tribe, or disposal under
other paragraphs of this section is not in the public interest.
(2) Disposal procedures will be in accordance with Section 407(g) of
the Act and applicable State or Indian tribal requirements.
(3) States may transfer title or administrative responsibility for
land to cities, municipalities, or quasi-governmental bodies, provided
that the State provide for the reverter of the title or administrative
responsibility if the land is no longer used for the purposes originally
proposed.
(h) All moneys received from disposal of land under this part shall
be deposited in the appropriate Abandoned Mine Reclamation Fund in
accordance with 30 CFR part 872 of this chapter.
30 CFR 879.15 PART 880 -- MINE FIRE CONTROL, APPALACHIA
Sec.
880.1 Scope.
880.2 Definitions.
880.3 Qualifications of projects.
880.4 Cooperative agreements.
880.5 Project contracts.
880.6 Administration of contributions.
880.7 Assistance by States and local authorities.
880.8 Civil rights.
Authority: Sec. 7, 68 Stat. 1011, sec. 205, 79 Stat. 13; 30
U.S.C. 557, 40 U.S.C. App. 205 and Pub. L. 95-87, 30 U.S.C. 1201 et
seq.
Source: 48 FR 37378, Aug. 18, 1983, unless otherwise noted.
30 CFR 880.1 Scope.
Projects for the control or extinguishment of outcrop or underground
fires in coal formations under the authority of the Act of August 31,
1954 (30 U.S.C. 551-558) and pursuant to subsection (a)(2) of section
205 of the Appalachian Regional Development Act of 1965 (Pub. L. 89-4,
79 Stat. 5), shall be instituted and conducted in accordance with the
regulations in this part.
30 CFR 880.2 Definitions.
As used in the regulations in this part and in cooperative
agreements, entered into pursuant to the regulations in this part:
(a) Government means the United States of America;
(b) Commission means the Appalachian Regional Development Commission
established by section 101 of the Appalachian Regional Development Act
of 1965;
(c) State means any one of the States listed in section 403 of the
Appalachian Regional Development Act of 1965; and
(d) Local authorities means a county, city, township, town, or
borough, and other local governmental bodies organized and existing
under authority of State laws.
30 CFR 880.3 Qualifications of projects.
A project in a State for the control of fires in coal formations will
be undertaken in cooperation with a State and local authorities if, in
the Secretary's judgment, the project will prevent injury and loss of
life, protect public health, conserve natural resources, or protect
public and private property. Projects must be submitted by a State to
the Commission and receive the approval of that body.
30 CFR 880.4 Cooperative agreements.
(a) Each project shall be covered by a cooperative agreement among
the Government, as represented by the Director, the State and the local
authorities. The agreement shall establish the total estimated cost of
the project and, if the project is to be accomplished in phases, the
estimated cost of each phase. The maximum obligations of the parties to
share the cost of the project shall be stated in terms of the total
estimated cost of the project. Other responsibilities of the parties
shall also be described in the agreement, as may be agreed and in
conformity with the regulations in this part, to meet the needs and
requirements of a particular project.
(b) Total project costs shall include the costs of the work performed
pursuant to a project contract or a series of project contracts, and the
costs to OSM of administration, engineering, planning, direction of the
project work, and routine maintenance and inspection following
completion of the work performed to control or extinguish the fire.
(c) The Government's obligation to contribute funds may be less than
but shall not exceed 75 percent of the total estimated cost of the
project. The obligation of the State (and, if appropriate, the local
authorities) to contribute funds may be more but shall not be less than
25 percent of the total estimated cost of the project.
(d) None of the funds contributed by the Government or the State or
the local authorities shall be used for the purchase of sand, clay,
stone, or other such kinds of noncombustible materials used to control
or extinguish the fire.
30 CFR 880.5 Project contracts.
(a) OSM will design, plan, and engineer a method of operation for
control or extinguishment of the outcrop or underground mine fire, and
will execute the project through a project contract, or, if the work is
to be done in phases, a series of project contracts.
(b) A State or local authority must pay the financial contribution
required under the cooperative agreement to OSM after the bids on a
proposed project contract have been opened but before the contract is
awarded. The State will be advised of the time and place of the opening
of bids on a proposed project contract and may have a representative
present and, when requested, shall advise OSM with respect to the
qualifications of bidders. OSM will recognize the contribution and
cooperation of State and local authorities in advertisements for bids
for the work.
(c) If the bids on work to be done under a proposed project contract
exceed the estimated cost of that work, OSM shall not enter into a
project contract until the cooperative agreement has been amended to
provide for an increase in contributions sufficient to meet the increase
in costs. Similarly, no amendment shall be made to, and no change order
shall be issued under, a project contract, if the amendment or change
order would result in an expenditure under the contract in excess of the
estimated cost of the work until the cooperative agreement has been
amended to provide for an increase in contributions sufficient to meet
the increase in costs.
(d) The Director is authorized to execute an amendment to a
cooperative agreement, without prior approval of the Secretary, to meet
an increase in costs under a proposed or existing project contract if
the increase is not in excess of 20 percent of the estimated cost of the
work under the proposed or existing cooperative agreement.
30 CFR 880.6 Administration of contributions.
Financial contributions made by a State or local authorities will be
deposited in trust in the Treasury of the United States for withdrawal
and expenditure by OSM pursuant to the cooperative agreement and as
necessary in performance of the project work. Withdrawals and
expenditures from the trust fund will be made only for costs connected
with the project. Any part of the money contributed by a State or local
authority for an individual project which remains unexpended at the
completion or termination of project will be returned to the State or
local authority.
30 CFR 880.7 Assistance by States and local authorities.
Either the State or local authorities, as may be appropriate in each
particular project, and without cost or charge to project costs shall:
(a) Provide such assistance in planning and engineering the project
as may be requested by OSM;
(b) Furnish accurate information, data, and accurate maps on the
location of the project and the location of water, sewer, and power
lines within the project area, and maps or plats showing properties and
lands on which releases, consents, or rights or interests in lands have
been obtained;
(c) Obtain and deliver to OSM releases, proper consent or the
necessary rights or interests in lands, and other documents required by
OSM for approval of the project, and in form and substance satisfactory
to OSM;
(d) Furnish a certification in form and substance satisfactory to OSM
that the releases, consents, or the necessary rights or interests in
lands, are from all the legal property owners within the project area;
(e) Agree to indemnify and hold the Government harmless should any
property owner within the project area make any claim for damage
resulting from the work within the project area if releases, consents or
rights or interests were not obtained from such property owner by the
State or local authorities;
(f) Grant to the Government the right to enter upon streets, roads,
and other land owned or controlled by the State or the local authorities
overlying or adjacent to the project fire area, and to conduct thereon
the operations referred to in the cooperative agreement and project
contract, and agree to hold the Government harmless from any claim for
damage arising out of the project operations to property owned,
possessed or controlled by the State or local authorities in the
vicinity of the project area;
(g) Furnish sand, clay, stone, or other such kinds of noncombustible
materials, used in the flushing of voids, installation of fire barriers,
plugs, trenches, fills, or other means or methods used to control or
extinguish the fire;
(h) Maintain and perform maintenance work on the project as may be
provided in the cooperative agreement;
(i) Agree not to mine or permit mining of coal or other minerals on
property owned or controlled by the State or local authorities, if
required by OSM, to assure the success of, or protection to, the project
work and the control or extinguishment of the fire, and for such period
of time as may be required by OSM; and
(j) If necessary, procure the enactment of State or local laws
providing for the control and extinguishment of outcrop and underground
fires in coal formations on State or privately owned lands and the
cooperation of the State or local authorities in the work and the
requisite authority to permit the States or local authorities to meet
the obligations imposed by the regulations in this part of a cooperative
agreement.
30 CFR 880.8 Civil rights.
State and local authorities shall comply with Title VI of the Civil
Rights Act of 1964 (Pub. L. 88-352) and all requirements imposed by or
pursuant to the regulations of the Department of the Interior entitled
''Nondiscrimination in Federally-assisted Programs of the Department of
the Interior-Effectuation of Title VI of the Civil Rights Act of 1964''
(43 CFR part 17) and shall give assurances of compliance in such form as
may be required by the Director.
30 CFR 880.8 PART 881 -- SUBSIDENCE AND STRIP MINE REHABILITATION,
APPALACHIA
Sec.
881.1 Purpose and scope.
881.2 Definitions.
881.3 Qualification of projects.
881.4 Application of contribution.
881.5 Cooperative agreements.
881.6 Project contract.
881.7 Administration of contributions.
881.8 Withholding of payments.
881.9 Reports.
881.10 Obligations of States or local authorities.
881.11 Nondiscrimination.
881.12 Civil rights.
Authority: Sec. 205, 79 Stat. 13 (40 U.S.C. App. 205), and Pub. L.
95-87, 30 U.S.C. 1201 et seq.
Source: 48 FR 37379, Aug. 18, 1983, unless otherwise noted.
30 CFR 881.1 Purpose and scope.
The regulations in this part provide for contributions by the
Secretary with respect to projects in the Appalachian Region for the
sealing and filling of voids in abandoned coal mines or for the
reclamation and rehabilitation of existing strip and surface mine areas
under the authority of subsection (a)(1) of section 205 of the
Appalachian Region Development Act of 1965 (Pub. L. 89-4, 79 Stat. 5)
30 CFR 881.2 Definitions.
As used in the regulations in this part and in cooperative agreements
entered into pursuant to the regulations in this part:
(a) Government means the United States of America;
(b) Commission means the Appalachian Regional Development Commission
established by Section 101 of the Appalachian Regional Development Act
of 1965;
(c) State means any one of the States listed in section 403 of the
Appalachian Regional Development Act of 1965; and
(d) Local authorities or local bodies of government means a county,
city, township, town, or borough, and other local governmental bodies
organized and existing under authority or State laws.
30 CFR 881.3 Qualification of projects.
(a) Projects for the reclamation and rehabilitation of strip-mined
areas will be considered only if all of the lands embraced within the
project are lands owned by the Federal Government, a State, or local
bodies of government.
(b) Projects must be submitted by a State to the Commission and
receive the approval of that body.
30 CFR 881.4 Application of contribution.
(a) A State in its application for contribution to a project shall
fully describe the conditions existing in the project area and give a
full justification for the project in terms of the relationship of the
potential benefits that will result from the project to the estimated
costs of the project and in terms of the improvement, on a continuing
basis, to the economic potential of the State or area which the project
will bring about. If the project entails the reclamation and
rehabilitation of strip and surface mined areas, the application shall
state the uses to which the lands will be put.
(b) Before submitting a project to the Secretary for approval, the
Director shall obtain from the State the following:
(1) Copies of inspection procedures, designs, plans and methods of
engineering proposed for the construction, installation, services or
work to be performed to accomplish the objectives of the project;
(2) Accurate information, data, and maps of the location of the
project, the area involved, and, if the project consists of work
designed to prevent or alleviate subsidence, information, data, and maps
(if available) of the seams of coal to be filled or flushed;
(3) The proposed advertisement for bids for each project contract,
which advertisement shall include suitable references concerning the
fact that the project is one to the cost of which the Government will
contribute under the Appalachian Regional Development Act of 1965, and
that the State's acceptance of liability arising out of any bid shall be
subject to contribution by the Government under the provisions of a
cooperative agreement with the Government for that purpose;
(4) The proposed project contract, together with specifications and
drawings pertaining to the equipment, materials, labor and work to be
performed by the project contractor;
(5) Releases, proper consent or the necessary rights or interests in
lands and coal formations, for gaining access to and carrying out work
in or on the project, and other documents required by OSM for approval
of the project, and in form and substance satisfactory to OSM;
(6) Certifications or documents, as may be required by OSM,
indicating public ownership or control of subsurface coal or mineral
rights accompanied by appropriate resolutions from the State or local
authorities to indemnify and hold the Government harmless should any
property owner within the project area make any claim for damage
resulting from the work within the project area if releases, consents or
rights or interests were not obtained from such property owner by the
State or local authorities, and not to mine or permit mining of coals or
other minerals in property owned or controlled by the State or local
authorities.
(7) If the project is for the rehabilitation or reclamation of a
strip mine area, evidence satisfactory to the Secretary that the State
or local authority owns the lands upon which the project is proposed to
be carried out, and that effective installation, operation, and
maintenance safeguards will be enforced;
(8) The estimated total cost of the proposed project and, if the work
is proposed to be performed in phases, the estimated cost of each phase.
(c) If the Secretary approves the project, the Director will submit
to the State a coopertive agreement establishing the estimated cost of
the project in the amount approved by the Secretary.
30 CFR 881.5 Cooperative agreements.
(a) Each project shall be covered by a cooperative agreement between
the Government, as represented by the Director, and the State. The
agreement shall establish the total estimated cost of the project and,
if the project is to be accomplished in phases, the estimated cost of
each phase. The maximum obligations of the parties to share the cost of
the project shall be stated in terms of the total estimated cost of the
project and, if project is to be accomplished in phases, in terms of the
estimated cost of each phase. Other responsibilities of the parties
shall also be described in the agreement, as may be agreed upon and as
may be in conformity with these regulations, to meet the needs and
requirements of a particular project.
(b) The Government's obligation to contribute funds may be less than
but shall not exceed 75 percent of the total estimated cost of the
project. The obligation of the State (and, if appropriate, the local
authorities) to contribute funds may be more but shall not be less than
25 percent of the total estimated cost of the project.
(c) None of the funds contributed by the Government or by the State
shall be used for operating or maintaining the project or for the
purchase of culm, rock, spoil, or other filling or flushing material.
(d) The Director may, without approval by the Secretary execute
amendments to a cooperative agreement which will cover (1) acceptance of
a bid on a proposed project contract that does not exceed by more than
20 percent the estimated cost, initially established in the cooperative
agreement, of the work covered by the proposed project contract, and (2)
the estimated costs of additional work under a project contract, if the
estimated cost, initially established in the cooperative agreement, of
the work covered by the project contract will not be increased by more
than 20 percent.
30 CFR 881.6 Project contract.
(a) Upon approval of the project by the Secretary, execution of the
cooperative agreement, and receipt of an acceptable bid, the State shall
carry out and execute the project through a project contract, or, if the
work is to be done in phases, a series of project contracts, entered
into by the State and its contractors or suppliers for the construction,
installation, services or work to be performed.
(b) Project contracts shall be entered into only with the lowest
responsible bidder pursuant to suitable procedures for advertising and
competitive bidding. The Government's obligation to contribute to the
cost of a project, or a phase of a project, is limited to the estimated
costs established in the cooperative agreement. If the bids on work to
be done under a proposed project contract exceed the estimated cost of
the work established in the cooperative agreement, the State should not
enter into the project contract unless the cooperative agreement has
been amended to provide for an increase in contributions sufficient to
meet the increase in costs, or unless the State wishes to assume the
excess cost of the project.
(c) OSM shall be advised of the time and place of the opening of bids
on a proposed project contract and may have a representative present.
(d) If the State amends a project contract, or issues a change order
thereunder, and the amendment or change order results in an expenditure
under the project contract in excess of the estimated cost of the work
established in the cooperative agreement, the Government shall be under
no obligation to contribute to such excess costs unless the cooperative
agreement has been amended to provide for an increase in contributions
by the parties sufficient to meet such excess costs.
(e) The State shall furnish the Director, in duplicate, a certified
true executed copy of each project contract with related plans,
specifications, and drawings annexed thereto, promptly upon its
execution.
(f) The State shall include in each project contract provisions to
the effect that --
(1) Regardless of any agreement between the State and the Government
respecting contributions by the Government to the cost of the contract
under the provisions of section 205(a)(1) of the Appalachian Regional
Development Act of 1965 (Pub. L. 89-4, 79 Stat. 5), the Government
shall not be considered to be a party to the contract or in any manner
liable thereunder. Neither the Government nor any of its officers,
agents, or employees shall be responsible for any loss, expense, damages
to property, or injuries to persons, which may arise from or be incident
to the use and occupation of any property affected by the operations
contemplated under the project, or for damages to the property of the
contractor, or for injuries to the person of the contractor, or for
damages to the property, or injuries to the contractor's officers,
agents, servants, or employees, or others who may be on said premises at
their invitation or the invitation of any of them, and the State and the
project contractor shall hold the Government and any of its officers,
agents, or employees, harmless from all such claims.
(2) The Secretary of the Interior or the Director of OSM or their
authorized representative may enter upon and inspect the project at any
reasonable time and may confer with the contractor and the State
regarding the conduct of project operations.
(3) All laborers and mechanics employed by the contractor or
subcontractors on the project shall be paid wages at rates not less than
those prevailing on similar construction in the locality as determined
by the Secretary of Labor in accordance with the Davis-Bacon Act, as
amended (40 U.S.C. 276a-276a-5). The Secretary of Labor shall have with
respect to such labor standards, the authority and functions set forth
in Reorganization Plan Number 14 of 1950 (15 FR 3176, 64 Stat. 1267, 5
U.S.C. 133-133z-15), and section 2 of the Act of June 13, 1934, as
amended (48 Stat. 948, as amended; 40 U.S.C. 276(c)).
(4) To assure the use of local labor to the maximum extent
practicable in the implementation of a project:
(i) Every contractor or subcontractor undertaking to do work on the
project which is or reasonably may be done as onsite work, in carrying
out such contract work shall give preference to qualified persons who
regularly reside in the labor area as designated by the U.S. Department
of Labor wherein such project is situated, or the subregion, or the
Appalachian counties of the State wherein such project is situated,
except:
(A) To the extent that qualified persons regularly residing in the
area are not available;
(B) For the reasonable needs of any such contractor or subcontractor,
to employ supervisory or specially experienced individuals necessary to
assure an efficient execution of the contract;
(C) For the obligation of any such contractor or subcontractor to
offer employment to present or former employees as the result of a
lawful collective bargaining contract, provided that in no event shall
the number of nonresident persons employed under paragraph (f)(4)(i)(C)
exceed 20 percent of the total number of employees employed by such
contractor and his subcontractors on such project.
(ii) Every such contractor and subcontractor shall furnish the
appropriate U.S. Employment Service offices with a list of all positions
for which laborers, mechanics, and other employees may be required.
(iii) Every such contractor and subcontractor shall furnish periodic
reports to the contracting agency on the extent to which local labor has
been used in carrying out the contract work.
30 CFR 881.7 Administration of contributions.
(a) The Government's contribution to a State will be made only
pursuant to a cooperative agreement and only upon the basis of payments
made, or that are then due and payable, by the State under a project
contract between the State and its contractor for the construction,
installation, services or work performed on individual projects and
shall not exceed 75 percent of such amounts.
(b) The State shall submit to the Director, not more often than once
a month and for each cooperative agreement, a separate voucher which
describes each payment made or that is due and payable by the State
under a project contract. The amounts claimed under each voucher shall
be certified by the State as proper charges under the project contract,
and the State shall also certify that the amounts have either been paid
or are due and payable thereunder. Insofar as the Government's
contribution payments related to amounts due and payable rather than
amounts already paid, the State shall disburse such funds together with
the funds contributed by the State, promptly upon receipt from the
Government.
(c) The State shall maintain suitable records and accounts of its
transactions with and payments to project contractors, and the
Government may inspect and audit such accounts and records during normal
business hours and as it may deem necessary.
30 CFR 881.8 Withholding of payments.
Whenever the Secretary, after reasonable notice and opportunity for
hearing, finds that there is a failure by the State to expend funds in
accordance with the terms and conditions governing the Government's
contribution for an approved project, he shall notify the State that
further payments will not be made to the State from available
appropriations until he is satisfied that there will no longer be any
such failure. Until the Secretary is so satisfied, payment of any
financial contribution to the State shall be withheld.
30 CFR 881.9 Reports.
At such times and in such detail as the Secretary shall require, the
State shall furnish to the Secretary a statement with respect to each
project showing the work done, the status of the project, expenditures,
and amounts obligated, and such other information as may be required.
30 CFR 881.10 Obligations of States or local authorities.
(a) The State shall have full responsibility for installing,
operating, and maintaining projects constructed pursuant to the
regulations in this part.
(b) The State shall give evidence, satisfactory to the Secretary,
that it will enforce effective safeguards with respect to installation,
operation, and maintenance.
(c) The State shall agree that neither the Government nor any of its
officers, agents, or employees shall be responsible for any loss,
expense, damages to property, or injuries to persons, which may arise
from or be incident to work upon, or to the use and occupation of any
property affected by operations under, the project, and the State shall
agree to hold the Government and its officers, agents, or employees
harmless from all such claims.
(d) In order to assure effective safeguards with respect to
installation, operation, and maintenance, the State or local authority
will be required to own (or control), the land, subsurface, or coal
seams in instances such as the following:
(1) If the objective of the project is to prevent or alleviate
subsidence, the State or local authority shall have or acquire such
subsurface and underground rights or interests in such coal seams or
coal measures as may be required to assure the stability and continued
existence of the project and to such an extent as will give reasonable
assurance that the work will not be disturbed in the future.
(2) If the objective of the project is to rehabilitate or reclaim
strip-mined areas, the land shall be owned by the Federal, State, or
local body of government. Such ownership shall comprise such mineral,
subsurface and underground rights and interests as will assure that no
further mining operations will be conducted upon or under the land in
the future.
(3) If the objective of the project is to seal abandoned open shafts,
slopes, air holes and other mine openings to underground workings where
public safety hazards exist, or to control or prevent erosion, water
pollution, or discharge of harmful mine waters, the State shall have or
acquire such right, title or interest in the lands as will assure the
stability and continued existence of the project work.
(4) The extent of ownership or control necessary shall be determined
with respect to each individual project.
(e) The State or local authorities, shall agree not to mine or permit
the mining of coal or other minerals in the land or property owned or
controlled by the State or local authorities, if required by OSM to
assure the success or protection of the project work for such period of
time as may be required by OSM.
(f) Upon request of OSM, the State or local authority shall furnish
and disclose the nature and extent of its right, title, or interest in
lands within, or which may be affected by, the project and submit an
analysis, in writing, of the title situation, the effectiveness, extent
and strength of the title which has been acquired, and an opinion as to
the protection which the documents conveying the various rights, titles,
and interests in the land afford the project work and as to any defects
in the title.
(g) If necessary, State and local authorities shall procure the
enactment of State or local laws or ordinances providing authority to
participate in the work and projects conducted pursuant to the
regulations in this part on lands owned by the State, the local
authorities, or private persons, and the requisite authority to permit
the State or local authorities to meet the obligations imposed by the
regulations in this part or a cooperative agreement and to enter into
project contracts of the kind and nature contemplated for the work to be
performed.
30 CFR 881.11 Nondiscrimination.
The State shall comply with the provisions of section 301 of
Executive Order 11246 (Sept. 24, 1965; 30 FR 12319, 12935) and shall
incorporate the provisions prescribed by section 202 of Executive Order
11246 in each project contract, and shall undertake and agree to assist
and cooperate with the Director and the Secretary of Labor, obtain and
furnish information, carry out sanctions and penalties, and refrain from
dealing with debarred contractors, all as provided in said section 301.
30 CFR 881.12 Civil rights.
State or local authorities shall comply with Title VI of the Civil
Rights Act of 1964 (Pub. L. 88-352) and all requirements imposed by or
pursuant to the regulations of the Department of the Interior entitled
''Nondiscrimination in Federally-assisted Programs of the Department of
the Interior -- Effectuation of Title VI of the Civil Rights Act of
1964'' (43 CFR part 17) and shall give assurances of compliance in such
forms as may be required by the Director.
30 CFR 881.12 PART 882 -- RECLAMATION ON PRIVATE LAND
Sec.
882.1 Scope.
882.10 Information collection.
882.12 Appraisals.
882.13 Liens.
882.14 Satisfaction of liens.
Authority: Secs. 201(c), 407 (a) and (b), 408, 409, 410, and 412(a),
Pub. L. 95-87, 91 Stat. 449, 462, 463, 464, 465, and 466 (30 U.S.C.
1211, 1237, 1238, 1239, 1240, and 1242).
Source: 47 FR 28599, June 30, 1982, unless otherwise noted.
30 CFR 882.1 Scope.
This part authorizes reclamation on private land and establishes
procedures for recovery of the cost of reclamation activities conducted
on privately owned land by the OSM, State, or Indian tribe.
30 CFR 882.10 Information collection.
The information collection requirements contained in 882.12(c) and
882.13(b) were approved by the Office of Management and Budget under 44
U.S.C. 3507 and assigned clearance number 1029-0057. This information
is being collected to meet the mandate of Secion 408 of the Act, which
allows the State/Indian tribe to file liens on private property that has
been reclaimed under certain conditions. This information will be used
by the regulatory authority to ensure that the State/Indian tribe has
sufficient programmatic capability to file liens. The obligation to
respond is mandatory.
30 CFR 882.12 Appraisals.
(a) A notarized appraisal of private land to be reclaimed which may
be subject to a lien under 882.13 shall be obtained from an independent
appraiser. The appraisal shall state --
(1) The estimated market value of the property in its unreclaimed
condition; and
(2) The estimated market value of the property as reclaimed.
(b) This appraisal shall be made prior to start of reclamation
activities. The agency shall furnish to the appraiser information of
sufficient detail in the from of plans, factual data, specifications,
etc., to make such appraisals. When reclamation requires more than 6
months to complete, an updated appraisal under paragraph (a)(2) of this
section shall be made to determine if the increase in value as
originally appraised has actually occurred. Such updated appraisal
shall not include any increase in value of the land as unreclaimed. If
the updated appraised value results in lower increase in value, such
increase shall be used as a basis for the lien. However, an increase in
value resulting from the updated appraisal shall not be considered in
determining a lien. OSM shall provide appraisal standards for Federal
projects, and the State or Indian tribes shall provide appraisal
standards for State or Indian tribal projects consistent with generally
acceptable appraisal practice.
30 CFR 882.13 Liens.
(a) OSM, State, or Indian tribe has the discretionary authority to
place or waive a lien against land reclaimed if the reclamation results
in a significant increase in the fair market value; except that --
(1) A lien shall not be placed against the property of a surface
owner who acquired title prior to May 2, 1977, and who did not consent
to, participate in, or exercise control over the mining operation which
necessitated the reclamation work.
(2) The basis for making a determination of what constitutes a
significant increase in market value or what factual situation
constitutes a waiver of lien will be made by OSM, State, or Indian tribe
pursuant to the Congressional intent expressed in Section 408 of the Act
and consistent with State or Indian tribal laws governing liens.
(3) A lien may be waived if findings made prior to construction
indicate that the reclamation work to be performed on private land shall
primarily benefit the health, safety, or environmental values of the
greater community or area in which the land is located; or if the
reclamation is necessitated by an unforeseen occurrence, and the work
performed to restore that land will not result in a significant increase
in the market value of the land as it existed immediately before the
unforeseen occurrence; and
(4) OSM, State, or Indian tribe may waive the lien if the cost of
filing it, including indirect costs to OSM, State, or Indian tribe,
exceeds the increase in fair market value as a result of reclamation
activities.
(b) If a lien is to be filed, the OSM, State, or Indian tribe shall,
within 6 months after the completion of the reclamation work, file a
statement in the office having responsibility under applicable law for
recording judgments and placing liens against land. Such statement
shall consist of notarized copies of the appraisals obtained under
882.12 and may include an account of moneys expended for the reclamation
work. The amount reported to be the increase in value of the property
shall constitute the lien to be recorded in compliance with existing
Federal, State or Indian tribal laws: Provided, however, That prior to
the time of the actual filing of the proposed lien, the landowner shall
be notified of the amount of the proposed lien and shall be allowed a
reasonable time to prepay that amount instead of allowing the lien to be
filed against the property involved.
(c) Within 60 days after the lien is filed the landowner may petition
under local law to determine the increase in market value of the land as
a result of reclamation work. Any aggrieved party may appeal in the
manner provided by local law.
30 CFR 882.14 Satisfaction of liens.
(a) A lien placed on private property shall be satisfied, to the
extent of the value of the consideration received, at the time of
transfer of ownership. Any unsatisfied portion shall remain as a lien
on the property.
(b) The OSM, State, or Indian tribe which files a lien on private
property shall maintain or renew it from time to time as may be required
under State or local law.
(c) Moneys derived from the satisfaction of liens established under
this part shall be deposited in the appropriate abandoned mine
reclamation fund account.
30 CFR 882.14 PART 884 -- STATE RECLAMATION PLANS
Sec.
884.1 Scope.
884.11 State eligibility.
884.13 Content of proposed State reclamation plan.
884.14 State reclamation plan approval.
884.15 State reclamation plan amendments.
884.16 Suspension of plan.
884.17 Impact assistance.
Authority: Pub. L. 95-87; 30 U.S.C. 1201 et seq.
Source: 47 FR 28600, June 30, 1982, unless otherwise noted.
30 CFR 884.1 Scope.
This part establishes the procedures and requirements for the
preparation, submission and approval of State reclamation plans.
30 CFR 884.11 State eligibility.
A State is eligible to submit a State reclamation plan if it has
eligible lands or water as defined in 870.5 within its boundaries. A
State is eligible for a State reclamation plan to be approved by the
Director if it has an approved State regulatory program under section
503 of the Act and meets the other requirements of this chapter and the
Act.
30 CFR 884.13 Content of proposed State reclamation plan.
Each proposed State reclamation plan shall be submitted to the
Director in writing and shall include the following information:
(a) A designation by the Governor of the State of the agency
authorized to administer the State reclamation program and to receive
and administer grants under part 886 of this chapter.
(b) A legal opinion from the State Attorney General on the chief
legal officer of the State agency that the designated agency has the
authority under State law to conduct the program in accordance with the
requirements of Title IV of the Act.
(c) A description of the policies and procedures to be followed by
the designated agency in conducting the reclamation program, including
--
(1) The purposes of the State reclamation program;
(2) The specific criteria, consistent with section 403 of the Act for
ranking and identifying projects to be funded;
(3) The coordination of reclamation work among the State reclamation
program, the Rural Abandoned Mine Program administered by the Soil
Conservation Service, the reclamation programs of any Indian tribes
located within the States, and OSM's reclamation programs; and
(4) Policies and procedures regarding land acquisition, management
and disposal under 30 CFR part 879;
(5) Policies and procedures regarding reclamation on private land
under 30 CFR part 882;
(6) Policies and procedures regarding rights of entry under 30 CFR
part 877; and
(7) Public participation and involvement in the preparation of the
State reclamation plan and in the State reclamation program.
(d) A description of the administrative and management structure to
be used in conducting the reclamation program, including --
(1) The organization of the designated agency and its relationship to
other State organizations or officials that will participate in or
augment the agency's reclamation capacity;
(2) The personnel staffing policies which will govern the assignment
of personnel to the State reclamation program;
(3) The purchasing and procurement systems to be used by the agency.
Such systems shall meet the requirements of Office of Management and
Budget Circular A-102, Attachment 0; and
(4) The accounting system to be used by the agency, including
specific procedures for the operation of the State Abandoned Mine
Reclamation Fund.
(e) A general description, derived from available data, of the
reclamation activities to be conducted under the State reclamation plan,
including the known or suspected eligible lands and waters within the
State which require reclamation, including --
(1) A map showing the general location or known or suspected eligible
lands and waters;
(2) A description of the problems occurring on these lands and
waters; and
(3) How the plan proposes to address each of the problems occurring
on these lands and waters.
(f) A general description, derived from available data, of the
conditions prevailing in the different geographic areas of the State
where reclamation is planned, including --
(1) The economic base;
(2) Significant esthetic, historic or cultural, and recreational
values; and
(3) Endangered and threatened plant, fish, and wildlife and their
habitat.
30 CFR 884.14 State reclamation plan approval.
(a) The Director shall act upon a State reclamation plan within 90
days after submittal. A State reclamation plan shall not be approved
until the Director has --
(1) Held a public hearing on the plan within the State which
submitted it, or made a finding that the State provided adequate notice
and opportunity for public comment in the development of the plan;
(2) Solicited and considered the views of other Federal agencies
having an interest in plan;
(3) Determined that the State has the legal authority, policies, and
administrative structure necessary to carry out the proposed plan;
(4) Determined that the proposed plan meets all the requirements of
this subchapter;
(5) Determined that the State has an approved State regulatory
program; and
(6) Determined that the proposed plan is in compliance with all
applicable State and Federal laws and regulations.
(b) If the Director disapproves a proposed State reclamation plan,
the Director shall advise the State in writing of the reasons for
disapproval. The State may submit a revised proposed State reclamation
plan at any time under the procedures of this section.
30 CFR 884.15 State reclamation plan amendments.
(a) A State may, at any time, submit to the Director a proposed
amendment or revision to its approved reclamation plan. If the
amendment or revision changes the objectives, scope or major policies
followed by the State in the conduct of its reclamation program, the
Director shall follow the procedures set out in 884.14 in approving or
disapproving an amendment or revision of a State reclamation plan.
(b) The Director shall promptly notify the State of all changes in
the Act, the Secretary's regulations or other circumstances which may
require an amendment to the State reclamation plan.
(c) The State shall promptly notify OSM of any conditions or events
that prevent or impede it from administering its State reclamation
program in accordance with its approved State reclamation plan.
(d) State reclamation plan amendments may be required by the Director
when --
(1) Changes in the Act or regulations of this chapter result in the
approved State reclamation plan no longer meeting the requirements of
the Act or this chapter; or
(2) The State is not conducting its State reclamation program in
accordance with the approved State reclamation plan.
(e) If the Director determines that a State reclamation plan
amendment is required, the Director, after consultation with the State,
shall establish a reasonable timetable which is consistent with
established administrative or legislative procedures in the State for
submitting an amendment to the reclamation plan.
(f) Failure of a State to submit an amendment within the timetable
established under paragraph (e) of this section or to make reasonable or
diligent efforts in that regard may result in either the suspension of
the reclamation plan under 884.16, reduction, suspension or termination
of existing AML grants under 886.18, or the withdrawal from
consideration for approval of all grant applications submitted under
886.15.
(51 FR 9444, Mar. 19, 1986)
30 CFR 884.16 Suspension of plan.
(a) The Director may suspend a State reclamation plan in whole or in
part, if he determines that --
(1) Approval of the State regulatory program has been withdrawn in
whole or in part;
(2) The State is not conducting the State reclamation program in
accordance with its approved State reclamation plan; or
(3) The State has not submitted a reclamation plan amendment within
the time specified under 884.15.
(b) If the Director determines that the plan should be suspended, the
Director shall notify the State by mail, return receipt requested, of
the proposed action. The notice of proposed suspension shall state the
reasons for the proposed action. Within 30 days the State must show
cause why such action should not be taken. The Director shall afford
the State an opportunity for consultation, including a hearing if
requested by the State and performance of remedial action prior to the
notice of suspension.
(c) The Director shall notify the State of his decision in writing.
The decision of the Director shall be final.
(d) The Director shall lift the suspension if he determines that the
deficiencies that led to suspension have been corrected.
(47 FR 28600, June 30, 1982, as amended at 51 FR 9444, Mar. 19, 1986)
30 CFR 884.17 Impact assistance.
(a) The State reclamation plan may provide for construction of
specific public facilities in communities impacted by coal development.
This form of assistance is available when the Governor of the State has
certified, and the Director has concurred that --
(1) All reclamation with respect to past coal mining and with respect
to the mining of other minerals and materials has been accomplished;
(2) The specific public facilities are required as a result of coal
development; and
(3) Impact funds which may be available under the Federal Mineral
Leasing Act of 1920, as amended, or the Act of October 20, 1978, Public
Law 94-565 (90 Stat. 2662) are inadequate for such construction.
(b) Grant applications for impact assistance may be submitted in
accordance with 886.13 of this chapter.
30 CFR 884.17 PART 886 -- STATE RECLAMATION GRANTS
Sec.
886.1 Scope.
886.3 Authority.
886.10 Information collection.
886.11 Eligibility for grants.
886.12 Coverage and amount of grants.
886.13 Grant period.
886.14 Annual submission of projects.
886.15 Grant application procedures.
886.16 Grant agreements.
886.17 Grant and budget revisions.
886.18 Grant reduction, suspension and termination.
886.19 Audit.
886.20 Administrative procedures.
886.21 Allowable costs.
886.22 Financial management.
886.23 Reports.
886.24 Records.
Authority: Pub. L. 95-87; 30 U.S.C. 1201 et seq.
Source: 47 FR 28601, June 30, 1982, unless otherwise noted.
30 CFR 886.1 Scope.
This part sets forth procedures for grants to States having an
approved State reclamation plan for the reclamation of eligible lands
and water and other activities necessary to carry out the plan as
approved. OSM's ''Final Guidelines for Reclamation Programs and
Projects'' (45 FR 14810-14819, March 6, 1980) should be utilized as
applicable.
30 CFR 886.3 Authority.
(a) The Director is authorized to approve or disapprove applications
for grants under this part if the total amount of the grants does not
exceed the moneys appropriated by the Congress and specifically
allocated to the State under 872.11(b)(2).
(b) The Director is authorized to approve additional grants to a
State from the moneys available under 872.11(b)(5).
30 CFR 886.10 Information collection.
The information collection requirements contained in 30 CFR
886.15(c), 886.17(b), 886.18(c), 886.23 (a) and (b), and 886.24 (a) and
(b) were approved by the Office of Management and Budget under 44 U.S.C.
3507 and assigned clearance numbers 1029-0016, 1029-0017, 1029-0059,
1029-0064, 1029-0068, 1029-0070, 1029-0072 through 1029-0079. This
information is being collected to meet the mandate of section 405 of the
Act, which allows the Secretary to grant funds to States/Indian tribes
pursuant to Section 402(g) and which are necessary to implement the
State/Indian tribe reclamation program. This information will be used
by the OSM to ensure that the State/Indian tribe complies with OMB
Circular A-102 and sound principles of grants management. The
obligation to respond is mandatory.
30 CFR 886.11 Eligibility for grants.
A State is eligible for grants under this part if it has a State
reclamation plan approved under part 884 of this chapter.
30 CFR 886.12 Coverage and amount of grants.
(a) An agency may use moneys granted under this part to adminster the
approved State reclamation program and to carry out the specific
reclamation activities included in the plan and described in the annual
grant agreement. The moneys may be used to cover costs to the agency
for services and materials obtained from other State and Federal
agencies or local jurisdictions according to the OMB Circular A-87.
(b) Grants shall be approved for reclamation of eligible lands and
water, construction of public facilities, program administration, the
incremental cost of filling voids and sealing tunnels with waste from
mine waste piles reworked for conservation purposes, and community
impact assistance. To the extent technologically and economically
feasible, public facilities that are planned, constructed or modified in
whole or in part with abandoned mine land grant funds should utilize
fuel other than petroleum or natural gas.
(c) Acquisition of land or interests in land and any mineral or water
rights associated with the land shall be approved for up to 90 percent
of the costs.
30 CFR 886.13 Grant period.
(a) Except as provided in paragraph (b) of this section, the grant
funding period for projects shall not exceed 3 years. The grant period
for administrative costs of the authorized agency shall not exceed 1
year.
(b) The Director may, in order to facilitate consideration of impact
assistance funding, approve a grant period for specific projects beyond
3 years if he finds, on the basis of the information contained in the
grant application that --
(1) Projects to be funded will fulfill all the objectives of section
403 and section 409 of the Act;
(2) The requests are for funding of specific projects with adequate
plans, acceptable deadlines for completion, and the likelihood of
specific construction contracts to meet the project deadlines; and
(3) Sufficient funds allocated to the State or Indian tribe under
872.11(b)(2) of this chapter are available to complete the projects,
including provisions for corrective works on completed projects and any
additional eligible projects which may be discovered.
30 CFR 886.14 Annual submission of projects.
The agency shall cooperate with OSM in the development of the annual
submission of projects by providing the information required by section
405(f) of the Act for use by the Director in the preparation of his
requests for appropriation of moneys for the State reclamation grants.
The schedule for such estimates shall be determined by the OSM on an
annual basis. Funds required to prepare the annual submission of
projects under section 405(f) of the Act may be included in
administrative grants under 886.12.
30 CFR 886.15 Grant application procedures.
(a) OSM shall act upon a grant application within 90 days of
submittal. If OSM approves an agency's grant application, a grant
agreement shall be prepared and signed by the agency and the Director.
(b) If the application is not approved, OSM shall set forth in
writing the reasons for disapproval and may propose modifications if
appropriate. The agency may resubmit the application or appropriate
revised portions of the application. OSM shall approve or disapprove
the resubmitted grant application within 30 days of the resubmittal.
(c) A preapplication is not required if the total of the grant
requested is within the amounts allocated to the State under
872.11(b)(2) of this chapter. The agency shall use the following
application forms and procedures applicable to construction and/or
nonconstruction programs specified by OSM in accordance with Office of
Management and Budget Circular A-102, Attachment M:
(1) SF-424 Application for Federal Assistance;
(2) OSM-50A Section A of the Project Approved Information;
(3) OSM-50B Section B of the Project Approved Information;
(4) OSM-51 Program Narrative Statement
(5) OSM-47 OSM Budget Information Report; and
(6) OSM-48 Budget Information-Construction Report
(d) The agency shall agree to perform the grant in accordance with
the Act, OSM implementing regulations, and applicable OMB and Treasury
Circulars.
(e) Complete copies of plans and specifications for projects shall
not be required before the grant is approved nor at the start of the
project. The Director may review such plans and specifications after
the start of the project in the agency office, on the project site, or
at any other appropriate site.
(f) A description of the actual or planned public involvement in the
decision to undertake the work, in the planning of the reclamation
activities, and in the decision on how the land will be used after
reclamation shall be included in the application.
30 CFR 886.16 Grant agreements.
(a) If the Director approves an agency's grant application, OSM shall
prepare a grant agreement, which includes:
(1) A statement of the work to be covered by the grant;
(2) A statement of the approvals of specific actions as required
under this subchapter or the conditions to be met before such approvals
can be given if moneys are included in the grant for such actions;
(3) The amounts approved for each individual project included in the
grant application; and
(4) Allowable transfers of funds to other Federal, State or local
agencies.
(b) The Director may allow an agency to assign functions and funds to
other Federal, State or local agencies. The Director shall require the
grantee agency to retain responsibility for overall administration of
that grant, including use of funds and reporting.
(c) The Director shall transmit four copies of the grant agreement by
mail, return receipt requested, or by hand to the agency for signature.
The agency shall execute the grant agreement and return all copies
within 3 weeks after receipt, or within an extension of time granted by
the Director.
(d) The Director shall sign the agreement upon its return from the
agency or when funds are available for the grants, whichever is later,
and return one copy to the agency. The grant is effective and
constitutes an obligation of Federal funds at the time the Director
signs the agreement.
(e) Neither the approval of the grant application nor the award of
any grant shall commit or obligate the United States to award any
continuation grant or to enter into any grant revision, including grant
increases to cover cost overruns.
30 CFR 886.17 Grant and budget revisions.
(a) Grant revisions. (1) A grant revision is a written alteration of
the terms of conditions of the grant agreement, whether accomplished on
the initiative of the agency or OSM. All procedures for the grant
revisions shall conform to OMB Circular A-102.
(2) The agency shall promptly notify the Director, or the Director
shall promptly notify the agency, in writing of events or proposed
changes which may require a grant revision. The agency shall notify the
Director in advance of --
(i) Planned changes in the scope or objective of any individual
project even if the change will not result in a change in the total cost
of the project; and
(ii) Changes which will result in an extension of the grant period.
(b) Budget revisions. (1) The agency shall obtain the written
approval of the OSM for budget revisions whenever the total amount of
the revisions result in an increase or decrease of more than $5,000 or 5
percent of the grant amount, whichever is greater.
(2) OSM shall either approve or disapprove the budget revision within
15 days of its receipt.
(3) Changes of less than $5,000 or 5 percent of the grant amount may
be made by the agency without advance notification or approval of OSM if
the change:
(i) Can be made without exceeding the total amount of the project
grant;
(ii) Does not involve a change in the scope or objective of the
project involved; and
(iii) Is consistent with the procedures set forth in Office of
Management and Budget Circular A-102, attachment K.
30 CFR 886.18 Grant reduction, suspension, and termination.
(a) Conditions for reduction, suspension or termination. (1) If an
agency violates the terms of a grant agreement or an approved
reclamation plan, OSM may reduce, suspend or terminate the grant.
(2) If an agency fails to expend moneys allocated and granted within
three years from the date of allocation, or an extension granted under
866.13, OSM may reduce the grant in accordance with 872.11(b)(2) of
this subchapter.
(3) If an agency fails to implement, enforce, or maintain an approved
State regulatory program or any part thereof and, as a result, the
administration and enforcement grant provided under part 735 of this
Chapter is terminated, OSM shall terminate the grant awarded under this
part.
(4) If an agency is not in compliance with the following
nondiscrimination provisions, OSM shall terminate the grant:
(i) Title VI of the Civil Rights Act of 1964, Pub. L. 88-352, 78
Stat. 252 (42 U.S.C. 2000d-1). ''Nondiscrimination in Federally
Assisted Programs'', which provides that no person in the United States
shall on the grounds of race, color, or national origin be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial
assistance, and the implementing regulations in 43 CFR part 17.
(ii) Executive Order 11246, as amended by Executive Order 11375,
''Equal Employment Opportunity,'' requiring that employees or applicants
for employment not be discriminated against because of race, creed,
color, sex, or national origin, and the implementing regulations in 40
CFR part 60.
(iii) Section 504 of the Rehabilitation Act of 1973, Pub. L.
93-112, 87 Stat. 355 (29 U.S.C. 794), as amended by Executive Order
11914, ''Nondiscrimination with Respect to the Handicapped in Federally
Assisted Programs.''
(5) If an agency fails to enforce the financial interest provisions
of part 705 of this chapter, OSM shall terminate the grant.
(6) If an agency fails to submit reports required by this subchapter
or part 705 of this chapter, OSM shall terminate the grant.
(7) If an agency fails to submit a reclamation plan amendment as
required by 884.15, OSM may reduce, suspend, or terminate all existing
AML grants in whole or in part or may refuse to process all future grant
applications.
(b) Grant reduction, suspension, and termination procedures. (1) OSM
shall give at least 30 days written notice to the agency by mail, return
receipt requested, of intent to reduce, suspend, or terminate a grant.
OSM shall include in the notice the reasons for the proposed action and
the proposed effective date of the action.
(2) OSM shall afford the agency opportunity for consultation and
remedial action prior to reducing or terminating a grant.
(3) OSM shall notify the agency of the termination, suspension, or
reduction of the grant in writing by mail, return receipt requested.
(4) Upon termination, the agency shall refund or credit to the Fund
that remaining portion of the grant money not encumbered. However, any
portion of the grant that is required to meet contractual commitments
made prior to the effective date of termination shall be retained by the
agency.
(5) Upon notification of intent to terminate the grant, the agency
shall not make any new commitments without the approval of the OSM.
(6) OSM may allow termination costs as determined by applicable
Federal cost principles listed in Office of Management and Budget
Circular A-87.
(c) Appeals. (1) Within 30 days of OSM's decision to reduce,
suspend, or terminate a grant, the agency may appeal the decision to the
Secretary.
(2) The agency shall include in the appeal --
(i) A statement of the decision being appealed; and
(ii) The facts which the agency believes justify a reversal or
modification of the decision.
(3) The Secretary shall act upon the appeal within 30 days of
receipt.
(47 FR 28601, June 30, 1982, as amended at 51 FR 9444, Mar. 19, 1986)
30 CFR 886.19 Audit.
The agency shall arrange for an independent audit at least once every
two years, pursuant to the requirements of Office of Management and
Budget Circular No. A-102. The audit will be performed in accordance
with the audit guides provided by the General Accounting Office and by
the ''Approved Compliance Supplement'' issued by the Office of
Management and Budget.
30 CFR 886.20 Administrative procedures.
The agency shall follow administrative procedures governing
accounting, payment, property, and related requirements contained in
Office of Management and Budget Circular No. A-102 and use the
following form: OSM-60 (Report of Government Property).
(48 FR 27363, June 14, 1983)
30 CFR 886.21 Allowable costs.
(a) Reclamation project costs which shall be allowed include actual
costs of construction, operation and maintenance, planning and
engineering, construction inspection, other necessary administration
costs, and up to 90 percent of the costs of the acquisition of land.
(b) Costs must conform with any limitations, conditions, or
exclusions set forth in the grant agreement.
30 CFR 886.22 Financial management.
(a) The agency shall account for grant funds in accordance with the
requirement of Office of Management and Budget Circular No. A-102.
Agencies shall use generally accepted accounting principles and
practices consistently applied. Accounting for grant funds must be
accurate and current.
(b) The agency shall adequately safeguard all funds, property, and
other assets and shall assure that they are used solely for authorized
purposes.
(c) The agency shall provide a comparison of actual amounts spent
with budgeted amounts for each grant.
(d) When advances are made by a letter-of-credit method, the agency
shall make drawdowns from the U.S. Treasury through its commercial bank
as closely as possible to the time of making the disbursements.
(e) The agency shall design a systematic method to assure timely and
appropriate resolution of audit findings and recommendations.
30 CFR 886.23 Reports.
(a) For each grant/cooperative agreement, the agency shall
semiannually submit to OSM the following reports prepared according to
the Office of Management and Budget Circular No. A-102, Attachments H
and I:
(1) Financial Status Report, Form SF-269, for the agency's
administrative grant/cooperative agreement and the Performance Report,
Form OSM-51, covering the performance aspects of the grant/cooperative
agreement.
(2) Outlay Report and Request for Reimbursement for Construction
Programs, Form SF-271, and the Performance Report, Form OSM-51, for each
activity or project on which some work has occurred.
(b) For each grant/cooperative agreement, the agency shall annually
submit to the Office the following reports prepared according to Office
of Management and Budget Circular A-102, Attachments H and I:
(1) A final Financial Status Report, Form SF-269, for the Agency's
administrative grant/cooperative agreement and a final Performance
Report, Form OSM-51, covering the performance aspects of the
grant/cooperative agreement.
(2) An annual Outlay Report and Request for Reimbursement for
Construction Programs, Form SF-271, and a cumulative annual Performance
Report, Form OSM-51, which includes --
(i) For each project or activity, a brief description and the type of
reclamation performed, the project location, the landowner's name, the
amounts of land or water reclaimed or being reclaimed, and a summary of
achieved or expected benefits;
(ii) For any land previously acquired by not disposed of, a statement
of current or planned uses, location and size in acres, and any revenues
derived from use of the land; and
(iii) For any permanent facilities acquired or constructed but not
disposed of, a description of the facility and a statement of current or
planned uses, location, and any revenues derived from the use of the
facility.
30 CFR 886.24 Records.
(a) The agency shall maintain complete records in accordance with
Office of Management and Budget Circular A-102, Attachment C. This
includes, but is not limited to, books, documents, maps, and other
evidence and accounting procedures and practices sufficient to reflect
properly --
(1) The amount and disposition by the agency of all assistance
received for the program; and
(2) The total direct and indirect costs of the program for which the
grant was awarded.
(b) Subgrantees and contractors, including contractors for
professional services, shall maintain books, documents, papers, maps,
and records which are pertinent to a specific grant award.
30 CFR 886.24 PART 887 -- SUBSIDENCE INSURANCE PROGRAM GRANTS
Sec.
887.1 Scope.
887.3 Authority.
887.5 Definitions.
887.10 Information collection.
887.11 Eligibility for grants.
887.12 Coverage and amount of grants.
887.13 Grant period.
887.15 Grant administration requirements and procedures.
Authority: Sec. 401(c)(1), Pub. L. 95-87, 91 Stat. 456, as amended
by Pub. L. 98-473, 98 Stat. 1875 (30 U.S.C. 1231).
Source: 51 FR 5493, Feb. 13, 1986, unless otherwise noted.
30 CFR 887.1 Scope.
This part sets forth procedures for grants to States having an
approved State reclamation plan for the establishment, administration
and operation of self-sustaining individual State administered programs
to insure private property against damages caused by land subsidence
resulting from underground coal mining.
30 CFR 887.3 Authority.
The Director is authorized to approve or disapprove applications for
grants up to a total amount of $3,000,000 for each State with an
approved State reclamation plan provided moneys are available under
872.11(b)(2) of this chapter and section 402(g)(2) of Pub. L. 95-87 (30
U.S.C. 1232).
30 CFR 887.5 Definitions.
As used in this part --
Establishment -- means either the development of a subsidence
insurance program or the administration or operation of a subsidence
insurance program.
Private Property -- means any or all of the following: dwellings and
improvements, commercial and industrial structures, utilities,
underground structures such as sewers, pipes, wells and septic systems,
sidewalks and driveways, and land.
Self-sustaining -- means maintaining an insurance rate structure
which is designed to be actuarially sound. Self-sustaining requires
that State subsidence insurance programs provide for recovery of
payments made in settlement for damages from any party responsible for
the damages under the law of the State. Actuarial soundness implies
that funds are sufficient to cover expected losses and expenses
including a reasonable allowance for underwriting services and
contingencies. Self-sustaining shall not preclude the use of funds from
other non-Federal sources.
State Administered -- means administered either directly by a State
agency or for a State through a State authorized commission, board,
contractor, such as an insurance company, or other entity subject to
State direction.
30 CFR 887.10 Information collection.
Since the information collection requirement contained in 30 CFR
887.12 has fewer than 10 respondents per year, it is exempt from the
requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and
does not require clearance by OMB.
30 CFR 887.11 Eligibility for grants.
A State is eligible for grants under this part if it has a State
reclamation plan approved under part 884 of this chapter and if it has
funds available under 872.11(b)(2) of this chapter and section
402(g)(2) of Pub. L. 95-87 (30 U.S.C. 1232).
30 CFR 887.12 Coverage and amount of grants.
(a) An agency may use moneys granted under this part to develop,
administer, and operate a subsidence insurance program to insure private
property against damages caused by subsidence resulting from underground
coal mining. The moneys may be used to cover costs to the agency for
services and materials obtained from other State and Federal agencies or
local jurisdictions according to OMB Circular A-87. Moneys granted may
be used to cover capitalization requirements and initial reserve
requirements mandated by applicable State law provided use of such
moneys is consistent with OMB Circular A-102.
(b) The grant application shall contain the following:
(1) A narrative statement describing how the subsidence insurance
program is ''State administered,'' and
(2) A narrative statement describing how the funds requested will
achieve a self-sustaining individual State administered program to
insure private property against subsidence resulting from underground
coal mining.
(c) Grants funded under this part cannot exceed a total of $3,000,000
per State.
(d) Moneys granted may not be used for lands that are ineligible for
reclamation funding under Title IV of the Surface Mining Control and
Reclamation Act of 1977 (Pub. L. 95-87).
(e) Insurance premiums shall be considered program income and must be
used to further eligible subsidence insurance program objectives in
accordance with the Uniform Administrative Requirements for Grants to
States and Local Governments, OMB, Circular A-102, attachment E.
30 CFR 887.13 Grant period.
The grant funding period shall not exceed eight years from the time
the grant is approved by OSM. Unexpended funds remaining at the end of
any grant period shall be returned according to OMB Circular A-102,
attachment E.
30 CFR 887.15 Grant administration requirements and procedures.
The requirements and procedures for grant administration set forth
for State reclamation grants in part 886 of this chapter shall be used
for subsidence insurance grants.
30 CFR 887.15 PART 888 -- INDIAN RECLAMATION PROGRAMS
Sec.
888.1 Scope.
888.2 Objectives.
888.11 Interim procedures.
Authority: Secs. 201(c), 405(k), 412(a), and 710, Pub. L. 95-87, 91
Stat. 449, 460, 466, and 523 (30 U.S.C. 1211, 1235, 1242, and 1300).
Source: 47 FR 28604, June 30, 1982, unless otherwise noted.
30 CFR 888.1 Scope.
This part is reserved for any additional or unique regulations that
may be required as a result of the special study report submitted
pursuant to section 710 of the Act and to achieve the purposes of the
Act on Indian lands. Because of the special jurisdictional status of
Indian lands, general responsibilities for administration of Indian
reclamation programs are set forth on an interim basis.
30 CFR 888.2 Objectives.
(a) The objectives of this part are to provide a temporary vehicle
for mitigation of emergency situations or extreme danger situations
arising from past mining practices and to begin reclamation of other
areas determined to have high priority on Indian lands.
(b) Upon completion or required legislation, this part will be either
deleted and supplanted by the other parts of this chapter dealing with
State and Indian reclamation programs or expanded as required to achieve
the purposes of the Act.
30 CFR 888.11 Interim procedures.
(a) The Director is authorized to receive proposals from Indian
tribes for projects which should be carried out on Indian lands and to
carry out such projects pursuant to parts 872 through 882 of this
chapter.
(b) The Director shall consult with the Indian tribe and the Bureau
of Indian Affairs' office having jurisdiction over the Indian lands on
all reclamation activities carried out on indian lands under this
subchapter.
(c) If a proposal is made by an Indian tribe and approved by the
Director, the tribal governing body shall approve the project plans.
The costs of the project may be charged against the money allocated to
OSM under 872.11(b)(5).
(d) Approved projects may be carried out directly by the Director or
through such arrangements as the Director may make with the Bureau of
Indian Affairs or other agencies.
30 CFR 888.11 SUBPART S (RESERVED)
30 CFR 888.11 SUBCHAPTER T -- PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE
30 CFR 888.11 PART 900 -- INTRODUCTION
Sec.
900.1 Scope.
900.2 Objectives.
900.4 Responsibilities.
900.11 Organization of this subchapter.
900.12 State regulatory programs.
900.13 Federal programs and Federal coal exploration programs.
900.14 Abandoned mine land programs.
900.15 Federal lands program cooperative agreements.
Authority: Secs. 102, 201, 405, 503, 504, 505 and 523 of Pub. L.
95-87 (30 U.S.C. 1202, 1211, 1235, 1253, 1254, and 1273).
Source: 48 FR 6334, Feb. 11, 1983, unless otherwise noted.
30 CFR 900.1 Scope.
This part sets forth the purpose and organization of parts 901-955 of
this subchapter.
(51 FR 19461, May 29, 1986)
30 CFR 900.2 Objectives.
The objective of this part is to provide an introduction to the
synopsis of the approved State programs, the Abandoned Mined Lands
Reclamation programs, the cross referencing provisions of Federal
programs and the full texts of State and Federal cooperative agreements
for regulation of mining on Federal lands. The introduction explains
the content and authority of the permanent regulatory programs.
30 CFR 900.4 Responsibilities.
(a) Each State that has surface coal mining and reclamation
operations or coal exploration activities on non-Federal, non-Indian
lands must have either an approved State program or a promulgated
Federal program as required by Title V of the Act and 30 CFR chapter
VII, subchapter C. Approval of a State program and promulgation of a
Federal program are described in the paragraphs below.
(b) Under section 503 of the Act and 30 CFR parts 730, 731 and 732 a
State in which there are coal exploration activities or surface mining
and reclamation operations must submit a State program to the Secretary
for approval if it wishes to assume exclusive regulatory jurisdiction on
non-Federal and non-Indian lands within its borders. The State programs
must meet the requirements of the Act and 30 CFR chapter VII, subchapter
C.
(c) Pursuant to section 504 of SMCRA and 30 CFR 736.11, OSM must
promulgate and implement a Federal program in each State in which the
Director reasonably expects coal exploration or surface coal mining and
reclamation operations to exist on non-Federal and non-Indian lands at
any time before June, 1985, and either: (1) The State does not submit a
State program, (2) the Secretary of the Interior finally disapproves the
program submitted by the State, or (3) the Secretary of the Interior
withdraws approval of the State program.
(d) Under section 405 of SMCRA and 30 CFR part 884, each State having
within its borders coal mined lands eligible for reclamation under Title
IV of SMCRA, may submit to the Secretary a State Reclamation Plan,
demonstrating its capability for administering an abandoned mine
reclamation program. Title IV provides that the Secretary may approve
the plan once the State has an approved regulatory program under Title V
of SMCRA. If the Secretary determines that a State has developed and
submitted a program for reclamation and has the necessary State
legislation to implement the provisions of Title IV, the Secretary shall
grant the State exclusive responsibility and authority to implement the
provisions of the approved plan. Section 405 of SMCRA (30 U.S.C. 1235)
contains the requirements for State reclamation plans.
(e) States with approved programs may enter into cooperative
agreements with OSM in order to become the regulatory authority for coal
mining on Federal lands, in accordance with 30 CFR chapter VII,
subchapter D.
30 CFR 900.11 Organization of this subchapter.
Parts 901 through 950 are reserved for each State alphabetically.
The program applicable within each State is codified in the part for
that State. In addition, part 955 establishes rules pursuant to part
850 of this chapter for the training, examination and certification of
blasters by OSM for surface coal mining operations in States with
Federal programs and on Indian lands.
(51 FR 19461, May 29, 1986)
30 CFR 900.12 State regulatory programs.
(a) Upon approval of a State regulatory program the Secretary will
publish a final rule to be codified under the applicable part number
assigned to the State. The full text will not appear below.
Notification of the approval of the program and the dates on which any
amendments were submitted will appear. Also included below are the
addresses of OSM Headquarters, field and State Regulatory Authority
offices where copies of the State programs are available for inspection
and copying.
(b) Provisions of approved State regulatory programs or permits
issued pursuant to an approved State regulatory program may be enforced
by the Secretary or his authorized agents pursuant to sections 504(b)
and 521 of the Act and part 842 of this chapter.
30 CFR 900.13 Federal programs and Federal coal exploration programs.
The rules for each Federal program and Federal coal exploration
program are codified below under the assigned part for the particular
State. Rules governing the training, examination and certification of
blasters for surface coal mining operations in States with Federal
programs are codified in part 955, and referenced by each Federal
program.
(51 FR 19461, May 29, 1986)
30 CFR 900.14 Abandoned mine land programs.
Programs for reclamation of abandoned mine lands are codified under
the applicable part for the State. The date of submittal and approval
and the addresses at which copies of the program are available appear
below in the applicable part for each State.
30 CFR 900.15 Federal lands program cooperative agreements.
The full text of any State and Federal cooperative agreement for the
regulation of coal exploration and mining on Federal lands is published
below under the applicable part. In addition, those requirements of a
State program which are applicable on Federal lands in the State shall
be specified.
30 CFR 900.15 PART 901 -- ALABAMA
Sec.
901.1 Scope.
901.10 State regulatory program approval.
901.15 Approval of regulatory program amendments.
901.16 Required regulatory program amendments.
901.20 Approval of the Alabama abandoned mine land reclamation plan.
901.25 Amendment to approved Alabama Abandoned Mine Land Reclamation
Plan.
901.30 State-Federal cooperative agreement.
Authority: 30 U.S.C. 1201 et seq.
30 CFR 901.1 Scope.
This part contains all rules applicable only within Alabama that have
been adopted under the Surface Mining Control and Reclamation Act of
1977.
(47 FR 22057, May 20, 1982)
30 CFR 901.10 State regulatory program approval.
The Alabama State program, as resubmitted on January 11, 1982, and
clarified in a meeting with OSM on April 9, 1982, (See Administrative
Record No. AL-347) and in a letter to the Director, OSM, of May 14,
1982, is conditionally approved, effective (date of publication).
Beginning on that date, the Alabama Surface Mining Commission shall be
deemed the regulatory authority in Alabama for all surface coal mining
and reclamation operations and all exploration operations on non-Federal
and non-Indian lands. Only surface coal mining and reclamation
operations on non-Federal and non-Indian lands shall be subject to the
provisions of the Alabama permanent regulatory program. Copies of the
approved program, together with copies of the letter of the Alabama
Surface Mining Commission agreeing to the conditions of 30 CFR 901.11,
are available for inspection at:
Alabama Surface Mining Reclamation Commission, Central Bank Building,
2nd Floor, 811 Second Avenue, Jasper, AL 35501
Alabama Surface Mining Reclamation Commission 100 Third Street, Fort
Payne, AL 35967
Office of Surface Mining, Birmingham Field Office, 228 West Valley
Avenue, Room 302, Birmingham, AL 34209
Office of Surface Mining, Administrative Record, Room 5315, 1100 L
Street, N.W., Washington, DC 20240
(47 FR 22057, May 20, 1982, as amended at 49 FR 7805, Mar. 2, 1984)
30 CFR 901.15 Approval of regulatory program amendments.
(a) The following amendments were approved effective July 27, 1983.
(1) Alabama's recodification of its rules, as submitted on November
24, 1982.
(b) The following amendments were approved effective (March 2, 1984).
(1) Alabama revised statute and regulations, submitted on August 29,
1983, as modified on December 22, 1983, to meet conditions (a), (b),
(c), (f), (g), (h), (i), (j), (k), (l) and (m) (1)-(4) and (6). These
revisions were made to Section 9-16-95(f) of Alabama's code and the
following sections of Alabama rules: 880-X-2A-.06(xx),
880-X-2A-.06(www)(5), 880-X-10B-.06(a), 880-X-8F-.08(1)(d),
880-X-8I-.07(1)(d), 880-X-8F-.08(p), 880-X-8I-.07(p),
880-X-8D-.05(1)(b), 880-X-8G-.05(1)(b), 880-X-8K-.05(4)(a),
880-X-8C-.09, 880-X-8K-.12(1) (a) and (b), 880-X-8J-.11, 880-X-10J,
880-X-8J-.09(4)(i), 880-X-11C-.02 (1)(b) and (2)(b), 880-X-2A-.06(yy),
880-X-2A-.06(fff), 880-X-10G-.01, 880-X-10G-.07(a), and 880-X-8D-.05(4).
(2) Other Alabama revised statutory sections submitted on August 29,
1983, to revise sections 9-16-93(f), 9-16-94(a), 9-16-75, 9-16-79(1)(a),
9-16-87(d), 9-16-92(a)(4), 9-16-94(e), 9-16-89(h)(2),
9-16-90(b)(10)(b.1), 9-16-99(2) and 9-16-105.
(3) Other Alabama revised regulatory sections, submitted on August
29, 1983, to revise sections 880-X-2A-.06(kkkkkk)(1),
880-X-5A-.02(1)(i), 880-X-5A-.17(1)(n), 880-X-5A-.18, 880-X-5A-.36,
880-X-8E-.06(2), 880-X-8H-.06(2), 880-X-8E-.06(5)(a),
880-X-8H-.06(5)(a), 880-X-8F-.07, 880-X-8F-.08(2), 880-X-8I-.07(2),
880-X-8F-.09(2)(e), 880-X-8I-.08(2)(e), 880-X-8G-.05(4), 880-X-8I-.09,
880-X-10A-.03, 880-X-10C-.03, 880-X-10C-.30-35, 880-X-10D-.03,
880-X-10D-.28-32, 880-X-10C-.34-4(e)(2), 880-X-10D-.31-4(e)(2),
880-X-10C-.64(3), 880-X-10D-.62(3), 880-X-8N-.07, 880-X-8N-.07(c),
880-X-8N-.13(d), 880-X-8N-.08, and 880-X-8N-.09.
(c) The following amendments were approved effective July 5, 1984:
(1) Alabama revised regulations, submitted on November 28, 1983, as
modified on May 3, 1984. These revisions were made to the following
sections of Alabama rules:
880-X-8C-.06, 880-X-10C-.36, 880-X-10D-.33, 880-X-10C-.13,
880-X-10D-.13, 880-X-10C-.17, 880-X-10D-.17, 880-X-10C-.20,
880-X-10D-.20, 880-X-10C-.27, 880-X-10D-.25.
(2) Alabama revised systems, Chapter V, 731.14(f) and 731.14(g)(9),
including the Memorandum of Understanding between the Alabama Department
of Environmental Management and the Alabama Surface Mining Commission,
signed January 12, 1984.
(d) The following amendment submitted to OSM on January 9, 1984 as
modified on May 3, 1984 is approved effective September 27, 1984:
Alabama's blaster certification program, as contained in the Alabama
regulations at: 880-X-10C-.30(c), 880-X-10D-.28(3) and 880-X-12A-.01
through 880-X-12A-.08, and all other items as submitted by Alabama on
January 9, 1984, and May 3, 1984.
(e) The trial period for Alabama's excess spoil disposal plan is
hereby extended from January 1, 1991, to January 1, 1993. The trial
study is extended this period with the following stipulations:
(1) The Director, at his discretion, may terminate the trial study
period at any time during the extended period, if sufficient data
becomes available. Upon termination of the trial study period and OSM's
analysis of the data, the Director may then approve or disapprove the
subject excess spoil provisions.
(2) At any time during the trial period the Director may, at his
discretion, place a moratorium on new permit applications which include
consideration of the excess spoil provisions.
(3) The State is required to continue to report to the OSM Birmingham
Field Office annually on August 20, on the status of all permits and
permit applications which include consideration under the excess spoil
provisions.
(f) The following amendment is approved effective July 19, 1985.
Regulations concerning exemptions for coal extraction incidental to the
extraction of other minerals, contained in Alabama Surface Mining
Commission rules at Sub-chapter 880-X-2E as submitted to OSM on May 22,
1985.
(g) The amendment to the Alabama permanent regulatory program
submitted to OSM on April 2, 1985, to revised approved staffing levels
is approved effective December 3, 1985.
(h) Amendments to the Alabama permanent regulatory program submitted
to OSMRE on May 7, 1986, as contained in Alabama Senate Bill 445 are
approved effective August 14, 1986.
(i) Amendments to the Alabama permanent regulatory program submitted
to OSMRE on May 20, 1986, to amend ASMC Rules at 880-X-8J-.11 and
880-X-2A-.06 are approved effective September 8, 1986.
(j) The following amendments to the Alabama regulations submitted to
OSM on November 22, 1989 are approved as set forth in paragraph (j)(1)
of this section, effective February 5, 1991, with the exception of the
regulatory provisions identified in paragraph (j)(2) of this section.
(1) Amendment to the following Alabama Surface Mining Commission
regulations:
880-X-2A-.06 Definitions (with the exception noted in paragraph
(j)(2) of this section).
880-X-2B-.01 Applicability.
880-X-7B-.07 Procedures.
880-X-7D-.10 Public Information.
880-X-8A-.07 Coordination with Requirements Under Other Laws.
880-X-8B-.06 Permit Applications -- General Requirements for Format
and Contents.
880-X-8C-.08 Coal Exploration Compliance Duties.
880-X-8D-.08 Relationship to Areas Designated Unsuitable for Mining.
880-X-8D-.14 Facilities or Structures Used in Common.
880-X-8E-.05 Cultural, Historical and Archaeological Resources
Information.
880-X-8E-.06 Description of Geology and Hydrology and Determination
of the Probable Hydrologic Consequences.
880-X-8E-.10 Prime Farmland Investigation.
880-X-8E-.11 Fish and Wildlife Information.
880-X-8F-.08 Operation Plan: Permit Map(s).
880-X-8F-.14 Protection of Public Parks and Historic Places.
880-X-8F-.18 Fish and Wildlife Protection and Enhancement Plans.
880-X-8G-.08 Relationship to Areas Designated Unsuitable for Mining.
880-X-8G-.14 Facilities or Structures Used in Common.
880-X-8H-.05 Cultural, Historical and Archaeological Resources
Information.
880-X-8H-.06 Description of Geology and Hydrology and Determination
of the Probable Hydrologic Consequences.
880-X-8H-.10 Prime Farmland Investigation.
880-X-8H-.11 Fish and Wildlife Information.
880-X-8I-.07 Operation Plan: Permit Map(s).
880-X-8I-.14 Protection of Public Parks and Historic Places.
880-X-8I-.18 Fish and Wildlife Protection and Enhancement Plan.
880-X-8J-.04 Experimental Practices Mining.
880-X-8J-.08 Soils and Prime Farmlands.
880-X-8K-.05 Public Notices of Filing of Permit Applications.
880-X-8K-.05 Public Participation in Permit Processing.
880-X-8K-.06 Opportunity for Submission of Written Comments on Permit
Applications.
880-X-8K-.07 Right to File Written Objections.
880-X-8K-.08 Informal Conferences.
880-X-8K-.09 Public Availability of Information in Permit
Applications on File with the State Regulatory Authority.
880-X-8K-.11 Permit Conditions.
880-X-8K-.12 Criteria for Permit Approval or Denial: Existing
Structures.
880-X-8K-.12 Permit Issuance and Right of Renewal.
880-X-8K-.13 Permit Approval or Denial Actions.
880-X-8K-.14 Permit Terms.
880-X-8K-.15 Conditions of Permits: General and Right of Entry.
880-X-8K-.16 Conditions of Permits: Environment, Public Health, and
Safety.
880-X-8M-.07 Permit Renewals: General Requirements.
880-X-8M-.07 Permit Renewals.
880-X-8M-.08 Permit Renewals: Applications.
880-X-8M-.09 Permit Renewals: Terms.
880-X-8M-.10 Permit Renewals: Approval or Denial.
880-X-8M-.11 Transfer, Assignment, or Sale of Permit Rights: General
Requirements.
880-X-8M-.11 Transfer, Assignment, or Sale of Permit Rights.
880-X-8M-.12 Transfer, Assignment, or Sale of Permit Rights:
Obtaining Approval.
880-X-10B-.04 General Responsibilities of Persons Conducting Other
Coal Exploration.
880-X-10B-.05 Required Documents.
880-X-10B-.06 Performance Standards for Coal Exploration (with the
exception noted in paragraph (j)(2) of this section).
880-X-10C-.08 Topsoil: Removal.
880-X-10C-.12 Hydrologic Balance: General Requirements.
880-X-10C-.12 Hydrologic-Balance Protection.
880-X-10C-.14 Hydrologic-Balance: Diversions and Conveyance of
Overland Flow and Shallow Ground Water Flow and Streams.
880-X-10C-.14 Diversions.
880-X-10C-.24 Hydrologic Balance: Transfer of Wells.
880-X-10C-.26 Hydrologic Balance: Discharge of Water in an
Underground Mine.
880-X-10C-.28 Hydrologic Balance: Stream Buffer Zones.
880-X-10C-.37 Protection of Underground Mining.
880-X-10C-.38 Coal Processing Waste Banks: General Requirements.
880-X-10C-.38 Coal Mine Waste: General Requirements.
880-X-10C-.39 Coal Processing Waste Banks: Site Inspection.
880-X-10C-.40 Coal Processing Waste Banks: Water Control Measures.
880-X-10C-.40 Coal Mine Waste: Refuse Piles (with the exception
noted in paragraph (j)(2) of this section).
880-X-10C-.41 Coal Processing Waste Banks: Construction
Requirements.
880-X-10C-.41 Coal Mine Waste: Impounding Structures.
880-X-10C-.42 Coal Processing Waste: Burning.
880-X-10C-.43 Coal Processing Waste: Burned Waste Utilization.
880-X-10C-.43 Coal Processing Waste: Burning and Burned Waste
Utilization.
880-X-10C-.44 Coal Processing Waste: Return to Underground Workings.
880-X-10C-.45 Disposal of Non-Coal Wastes.
880-X-10C-.45 Disposal of Noncoal Mine Waste (with the exception
noted in paragraph (j)(2) of this section).
880-X-10C-.46 Coal Processing Waste: Dams and Embankments: General
Requirements.
880-X-10C-.47 Coal Processing Waste: Dams and Embankments: Site
Preparation.
880-X-10C-.48 Coal Processing Waste: Dams and Embankments: Design
and Construction.
880-X-10C-.49 Protection of Fish, Wildlife, and Related Environmental
Values.
880-X-10C-.52 Backfilling and Grading: Timing.
880-X-10C-.53 Backfilling and Grading: General Grading Requirements.
880-X-10C-.52 Backfilling and Grading: General Requirements.
880-X-10C-.54 Backfilling and Grading: Coal and Acid and
Toxic-forming Materials.
880-X-10C-.55 Backfilling and Grading: Thin Overburden.
880-X-10C-.56 Backfilling and Grading: Thick Overburden.
880-X-10C-.56 Backfilling and Grading: Previously Mined Areas.
880-X-10C-.58 Revegetation: General Requirements.
880-X-10C-.59 Revegetation: Use of Commercial and Introduced
Species.
880-X-10C-.60 Revegetation: Timing.
880-X-10C-.60 Revegetation: Revegetation Timing and Soil
Stabilization Practices.
880-X-10C-.61 Revegetation: Mulching and Other Soil Stabilization
Practices.
880-X-10C-.63 Revegetation: Tree and Shrub Stocking for Forest Land
and Land Used for Fish and Wildlife Habitats.
880-X-10D.08 Topsoil: Removal.
880-X-10D-.12 Hydrologic Balance: General Requirements.
880-X-10D-.12 Hydrologic Balance Protection.
880-X-10D-.14 Hydrologic Balance: Diversions and Conveyance of
Overland Flow and Shallow Ground Water Flow and Streams.
880-X-10D-.14 Diversions.
880-X-10D-.23 Hydrologic Balance: Transfer of Wells.
880-X-10D-.24 Hydrologic Balance: Discharge of Water into an
Underground Mine.
880-X-10D-.26 Hydrologic Balance: Stream Buffer Zones.
880-X-10D-.34 Coal Processing Waste Banks: General Requirements.
880-X-10D-.34 Coal Mine Waste: General Requirements.
880-X-10D-.35 Coal Processing Waste Banks: Site Inspection.
880-X-10D-.36 Coal Processing Waste Banks: Water Control Measures.
880-X-10D-.36 Coal Mine Waste: Refuse Piles (With the exception
noted in paragraph (j)(2) of this section).
880-X-10D-.37 Coal Processing Waste Banks: Construction
Requirements.
880-X-10D-.37 Coal Mine Waste: Impounding Structures.
880-X-10D-.38 Coal Processing Waste: Burning.
880-X-10D-.39 Coal Processing Waste: Burned Waste Utilization.
880-X-10D-.39 Coal Mine Waste: Burning and Burned Waste Utilization.
880-X-10D-.40 Coal Processing Waste: Return to Underground Workings.
880-X-10D-.41 Disposal of Non-Coal Wastes.
880-X-10D-.41 Disposal of Noncoal Mine Wastes (With the exception
noted in paragraph (j)(2) of this section).
880-X-10D-.42 Coal Processing Waste: Dams and Embankments: General
Requirements.
880-X-10D-.43 Coal Processing Waste: Dams and Embankments: Site
Preparaton.
880-X-10D-.44 Coal Processing Waste: Dams and Embankments: Design
and Construction.
880-X-10D-.45 Protection of Fish, Wildlife, and Related Environmental
Values.
880-X-10D-.48 Backfilling and Grading: General Requirements.
880-X-10D-.49 Backfilling and Grading: General Grading Requirements.
880-X-10D-.49 Backfilling and Grading: Previously Mined Areas.
880-X-10D-.52 Revegetation: General Requirements.
880-X-10D-.53 Revegetation: Use of Commercial and Introduced
Species.
880-X-10D-.54 Revegetation: Timing.
880-X-10D-.54 Revegetation: Revegetation Timing and Soil
Stabilization Practices.
880-X-10D-.55 Revegetation: Mulching and Other Soil Stabilizing
Practices.
880-X-10D-.57 Revegetation: Tree and Shrub Stocking for Forest Land
and Land Used for Fish and Wildlife Habitat.
880-X-10D-.59 Subsidence Control: Public Notice.
880-X-10D-.60 Subsidence Control: Surface Owner Protection.
880-X-10D-.61 Subsidence Control: Buffer Zones.
880-X-10F-.03 Auger Mining: Additional Performance Standards.
880-X-10G Special Performance Standards -- Operations on Prime
Farmlands (with the exception noted in paragraph (j)(2) of this
section).
880-X-10I-.04 Steep Slopes: Performance Standards.
880-X-10I-.06 Steep Slopes: Multiple Seams.
880-X-11A-.04 Availability of Records.
880-X-11B-.02 Inspections.
880-X-11C-.02 Cessation Orders.
880-X-11D-.10 Procedures for Assessment Conference.
880-X-11E Individual Civil Penalties.
(2) The following regulatory provisions are not being approved:
i. 880-X-2A-.06 Definitions -- to the extent that in the case of
National Wildlife Federation v. Lujan (D.D.C. Feburary 12, 1990), the
court remanded the definition of ''previously mined area'' at 30 CFR
701.5 which uses language essentially identical to this section.
ii (Reserved)
iii. 880-X-8K-.10 Review of Permit Applications -- to the extent that
this section does not include all the provisions of the Federal
regulations at 30 CFR 773.15.
iv. 880-X-10B-.06 Performance Standards for Coal Exploration -- to
the extent that section (d) of the amendment does not provide for
separate removal, storage and redistribution of topsoil.
v. 880-X-10C-.40, 880-X-10D-.36
Coal Processing Waste Banks: Refuse Piles -- to the extent that an
improper cite appears in this section.
vi. 880-X-10C-.45, 880-X-10D-.41
Disposal of Noncoal Mine Waste -- to the extent that an improper cite
appears in this section.
vii. 880-X-10C-.62, 880-X-10D-.56
Revegetation: Standards for Success -- to the extent that Alabama
allows alternative sampling techniques, and to the extent that Alabama
fails to apply stocking success standards to areas other than wildlife
habitats, and to the extent that Alabama uses a 3 season growing
standard to determine successful revegetation.
viii (Reserved)
ix. 880-X-10G-.05 Special Performance Standards: Operations on Prime
Farmlands -- to the extent that Alabama does not provide for certain
soil restoration requirements.
(k) The following amendment to the Alabama regulations submitted to
OSM on July 16, 1990 is approved effective February 28, 1991.
(1) Amendments to the following Alabama Surface Mining Commission
regulations:
880-X-2A-.07(1)(c) Applicability
880-X-2E-.01 Scope
880-X-2E-.02 Definitions
880-X-2E-.03 Information Collection
880-X-2E-.04 Application Requirements and Procedures
(2) Addition of the following Alabama Surface Mining Commission
regulations:
880-X-2E-.05 Contents of Application for Exemption
880-X-2E-.06 Public Availability of Information
880-X-2E-.07 Requirements for Exemption
880-X-2E-.08 Conditions of Exemption and Right of Inspection and
Entry
880-X-2E-.09 Stockpiling of Minerals
880-X-2E-.10 Revocation and Enforcement
880-X-2E-.11 Reporting Requirements
(l) The following amendment to the Alabama regulations submitted to
OSM on July 16, 1990, and revised on November 6, 1990, is approved as
set forth in paragraphs (l) (1), (2), and (3) effective July 3, 1991,
with the exceptions identified in paragraph (l)(4):
(1) The amendment consists of modifications to the following Alabama
Surface Mining Commission regulations:
880-X-2A-.06 Definitions.
880-X-2A-.07 Applicability (with the exception noted in paragraph
(l)(4) below).
880-X-8B-.03 General Requirements for Permits -- Operators.
880-X-8C-.01 Scope.
880-X-8C-.04 Exploration: General Requirements for Removal of Less
than 250 Tons and Disturbance of Less than One-Half Acre.
880-X-8C-.05 Exploration: General Requirements for Removal of More
than 250 Tons and Disturbance of more than One-Half or on Lands
Designated Unsuitable for Surface Mining Operations.
880-X-8C-.06 Applications: Approval or Disapproval of Exploration of
more than 250 Tons.
880-X-8C-.07 Applications: Notice and Hearing for Exploration of
more than 250 Tons.
880-X-8C-.10 Public Availability of Information.
880-X-8F-.11 Reclamation Plan: Ponds, Impoundments, Banks, Dams, and
Embankments.
880-X-8F-.17 Road Systems.
880-X-8I-.12 Reclamation Plan: Ponds, Impoundments, Banks, Dams, and
Embankments.
880-X-8I-.17 Road Systems.
880-X-8J-.08 Soils and Prime Farmlands.
880-X-9A-.04 Requirement to File a Bond.
880-X-9B-.04 Period of Liability.
880-X-9C-.03 Terms and Conditions of the Bond (except as noted in 30
CFR 901.16(l), below).
880-X-9C-.04 Terms and Conditions for Liability Insurance.
880-X-9D-.02 Procedures for Seeking Release of Performance Bond.
880-X-9E-.05 Determination of Forfeiture Amount (as interpreted in
the October 1, 1990, letter from the State of Alabama).
880-X-10B-.01 Scope.
880-X-10B-.02 Permitting Information.
880-X-10B-.06 Performance Standards for Coal Exploration.
880-X-10C-.17 Hydrologic Balance: Siltation Structures.
880-X-10C-.20 Impoundments.
880-X-10C-.62 Revegetation: Standards for Success.
880-X-10C-.67 Roads: General.
880-X-10C-.68 Primary Roads.
880-X-10D-.17 Hydrologic Balance: Siltation Structures. (except as
noted in 30 CFR 901.16(m), below).
880-X-10D-.20 Impoundments.
880-X-10D-.56 Revegetation: Standards for Success.
880-X-10D-.65 Roads: General.
880-X-10D-.66 Primary Roads.
880-X-10G-.05 Soil Replacement.
(2) The amendment added the following new Alabama Surface Mining
Commission regulations:
880-X-8C-.09 Commercial Use or Sale.
880-X-8F-.19 Support Facilities.
880-X-8I-.19 Support Facilities.
(3) The amendment repealed the following Alabama Surface Mining
Commission regulations:
880-X-8C-.02 Objectives.
880-X-8C-.03 Responsibilities.
880-X-10B-.07 Requirement for a Permit.
880-X-10C-.69 Roads: Drainage.
880-X-10C-.70 Roads: Surfacing.
880-X-10C-.71 Roads: Restoration.
880-X-10D-.67 Roads: Drainage.
880-X-10D-.68 Roads: Surfacing.
880-X-10D-.69 Roads: Restoration.
(4) The following Alabama Surface Mining Commission regulation is not
being approved: 880-X-11B-.02 (8) & (9), Inspections of Abandoned Sites
-- to the extent that Alabama authorizes an alternative inspection
frequency for abandoned sites. The definition of abandoned sites is not
approved to the extent that it relates to inspection frequencies at
abandoned sites.
(m) The following amendment submitted to OSM on August 1, 1991, is
approved effective May 11, 1992, with the exceptions noted.
(1) Revision of the following Alabama Surface Mining Commission
regulations:
880-X-2A-.06 -- Definitions.
880-X-6A-.06 -- License Application.
880-X-8D-.05 -- Identification of Interests (as interpreted in the
January 22, 1992, letter from the State of Alabama).
880-X-8D-.06 -- Compliance Information (as interpreted in the January
22, 1992, letter from Alabama).
880-X-8G-.05 -- Identification of Interests (as interpreted in the
January 22, 1992, letter from Alabama).
880-X-8G-.06 -- Compliance Information (as interpreted in the January
22, 1992, letter from Alabama).
880-X-8K-.10 -- Permit Application Review.
880-X-8K-.11 -- Permit Conditions.
880-X-8K-.17 -- Improvidently Issued Permits-General.
880-X-8K-.18 -- Improvidently Issued Permits-Rescission.
(2) Addition of the following Alabama Surface Mining Commission
regulations:
880-X-10C-.40 -- Coal Mine Waste.
880-X-10C-.45 -- Noncoal Mine Waste Disposal.
880-X-10C-.62 -- Revegetation (as interpreted in the January 22,
1992, letter from Alabama).
880-X-10D-.56 -- Revegetation (as interpreted in the January 22,
1992, letter from Alabama).
880-X-11C-.02 -- Cessation Orders.
(n) The following amendment submitted to OSM on November 22, 1989, is
approved effective May 11, 1992.
(1) Revision of the following Alabama Surface Mining Commission
regulations:
880-X-8I-.10 -- Subsidence Control Plan.
880-X-10D-.58 -- Subsidence Control: General Requirements
(o) The following amendment submitted to OSM on July 16, 1990, is
approved effective May 11, 1992.
(1) Revision of the following Alabama Surface Mining Commission
regulation:
880-X-2A-.07(3) -- Termination of Jurisdiction
3. In 901.16, paragraphs (a), (c), (d), (e), (f), (h), (i), (j)(2),
(j)(3), and (j)(4) are removed and reserved.
(48 FR 34027, July 27, 1983, as amended at 49 FR 7805, Mar. 2, 1984;
49 FR 27505, July 5, 1984; 49 FR 38099, Sept. 27, 1984; 50 FR 21255,
May 23, 1985; 50 FR 29380, July 19, 1985; 50 FR 49542, Dec. 3, 1985;
51 FR 29100, Aug. 14, 1986; 51 FR 31942, Sept. 8, 1986; 55 FR 27225,
July 2, 1990; 56 FR 4557, Feb. 5, 1991; 56 FR 8279, Feb. 28, 1991;
56 FR 23800, May 24, 1991; 56 FR 30506, July 3, 1991; 56 32511, July
17, 1991; 57 FR 20048, May 11, 1992)
30 CFR 901.16 Required regulatory program amendments.
Pursuant to 30 CFR 732.17, Alabama is required to submit for OSM's
approval the following proposed program amendments by the date
specified. By March 7, 1991, Alabama shall submit:
(a) -- (i) (Reserved)
(j) Amendments to ASMC rules at 880-X-10C-.62 and 880-X-10D-.56 to:
(1) -- (4) (Reserved)
(56 FR 4559, Feb. 5, 1991, as amended at 56 FR 30507, July 3, 1991;
56 FR 41794, Aug. 23, 1991; 57 FR 20048, May 11, 1992)
30 CFR 901.20 Approval of the Alabama abandoned mine land reclamation
plan.
The Alabama Abandoned Mine Land Reclamation Plan as submitted on May
8, 1981, is approved. Copies of the approved Plan are available at the
following locations:
Office of Surface Mining Reclamation and Enforcement, Region II, 503
Gay Street -- Suite 500, Knoxville, Tennessee 37902
Alabama Department of Industrial Relations, Montgomery, Alabama 36101
Office of Surface Mining Reclamation and Enforcement, Administrative
Record, Room 5315 1100 ''L'' Street, NW., Washington, DC 20240
(47 FR 22062, May 20, 1982)
30 CFR 901.25 Amendment to approved Alabama Abandoned Mine Land
Reclamation Plan.
(a) The Alabama amendment, consisting of minor adjustments in the
Alabama policies and procedures regarding land acquisition, management
and disposal of property, and reclamation on private land (liens,
appraisals and rights of entry), as submitted on June 15, 1987, and
modified on January 7, 1988, is approved effective August 8, 1988.
Copies of the approved amendment are available at the following
locations.
Office of Surface Mining Reclamation and Enforcement, Eastern Field
Operations, Ten Parkway Center, Pittsburgh, Pennsylvania 15220.
Alabama Department of Industrial Relations, 649 Monroe Street,
Montgomery, Alabama 36130.
Office of Surface Mining Reclamation and Enforcement, Birmingham
Field Office, 228 West Valley Avenue, Room 302, Birmingham, Alabama
34209.
Office of Surface Mining Reclamation and Enforcement, Administrative
Records Office, Room 5315, 110 L Street NW., Washington, DC 20240.
(b) The Alabama amendment allowing the State to assume responsibility
for an emergency response reclamation program, as submitted on April 25,
1990, and modified on August 2, 1990, is approved effective August 31,
1990. Copies of the approved amendment are available at the following
locations.
Office of Surface Mining Reclamation and Enforcement, Birmingham
Field Office, 280 West Valley Avenue, Birmingham, Alabama 35209.
Alabama Department of Industrial Relations, 649 Monroe Street,
Montgomery, Alabama 36130.
Office of Surface Mining Reclamation and Enforcement, Eastern Field
Operations, Ten Parkway Center, Pittsburgh, Pennsylvania 15220.
(53 FR 25487, July 7, 1988; 53 FR 32049, Aug. 23, 1988; 55 FR
35621, Aug. 31, 1990)
30 CFR 901.30 State-Federal cooperative agreement.
The Governor of the State of Alabama and the Secretary of the
Department of the Interior (Secretary) enter into a Cooperative
Agreement (Agreement) to read as follows:
Agencies
A. Authority: This agreement is authorized by sectoin 523(c) of the
Surface Mining Control and Reclamation Act of 1977 (the Act), 30 U.S.C.
1273(c), which allows a State with a permanent regulatory program
approved by the Secretary under 30 U.S.C. 1253, to elect to enter into
an Agreement for State regulation of surface coal mining and reclamation
operations on Federal lands. This Agreement provides for State
regulation of surface coal mining and reclamation operations in Alabama
subject to the Federal lands program (30 CFR parts 740-746), consistent
with State and Federal Acts governing such activities, and the Alabama
State Program (Program).
B. Purpose: The purposes of this Agreement are to (a) foster
Federal-State cooperation in the regulation of surface coal mining and
reclamation operations; (b) minimize intergovernmental overlap and
duplication; and (c) provide uniform and effective application of the
Program on all lands in Alabama in accordance with the Act, the Program,
and this Agreement.
C. Responsible Administrative Agencies: The Alabama Surface Mining
Commission (ASMC) shall be responsible for administering this Agreement
on behalf of the Governor. The Office of Surface Mining (OSM) shall
administer this Agreement on behalf of the Secretary.
After it has been signed by the Secretary and the Governor, this
Agreement shall be effective 30 days after publication in the Federal
Register as a final rule. This Agreement shall remain in effect until
terminated as provided in Article XI.
The terms and phrases used in this Agreement which are defined in the
Act, 30 CFR 700, 701, and 740, the approved State Program and the State
Act, and in the rules and regulations promulgated pursuant to those
Acts, shall be given the meanings set forth in said definitions. Where
there is a conflict between the above referenced State and Federal
definitions, the definitions used in the approved State Program will
apply, except in the case of a term which defines the Secretary's
continuing responsibilities under the Act and other laws.
In accordance with the Federal lands program in 30 CFR part 745, the
laws, regulations, terms and conditions of the Program are applicable to
lands in Alabama subject to the Federal lands program except as
otherwise stated in this Agreement, the Act, 30 CFR 745.13, or other
applicable laws or regulations.
The Governor and the Secretary affirm that they will comply with all
the provisions of this Agreement.
A. Authority of State Agency: ASMC has and shall continue to have
the authority under State law to carry out this Agreement.
B. Funds: Upon application by ASMC and subject to appropriations,
OSM shall provide the State with the funds to defray the costs
associated with carrying out responsibilities under this Agreement as
provided in section 705(c) of the Act and 30 CFR 735.16. Such funds
shall cover the full cost of carrying out these responsibilities
provided that such cost does not exceed the estimated cost the Federal
government would have expended in regulating surface coal mining
operations on Federal lands in Alabama in the absence of an agreement.
If the State requests funds and sufficient funds have not been
appropriated to OSM, OSM and the ASMC shall promptly meet to decide on
appropriate measures that will insure that mining operations are
regulated in accordance with the Program. If agreement cannot be
reached, then either party may terminate the Agreement in accordance
with 30 CFR 745.15. Funds provided to the State under this Agreement
shall be adjusted in accordance with Office of Management and Budget
Circular A-102, Attachment E.
C. Reports and Records: ASMC shall make annual reports to OSM
containing information with respect to compliance with the terms of this
Agreement, pursuant to 30 CFR 745.12(d). Upon request, ASMC and OSM
shall exchange information developed under this Agreement, except where
prohibited by Federal law.
OSM shall provide ASMC with a copy of any final evaluation report
prepared concerning State administration and enforcement of this
Agreement.
D. Personnel: ASMC shall have the necessary personnel to fully
implement this agreement in accordance with the provisions of the Act
and the approved State Program.
E. Equipment and Laboratories: ASMC will assure itself access to
equipment, laboratories, and facilities with which all inspections,
investigations, studies, tests, and analyses can be performed which are
necessary to carry out the requirements of the Agreement.
F. Permit Application Fees and Civil Penalties: The amount of the
fee accompanying an application for a permit shall be determined in
accordance with Section 15 of the Alabama Surface Mining Control and
Reclamation Act of 1981, Section 880-X-8B-.07 of the State regulations,
and the applicable provisions of the State Program and Federal law. All
permit fees and civil penalties collected from operations on Federal
lands will be retained by the State and shall be deposited with the
State Treasurer in the Alabama Surface Mining Fund. The financial
status report submitted pursuant to 30 CFR 735.26 shall include the
amount of fees collected during the prior State fiscal year.
A. Submission of Permit Application Package: ASMC and the Secretary
shall require an operator proposing to conduct surface coal mining
operations on Federal lands covered by this Agreement to submit a permit
application package (PAP) in an appropriate number of copies to ASMC.
ASMC shall furnish OSM with an appropriate number of copies of the PAP.
The PAP shall be in the form required by ASMC and include any
supplemental information required by OSM or the Federal land management
agency. At a minimum, the PAP shall include the information necessary
for ASMC to make a determination of compliance with the State Program
and for the appropriate Federal agency to make a determination of
compliance with applicable requirements of Federal laws and regulations
for which it is responsible.
B. Review Procedures Where Leased Federally-Owned Coal Is Not
Involved:
1. ASMC shall assume primary responsibility for the analysis, review
and approval or disapproval of the permit application component of the
PAP required by 30 CFR 740.13 for surface coal mining and reclamation
operations under the Federal lands program in Alabama not requiring a
mining plan under 30 CFR 746.11. ASMC shall be the primary point of
contact for operators regarding decisions on the PAP and will be
responsible for informing the applicant of determinations.
2. Upon receipt of a PAP that involves surface coal mining and
reclamation operations on Federal lands not containing leased Federal
coal, ASMC shall (1) transmit a copy of the complete PAP to the Federal
land management agency with a request for review pursuant to 30 CFR
740.13(c)(4), and (2) provide OSM with a complete copy of the PAP and
any additional information necessary to allow OSM to determine whether
the operations are prohibited or limited by the requirements of section
522(e) (1) or (2) of the Federal Act (30 U.S.C. 1272(e)) and 30 CFR part
761 with respect to areas designated therein by Congress as unsuitable
for mining. Except as specified by paragraph 5 of this article, ASMC
shall be responsible for obtaining, in a timely manner, the views and
determinations of any other Federal agencies with jurisdiction or
responsibility over Federal lands affected by a PAP in Alabama.
3. OSM will provide technical assistance to ASMC when requested if
available resources allow and will process requests for determinations
of compatibility and valid existing rights under 30 CFR part 761
relating to areas designated by Congress under section 522(e)(1) or (2)
as unsuitable for mining. OSM will be responsible for ensuring that any
information OSM receives from an applicant is promptly sent to ASMC.
OSM shall have access to ASMC files concerning mines on Federal lands.
The Secretary reserves the right to act independently of ASMC to carry
out his responsibilities under laws other than the Federal Act. A copy
of all resulting correspondence with the applicant that may have a
bearing on decisions regarding the PAP shall be sent to the State.
4. ASMC shall review the PAP for compliance with the Program.
5. Prior to making a decision on a PAP for proposed surface coal
mining and reclamation operations for which there is no other concurrent
Secretarial action that would trigger compliance with Section 7 of the
Endangered Species Act, 16 U.S.C. 1536, ASMC shall obtain the written
concurrence of OSM regarding the effect the proposed operations would
have on threatened and endangered species and critical habitat in the
area affected by the proposed operations, and shall include in any
permit that is issued for such operations any terms or conditions which
OSM may require to avoid the likelihood of actions which would
jeopardize the continued existence of any such species or result in the
destruction or adverse modification of its critical habitat.
6. The permit issued by ASMC shall incorporate any terms or
conditions imposed by the Federal land management agency, including
conditions relating to post-mining land use, and shall condition the
initiation of surface coal mining and reclamation operations on
compliance with the requirements of the Federal land management agency.
After issuing the decision on the PAP, ASMC shall send a notice to the
applicant, the Federal land management agency, and OSM with a copy of
the permit and written findings.
C. Review Procedures Where Leased Federally-Owned Coal is Involved:
1. ASMC shall assume primary responsibility for the analysis, review
and approval or disapproval of the permit application component of the
PAP for surface coal mining and reclamation operations on Federal lands
in Alabama where a mining plan is required by 30 CFR 746.11. OSM, as
requested, shall assist the State in this analysis and review. The
Department of the Interior (Department) shall concurrently carry out its
responsibilities under the Mineral Leasing Act (MLA), the National
Environmental Policy Act (NEPA), and other applicable Federal laws that
cannot be delegated to the State. The Department shall carry out these
responsibilities in accordance with the Federal lands program and this
Agreement in a timely manner so as to avoid, to the extent possible,
duplication of the responsibilities of the State as set forth in this
Agreement and the Program. Responsibilities and decisions which can be
delegated to the State under other applicable Federal laws may be
specified in working agreements between OSM and the State without
amendment to this Agreement. The Secretary will consider the
information in the PAP and, where appropriate, make decisions required
by the Federal Act, MLA, NEPA, and other Federal laws.
2. ASMC will be the primary point of contact for operators regarding
the review of the PAP, except on matters concerned exclusively with 43
CFR parts 3480-3487, administered by the Bureau of Land Management
(BLM). ASMC will be responsible for informing the applicant of all
joint State-Federal determinations. The Secretary may act independently
of the State to carry out responsibilities under laws other than the
Federal Act or provisions of the Act not covered by the Program, and in
instances of disagreement over the Act and the Federal lands program.
ASMC shall send to OSM, copies of any correspondence with the applicant
and any information received from the applicant regarding the mining
plan including the operation and reclamation plan portion of the permit
application. OSM shall send to ASMC copies of all independent
correspondence with the applicant which may have a bearing on the PAP.
As a matter of practice, OSM will not independently initiate contacts
with applicants regarding completeness or deficiencies of the PAP with
respect to matters covered by the Program.
3. ASMC shall assume the responsibilities listed in 30 CFR 740.4(c)
(1), (2), (4), (5), and (6). OSM shall retain the responsibilities
listed in 30 CFR 740.4(c)(3) and the exceptions specified in (c)(7) (i)
through (vii). OSM shall assist the State in carrying out its
responsibilities by:
(a) Distributing copies of the PAP to, and coordinating the review of
the PAP among, all Federal agencies which have responsibilities relating
to decisions on the PAP. This shall be done in a manner which ensures
timely identification, communication and resolution of issues relating
to those Federal agencies' statutory requirements. OSM shall request
that such other Federal agencies furnish their findings and any requests
for additonal data to OSM within 45 calendar days of their receipt of
the PAP.
(b) Providing ASMC with the analyses and conclusions of other Federal
agencies.
(c) Addressing conflicts and difficulties of the other Federal
agencies in a timely manner.
(d) Assisting in scheduling joint meetings as necessary between State
and Federal agencies.
(e) Where OSM is assisting ASMC in reviewing the permit application,
furnish the State with the work product within 45 calendar days of
receipt of the State's request for such assistance, or earlier if
mutually agreed upon by OSM and the State.
(f) Exercising its responsibilities in a timely manner as set forth
in a mutually agreed upon schedule, governed to the extent possible by
the deadlines established in the Program.
(g) Assuming all responsibility for ensuring compliance with any
Federal lessee protection bond requirement.
4. Review of the PAP:
(a) OSM and ASMC shall coordinate with each other during the review
process as needed. ASMC shall keep OSM informed of findings during the
review process which bear on the responsibilities of other Federal
agencies. OSM shall ensure that any information OSM receives which has
a bearing on decisions regarding the PAP is promptly sent to ASMC.
(b) The State shall review the PAP for compliance with the Program.
(c) OSM shall review the PAP for compliance with the Act and the
requirements of other Federal laws and regulations. OSM and ASMC shall
develop a work plan and schedule for PAP review and each shall identify
a person as the project leader. The OSM project leader shall serve as
the primary point of contact between OSM and ASMC throughout the review
process. Not later than 50 days after receipt of the PAP, OSM shall
furnish ASMC with its preliminary findings on the PAP and specify any
requirements for additional data. To the extent practicable, the State
shall provide OSM all available information that may aid OSM in
preparing any findings.
(d) ASMC shall provide to OSM written findings indicating whether the
PAP is in compliance with the Program, and a technical analysis of the
PAP.
(e) ASMC may proceed to issue a permit in accordance with the Program
prior to the necessary Secretarial decision on the mining plan, provided
that ASMC advises the operator in the permit that Secretarial approval
of a mining plan must be obtained before the operator may conduct
surface coal mining operations on Federal lands. ASMC shall reserve the
right to amend or rescind any requirements of the approved permit to
conform with any terms or conditions imposed by the Secretary in his
approval of the mining plan.
5. Prior to acting on a permit revision or renewal, ASMC shall
consult with OSM on whether such revision or renewal constitutes a
mining plan modification under 30 CFR 746.18. OSM shall inform the State
within 30 days of receiving notice of a proposed revision or renewal,
whether any permit revision or renewal constitutes a mining plan
modification. Permit revisions which do not constitute mining plan
modifications shall be approved solely by the State.
OSM may establish criteria consistent with 30 CFR 746.18 to determine
which permit revisions and renewals clearly do not constitute mining
plan modifications. If such criteria are promulgated, revisions or
renewals which do not constitute mining plan modifications in accordance
with the criteria may be approved by ASMC before it submits copies of
the revision or renewal to OSM.
A. ASMC shall conduct inspections on Federal lands and prepare and
file inspection reports in accordance with the Program.
B. ASMC shall, subsequent to conducting any inspection, and on a
timely basis, file with OSM a legible copy of the completed State
inspection report.
C. ASMC shall be the point of contact and primary inspection
authority in dealing with the operator concerning operations and
compliance with the requirements covered by the Agreement, except as
described hereinafter. Nothing in this Agreement shall prevent
inspections by authorized Federal or State agencies for purposes other
than those covered by this Agreement. The Department may conduct any
inspections necessary to comply with 30 CFR parts 842 and 843 and its
obligations under laws other than the Act.
D. OSM shall ordinarily give the ASMC reasonable notice of its intent
to conduct an inspection under 30 CFR 842.11 in order to provide State
inspectors with an opportunity to join in the inspection. When OSM is
responding to a citizen complaint of an imminent danger to the public
health and safety, or of significant, imminent environmental harm to
land, air or water resources, pursuant to 30 CFR 842.11(b)(1)(ii)(C), it
will contact ASMC no less than 24 hours prior to the Federal inspection,
if practicable, to facilitate a joint Federal/State inspection. All
citizen complaints which do not involve an imminent danger or
significant imminent environmental harm shall be referred to ASMC for
action. The Secretary reserves the right to conduct inspections without
prior notice to ASMC to carry out his responsibilities under the Federal
Act.
A. ASMC shall have primary enforcement authority under the Act
concerning compliance with the requirements of this Agreement and the
Program. Enforcement authority given to the Secretary under other laws
and orders, including but not limited to those listed in Appendix A, is
reserved to the Secretary.
B. During any joint inspection by OSM and ASMC, ASMC shall have
primary responsibility for enforcement procedures, including issuance of
orders of cessation, notices of violation, and assessment of penalties.
The ASMC shall inform OSM prior to issuance of any decision to suspend
or revoke a permit.
C. During any inspection made solely by OSM or any joint inspection
where the ASMC and OSM fail to agree regarding the propriety of any
particular enforcement action, OSM may take any enforcement action
necessary to comply with 30 CFR parts 843 and 845. Such enforcement
actions shall be based on the standards in the approved Program, the
Act, or both, and shall be taken using the procedures and penalty system
contained in 30 CFR parts 843 and 845.
D. The ASMC and the Department shall promptly notify each other of
all violations of applicable laws, regulations, orders, or approved
mining permits subject to this Agreement, and of all actions taken with
respect to such violations.
E. Personnel of the State and representatives of the Department shall
be mutually available to serve as witnesses in enforcement actions taken
by either party.
F. This Agreement does not limit the Department's authority to
enforce violations of Federal law which establish standards and
requirements which are authorized by laws other than the Act.
A. ASMC and the Secretary shall require each operator covered by the
Federal lands program to submit a single performance bond payable to
Alabama and the United States to cover the operator's responsibilities
under the Federal Act and the Program. Such performance bond shall be
conditioned upon compliance with all requirements of the Federal Act,
the Program and any other requirements imposed by the Department or the
Federal land management agency. Such bond shall provide that if this
Agreement is terminated, the bond shall be payable only to the United
States to the extent that lands covered by the Federal lands program are
involved.
B. Prior to releasing the operator from any obligation under such
bond, the ASMC shall obtain the concurrence of OSM. The ASMC shall also
advise OSM of annual adjustment to the performance bond, pursuant to the
Program. Departmental concurrence shall include coordination with other
Federal agencies having authority over the lands involved.
Such bond shall be subject to forfeiture with the consent of OSM, in
accordance with the procedures and requirements of the Program.
C. Submission of a performance bond does not satisfy the requirements
for a Federal lease bond required by 30 CFR Subpart 3474 or lessee
protection bond required in addition to a performance bond, in certain
circumstances, by Section 715 of the Act.
Certain Types of Surface Coal Mining Operations
A. When either ASMC or OSM receives a petition to designate lands
areas unsuitable for all or certain types of surface coal mining
operations that could impact adjacent Federal and non-Federal lands, the
agency receiving the petition shall (1) notify the other of receipt and
the anticipated schedule for reaching a decision; and (2) request and
fully consider data, information and views of the other.
B. Authority to designate State and private lands as unsuitable for
mining is reserved to the State. Authority to designate Federal lands
as unsuitable for mining is reserved to the Secretary.
This Agreement may be terminated by the Governor or the Secretary
under the provisions of 30 CFR 745.15.
If this Agreement has been terminated in whole or in part it may be
reinstated under the provisions of 30 CFR 745.16.
This Agreement may be amended by mutual agreement of the Governor and
the Secretary in accordance with 30 CFR 745.14.
A. The Department or the State may from time to time promulgate new
or revised performance or reclamation requirements or enforcement and
administration procedures. Each party shall, if it determines it to be
necessary to keep this Agreement in force, change or revise its
regulations and request necessary legislative action. Such changes
shall be made under the procedures of 30 CFR part 732 for changes to the
State Program and under the procedures of Section 501 of the Act for
changes to the Federal lands program.
B. ASMC and the Department shall provide each other with copies of
any changes to their respective laws, rules, regulations and standards
pertaining to the enforcement and administration of this Agreement.
Each party to this Agreement shall notify the other, when necessary,
of any changes in personnel, organization and funding or other changes
that will affect the implementation of this Agreement to ensure
coordination of responsibilities and facilitate cooperation.
In accordance with 30 CFR 745.13, this Agreement shall not be
construed as waiving or preventing the assertion of any rights that have
not been expressly addressed in this Agreement that the State or
Secretary may have under other laws or regulations, including but not
limited to those listed in Appendix A.
Dated: July 16, 1985.
Signed:
George C. Wallace,
Governor of Alabama.
Dated: June 28, 1985.
Signed:
Ann McLaughlin,
Under Secretary of the Interior.
30 CFR 901.30 Appendix A
1. The Federal Land Policy and Management Act, 43 U.S.C. 1701 et
seq., and implementing regulations.
2. The Mineral Leasing Act of 1920, 30 U.S.C. 181 et seq., and
implementing regulations including 43 CFR parts 3480-3487.
3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321 et
seq., and implementing regulations, including 40 CFR part 1500.
4. The Endangered Species Act, 16 U.S.C. 1531 et seq., and
implementing regulations, including 50 CFR part 402.
5. The National Historic Preservation Act of 1966, 16 U.S.C. 470 et
seq., and implementing regulations, including 36 CFR part 800.
6. The Clean Air Act, 42 U.S.C. 7401 et seq., and implementing
regulations.
7. The Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq.,
and implementing regulations.
8. The Resource Conservation and Recovery Act of 1976, 42 U.S.C.
6901 et seq., and implementing regulations.
9. The Reservoir Salvage Act of 1960, amended by the Preservation of
Historical and Archaeological Data Act of 1974, 16 U.S.C. 469 et seq.
10. Executive Order 1593 (May 13, 1971), Cultural Resource
Inventories on Federal Lands.
11. Executive Order 11988 (May 24, 1977), for flood plain protection.
Executive Order 11990 (May 24, 1977), for wetlands protection.
12. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351 et
seq., and implementing regulations.
13. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291 et seq.
14. The Constitution of the United States.
15. The Constitution of the State and State Law.
(50 FR 30921, July 30, 1985)
30 CFR 901.30 PART 902 -- ALASKA
Sec.
902.1 Scope.
902.10 State regulatory program approval.
902.15 Approval of regulatory program amendments.
902.20 Approval of Alaska Abandoned Mine and Reclamation Plan.
Authority: 30 U.S.C. 1201 et seq.
30 CFR 902.1 Scope.
This part contains all rules applicable only within Alaska that have
been adopted under the Surface Mining Control and Reclamation Act of
1977.
(48 FR 12889, Mar. 23, 1983)
30 CFR 902.10 State regulatory program approval.
The Alaska State program, as submitted on July 23, 1982, as amended
and clarified on December 13, 1982, and January 11, 1983, is approved,
effective on May 2, 1983. Beginning on that date, the Alaska Department
of Natural Resources shall be deemed the regulatory authority in Alaska
for all surface coal mining and reclamation operations and all
exploration operations on non-Federal and non-Indian lands. Only
surface coal mining and reclamation operations on non-Federal and
non-Indian lands shall be subject to the provisions of the Alaska
permanent regulatory program. Copies of the approved program are
available at the following addresses:
Office of Surface Mining, Administrative Record Office, Room 5315,
1100 L Street, NW, Washington, DC 20240
Wyoming Field Office, Office of Surface Mining, 935 Pendell
Boulevard, Freeden Building, Mills, Wyoming 82644
Division of Minerals and Energy Management, Department of Natural
Resources, State of Alaska, 555 Cordora Street, Room 22, Anchorage,
Alaska 99501
(48 FR 12889, Mar. 23, 1983)
30 CFR 902.15 Approval of regulatory program amendments.
(a) The following revisions to Title 11, Chapter 90 of the Alaska
Administrative Code (AAC), as submitted to OSMRE by the Alaska
Department of Natural Resources on November 12, 1983, are approved
effective December 23, 1983:
(1) Designation of 11 AAC 90.001 as Article 1, and redesignation of
the remaining contents of former Article 1 (11 AAC 90.002 through
90.011) as Article 2;
(2) Redesignation of previous Articles 2 through 13 as Articles 3
through 14, respectively; and
(3) Redesignation of previous Article 14 as Article 16.
(b)(1) Amendments to the following provisions of Title 11, Chapter 90
of the Alaska Administrative Code (AAC), as submitted by the Alaska
Department of Natural Resources to OSMRE on February 24, 1987, are
approved effective February 22, 1988:
(i) Revisions to 11 AAC 90.065(b) and 90.077(d) to allow registered
professional land surveyors to certify certain permit application
materials;
(ii) Revisions to the performance standards for sedimentation ponds
at 11 AAC 90.331(a)(3);
(iii) Correction of an erroneous cross-reference in the subsidence
control requirements of 11 AAC 90.461(f);
(iv) Revisions to the inspection and enforcement requirements of 11
AAC 90.601 (d), (e) and (f) and addition of the inspection frequency
requirements of 11 AAC 90.601(g);
(v) Revisions to the civil penalty assessment provisions of 11 AAC
90.625 and 90.627 (a) and (b);
(vi) Revisions to the conflict of interest provisions of 11 AAC
90.751(a);
(vii) Redesignation of previous Articles 15 and 16 as Articles 16 and
17, respectively;
(viii) Addition of a new Article 15 containing regulations concerning
the training, examination and certification of blasters; and
(ix) Revisions to 11 AAC 90.907 (d) and (g) to clarify their meaning
and remove internally inconsistent language.
(2) The Alaska blaster training, examination and certification
program as developed, modified and reviewed by OSMRE pursuant to the
materials submitted to OSMRE by the Alaska Department of Natural
Resources on May 28, 1985, November 16, 1986, and February 24, 1987, is
approved effective February 22, 1988.
(53 FR 5164, Feb. 22, 1988)
30 CFR 902.20 Approval of Alaska Abandoned Mine and Reclamation Plan.
The Alaska Reclamation Plan, as submitted on August 17, 1983, is
approved. Copies of the approved program are available at:
State of Alaska, Department of Natural Resources, Division of
Minerals and Energy Management, 55 Cordova Street, Anchorage, Alaska
99510
Office of Surface Mining Reclamation and Enforcement, Casper Field
Office, P.O. Box 1420, 935 Pendell Blvd., Mills, Wyoming 82644
Office of Surface Mining Reclamation and Enforcement, Administrative
Record -- Room 5315, 1100 ''L'' Street, NW., Washington, DC 20240.
(48 FR 56753, Dec. 23, 1983)
30 CFR 902.20 PART 904 -- ARKANSAS
Sec.
904.1 Scope.
904.10 State regulatory program approval.
904.12 State program provisions and amendments disapproved.
904.15 Approval of amendments to State regulatory program.
904.20 Approval of Arkansas abandoned mine land reclamation plan.
Authority: 30 U.S.C. 1201 et seq.
30 CFR 904.1 Scope.
This part contains all rules applicable only within Arkansas which
have been adopted under the Surface Mining Control and Reclamation Act
of 1977.
(45 FR 77015, Nov. 21, 1980)
30 CFR 904.10 State regulatory program approval.
(a) The Arkansas permanent program submitted February 18, 1980, as
amended May 29, 1980, July 2, 1980 (with clarifications submitted July
29, August 8, August 14 and August 29, 1980), and as further amended
September 2, 1980, January 19, 1981, and March 12, 1981, is approved
effective upon publication of this notice. Copies of the approved
program, as amended, are available at:
(1) Arkansas Department of Pollution Control and Ecology, Mining
Reclamation Division, 8001 National Drive, Little Rock, Arkansas 72209,
telephone (501) 562-7444.
(2) Office of Surface Mining Reclamation and Enforcement, Tulsa Field
Office, 5100 E. Skelly Drive, Suite 550, Tulsa, Oklahoma 74135,
telephone (918) 581-6430.
(3) Office of Surface Mining Reclamation and Enforcement, 1100 L
Street NW., Room 5131, Washington, DC 20240, telephone (202) 343-5447.
(b) Arkansas Regulations that must be disapproved: In accordance
with the May 16 and August 15, 1980 decisions of the U.S. District Court
for the District of Columbia In Re: Permanent Surface Mining Regulation
Litigation, Civil Action No. 79-1144, the Secretary hereby
affirmatively disapproves the following Arkansas regulations to the
extent indicated:
(1) (Reserved)
(2) Section 701.11(c) (i) and (ii), relating to exemptions for
existing structures to the extent that the exemptions are not mandatory
after the appropriate findings are made.
(3) Section 761.5. The definition of ''public road.''
(4) Section 761.5(a)(2)(i). The definition of ''valid existing
rights'' to the extent it does not allow recognition of such rights an
operator may claim by having made a good faith effort to obtain all
permits before August 31, 1977.
(5) -- (7) (Reserved)
(8) Section 779.21 to the extent it requires a soil survey for lands
other than those which a reconnaissance inspection suggests may be prime
farmland.
(9) Section 783.14(a)(1) insofar as it requires a geologic
description of the strata down to and immediately below any coal seam
for areas to be affected only by ''surface operations and facilities''
and where no removal of overburden down to the level of the coal seam
will occur.
(10) Section 779.25 (c), (h) and (i) to the extent applicable to
underground mining permit applications concerning coal seam and
overburden description, location of existing and previously mined areas,
and location of waste disposal and impoundments.
(11) Section 785.17(a) concerning the prime farmland grandfather
clause, pending OSM's promulgation of new requirements.
(12) Sections 785.17(b)(3) and 823.14(c) concerning excessive soil
compaction, pending OSM's promulgation of a standard for soil
compaction.
(13) Section 785.17(b)(8) to the extent that it requires prime
farmland reclamation target yields to be based on estimated yields under
a high level of management rather than a level of management equivalent
to that used on prime farmlands in the surrounding area.
(14) Section 786.5(b) to the extent that ''or has not been'' is part
of the definition of ''irreparable damage to the environment.''
(15) Section 805.13(d) to the extent that the regulatory authority
could grant an exception from the revegetation requirements of Part 816.
(16) Sections 806.12(e)(6)(iii) and 806.12(g)(7)(iii) to the extent
they require cessation of operations upon the insolvency of a surety.
(17) Section 808.12(c) to the extent that it limits bond liability to
protection of the hydrologic balance.
(18) Section 808.14(b) to the extent it allows the regulatory
authority to forfeit and keep the entire amount of a bond where the
entire amount is not needed to complete the reclamation.
(19) -- (24) (Reserved)
(25) Section 816.65(f) requiring special approval prior to blasting
within 1,000 feet of certain buildings and 500 feet of other facilities
to the extent it restricts blasting at distances greater than 300 feet.
(26) (Reserved)
(27) Section 816.95 concerning air resources protection to the extent
it applies to air pollution not caused by erosion.
(28) Section 816.103(a)(1) to the extent it does not provide
operators the option of treating acid-forming and toxic-forming material
in lieu of covering such materials.
(29) Section 816.115 to the extent it requires an operator who
proposes range or pasture as the post-mining land use to actually use
the land for grazing for the last two years of bond liability.
(30) Section 823.11(c) to the extent it requires an operator on prime
farmland to actually return the land to crop production.
(31) -- (32) (Reserved)
(33) Sections 816.133 (c)(4) and (c)(9) to the extent they require an
operator to provide ''letters of commitment'' for proposed land use
changes or for proposed cropland use.
(34) Section 701.5. The definition of ''roads'' and its use in
816.150 -- 816.176.
(35) (Reserved)
(36) (Reserved)
(37) Section 816.54, to the extent it applies to underground mining.
(38) Sections 816.101(b)(1) and 816.102, as they apply to underground
mining, to the extent that there is no provision for some flexibility
from AOC requirements for settled, stablized, and revegetated fills at
underground mines.
(39) Part 823 concerning underground mining operations on prime
farmland to the extent it does not have an exemption for surface
facilities actively used over extended periods, but which affect minimal
amounts of land.
(45 FR 77015, Nov. 21, 1980, as amended at 47 FR 3109, Jan. 22, 1982;
53 FR 9884, Mar. 23, 1988; 55 FR 48837, Nov. 23, 1990; 56 FR 32964,
July 18, 1991)
30 CFR 904.12 State program provisions and amendments disapproved.
The following amendments to the Arkansas Surface Coal Mining and
Reclamation Code as submitted to OSMRE on May 1, 1987, are hereby
disapproved:
(a) ASCMRC part 722, all revisions and additions which address
surface coal mining and reclamation operations previously exempted under
the 2-acre exemption rule of section 528 of SMCRA.
(b) (Reserved)
(53 FR 9884, Mar. 28, 1988, as amended at 54 FR 47355, Nov. 14, 1989)
30 CFR 904.15 Approval of amendments to State regulatory program
(a) The following is approved effective on March 16, 1984: Revised
Arkansas Surface Coal Mining Code at sections 771.25(a)(2), 776(c), and
842(c) (1), (2), (4), and (5)(i)(ii) submitted to OSM by a letter dated
December 7, 1983.
(b) The following amendment submitted to OSM on May 21, 1985, is
approved effective August 15, 1985: Modifications to the Arkansas
regulations at section 843.12, 845.18, 845.19 and 845.20. This approval
is contingent upon the State's promulgation of the proposed regulations
in the identical form submitted for OSM's review and approval.
(c) The following amendments submitted to OSM on December 17, 1984,
and revised on May 10, 1985 are approved effective December 2, 1985
provided that they are adopted in the form submitted and reviewed by
OSM: Revisions to Arkansas regulations governing the use of explosives,
as contained in 816.61-S, 816.61-U, 816.62, 816.64, 816.64-U, 816.65,
816.67, and 816.68; and regulations for programs for blaster training,
examination, and certification as proposed at 850.1, 850.5, 850.12,
850.13, 850.14 and 850.15.
(d) The following amendments to the Arkansas Surface Mining and
Reclamation Code, as submitted to OSMRE on May 1, 1987, are approved
effective March 28, 1988. Revisions to Arkansas regulations at
sections:
701.5
761.12(b)(2)
761.12(e) (1) and (2)
761.12(e)(3) (i) and (ii)
761.15
762.5
764.13
764.15(a)(1)
771.23(c)(4)
776.12
776.12(a)(3)(vi)
776.14(a)
778.14(c)
779.14(a)
779.14(b)(1)
779.17
780.18(b)(4)
780.21
784.20 (a) (1) and (2)
784.20 (b)(1)
784.20 (e)
785.13(e)
785.13(e)(5)
785.13 (i), (j), and (k)
785.17(b)(1)(ii)
786.1(d)
786.11(a)
786.15(a)(4)
786.16(a)
786.17(a)(1)
786.19(d)(8)
786.29(c)
788.18(d)
795.13
795.14(d)(4)
795.19(a)(5)
800.11(h)
800.13(g)
805.13(b)
805.14(a)
806.11(b)
806.11(d)(2)(v)
807.11(d)(2)(v)
808.14(c)
815.15(a)
816.41(d)
816.42(a)(7)
816.43
816.44(b)(3)
816.46
816.49
816.52(a)(4)
816.53
816.55(d)
816.57(a)(2)
816.71
816.72
816.73
816.74
816.79
816.81
816.83
816.84
816.87
816.89
816.97(b)
816.97(d)(10)
816.102(a)(2)
816.102 (b) and (f)
816.107
816.111
816.116
816.126-U (a), (e), and (f)
816.133(b)(1)
816.150
816.151
819.11(c)(1)
819.11(c)(2)
823.12(a)(1)
823.15
826.12(c)
827.11
842.16(a)
843.11(a) (2) and (3)
845.12(b)
845.13(b)(2)(i)
845.15(b)(1) (i) and (ii)
845.15(b)(2)
1000 (6), (10), (13), (16), (19), and (51).
This approval is contingent upon the State's promulgation of the
proposed regulations in the identical form submitted for OSMRE's review
and approval with the exception of typographical errors.
(e) The following amendments to the Arkansas Surface Mining and
Reclamation Code, as submitted to OSMRE on November 4, 1987, are
approved effective June 1, 1988.
Revisions to Arkansas regulations are at sections: 776.12(a)(3)(i),
779.12(b), 780.31, and 786.19(p). This approval is contingent upon the
State's promulgation of the proposed regulations in the identical form
submitted for OSMRE's review and approval with the exception of
typographical errors.
(f) The amendment to the following sections of the Arkansas Surface
Mining and Reclamation Code, as submitted to OSM on December 22, 1988
and revised on April 12 and 24, 1989, is approved effective November 14,
1989: 705.11(a); 705.13(a); 705.15; 780.16(b)(3)(i), and (b)(3)(ii),
and (c); 784.21; 816.97(b); 817.97; 846.1, .5, .12, .14, and .18;
and 1000(50). The revisions affect the program areas regarding
restriction on financial interests of employees, required fish and
wildlife resource information for surface and underground mining
applications, performance standards for protection of endangered and
threatened species, individual civil penalties, and revegetation success
standards for reclaimed prime farmlands.
(g) The amendment to the following sections of the Arkansas Surface
Mining and Reclamation Code, as submitted to OSM on December 18, 1989,
and revised on March 28, 1990, is approved effective November 23, 1990:
778.13(a), (a)(5), (a)(6), (a)(7), (b), (b)(1), (b)(2), (b)(3), (b)(4),
(b)(5), (c), (g) and (h); 778.14 (c) and (d); 786.5(c); 786.17 (c)
and (d); 786.19(i); 786.27(d); 786.30 (a), (b), and (c); 786.31,
(a), (b), and (c); and 843.11(g).
These sections pertain to the identification of interests and
compliance information for surface mining permit applications; the
definition of ''owned or controlled and owns and controls,'' review of
permit applications, and criteria of permit review or denial, all as
they relate to the review, public participation, and approval or
disapproval of permit application and permit terms and conditions;
general and right-of-entry conditions of permits; general procedures
and rescission procedures for improvidently issued permits; and
cessation orders. In addition, the policy memorandum submitted by
Arkansas on March 28, 1990, establishing violations review criteria, is
approved as part of the Arkansas permanent program.
(h) The revisions to the following sections of the Arkansas Surface
Mining and Reclamation Code (ASCMRC), as submitted to OSM by Arkansas on
September 20, 1990, and as revised by Arkansas on December 10, 1990, are
approved effective June 14, 1991: ASCMRC 700.10(d) and part 702,
concerning operations extracting coal incidental to the extraction of
other minerals.
(i) The revisions to the following sections of the Arkansas Surface
Mining and Reclamation Code (ASCMRC) as submitted to OSM on September
27, 1990, and revised on December 31, 1990, are approved effective July
18, 1991. ASCMRC 700.10(a), applicability of the Arkansas program to
coal exploration and surface coal mining and reclamation operations;
ASCMRC 701.5, the definition of ''road;'' ASCMRC 776.11(b) and 815.17
(a) and (b), coal exploration; ASCMRC 780.21(f), PHC determinations;
ASCMRC 780.37 (f), (g), and (h), 780.38, and 784.27, transportation and
support facilities; ASCMRC 800.11(b)(2), bonding; ASCMRC 815.15(c)
(2), (3), and (4), 816.150 (b)(1), (d)(1), and (f), and 816.152 (a) and
(c), roads; ASCMRC 816.49 (b)(7) and (c)(2), impoundments; ASCMRC
816.84 (b)(2) and (f), coal mine waste impounding structures; ASCMRC
816.116 (b)(3) and (c)(4) and 816.117, revegetation; and ASCMRC 1000(d)
(2), (8), (30), (31), (32), (33), (34), (35), (36), (44), and (47),
affirmative disapprovals.
(j) The revision to the following section of the Arkansas Surface
Mining and Reclamation Code (ASCMRC), as submitted to OSM by Arkansas on
October 11, 1991, is approved effective April 23, 1992, ASCMRC
816.116(c)(2), concerning which of the growing seasons of the 5-year
liability period may be used to measure revegetation success for grazing
land, pasture land, and cropland.
(49 FR 9898, Mar. 3, 1984, as amended at 50 FR 32848, Aug. 15, 1985;
50 FR 49376, Dec. 2, 1985; 53 FR 9884, Mar. 28, 1988; 53 FR 19905,
June 1, 1988; 53 FR 21450, June 8, 1988; 54 FR 47355, Nov. 14, 1989;
55 FR 48837, Nov. 23, 1990; 56 FR 27409, June 14, 1991; 56 FR 32964,
July 18, 1991; 57 FR 14797, Apr. 23, 1992)
30 CFR 904.20 Approval of Arkansas abandoned mine land reclamation
plan.
The Arkansas Reclamation Plan, as submitted on July 7, 1982, is
approved. Copies of the approved program are available at:
Office of Surface Mining Reclamation and Enforcement, 5100 E. Skelly
Drive, Suite 550, Tulsa, Oklahoma 74135
State of Arkansas Department of Pollution Control and Ecology,
Division of Surface Mining Reclamation, 8001 National Drive, Little
Rock, Arkansas 72209
Office of Surface Mining Reclamation and Enforcement, Administrative
Record, Room 5315, 1100 L Street NW., Washington, DC 20240.
(53 FR 9885, Mar. 28, 1988)
30 CFR 904.20 PART 905 -- CALIFORNIA
Sec.
905.700 California Federal Program.
905.701 General.
905.702 Exemption for coal extraction incidental to the extraction of
other minerals.
905.707 Exemption for coal extraction incident to government-financed
highway or other construction.
905.761 Areas designated unsuitable for surface coal mining by act of
Congress.
905.762 Criteria for designating areas as unsuitable for surface coal
mining operations.
905.764 Process for designating areas unsuitable for surface coal
mining operations.
905.772 Requirements for coal exploration.
905.773 Requirements for permits and permit processing.
905.774 Revision; renewal; and transfer, assignment, or sale of
permit rights.
905.775 Administrative and judicial review of decisions.
905.777 General content requirements for permit applications.
905.778 Permit applications -- Minimum requirements for legal,
financial, compliance, and related information.
905.779 Surface mining permit applications -- Minimum requirements
for information on environmental resources.
905.780 Surface mining permit applications -- Minimum requirements
for reclamation and operation plan.
905.783 Underground mining permit applications -- Minimum
requirements for information on environmental resources.
905.784 Underground mining permit applications -- Minimum
requirements for reclamation and operation plan.
905.785 Requirements for permits for special categories of mining.
905.795 Small operator assistance program.
905.800 Bond and insurance requirements for surface coal mining and
reclamation operations under regulatory programs.
905.815 Performance standards -- Coal exploration.
905.816 Performance standards -- Surface mining activities.
905.817 Performance standards -- Underground mining activities.
905.819 Special performance standards -- Auger mining.
905.822 Special performance standards -- Operations in alluvial
valley floors.
905.823 Special performance standards -- Operations on prime
farmland.
905.824 Special performance standards -- Mountaintop removal.
905.827 Special performance standards -- Coal preparation plants not
located within the permit area of a mine.
905.828 Special performance standards -- In situ processing.
905.842 Federal inspections.
905.843 Federal enforcement.
905.845 Civil penalties.
905.846 Individual civil penalties.
905.955 Certification of blasters.
Authority: 30 U.S.C. 1201 et seq., as amended.
Source: 53 FR 26575, July 13, 1988, unless otherwise noted.
30 CFR 905.700 California Federal Program.
(a) This part contains all rules that are applicable to surface coal
mining operations in California which have been adopted under the
Surface Mining Control and Reclamation Act of 1977.
(b) Certain of the rules in this part cross-reference pertinent parts
of the permanent program regulations in this Chapter. The full text of
a cross-referenced rule is in the permanent program rule cited under the
relevant section of the California Federal program.
(c) This part applies to all coal exploration and surface coal mining
and reclamation operations in California conducted on non-Federal and
non-Indian lands. To the extent required by 30 CFR part 740, this part
also applies to operations on Federal lands in California.
(d) The information collection requirements contained in this part
have already been approved by the Office of Management and Budget under
44 U.S.C. 3507 in its approval of the information collection
requirements contained in the permanent regulatory program.
(e) The following provisions of California law generally provide for
more stringent land use and environmental control and regulation of some
aspects of surface coal mining operations than do the provisions of the
Surface Mining Control and Reclamation Act of 1977, and the regulations
in this chapter. Therefore, pursuant to section 505(b) of SMCRA, these
provisions shall not generally be considered to be inconsistent with
SMCRA unless, in a particular instance, the Federal program regulations
establish more stringent environmental or land use controls:
(1) The California Environmental Quality Act, Cal. Pub. Res. Code
section 21000 et seq. (West 1986).
(2) The Porter-Cologne Water Quality Control Act, Cal. Water Code
section 13000 et seq. (West 1971).
(3) California Hazardous Waste Control Law, Cal. Health & Safety
Code section 25100 et seq. (West 1984).
(4) The State Underground Storage of Hazardous Substances Law, Cal.
Health & Safety Code section 25280 et seq. (West 1984).
(5) California Coastal Act of 1976, Cal. Pub. Res. Code Section
30000 et seq. (West 1986).
(6) The Z'berg-Nejedly Forest Practice Act of 1973, Cal. Pub. Res.
Code section 4511 et seq. (West 1984).
(7) Cal. Pub. Res. Code section 4656 (West 1984), requiring a permit
for mining in State forests.
(f) The following are the California laws that generally interfere
with the achievement of the purposes and requirements of SMCRA and are,
in accordance with section 504(g) of SMCRA, preempted and superseded.
Other California laws may in an individual situation interfere with the
purposes and achievements of SMCRA and may be preempted and superseded
with respect to the performance standards of 905.815 through 905.828
as they affect a particular coal exploration or surface mining operation
by publication of a notice to that effect in the Federal Register.
(1) The California Surface Mining and Reclamation Act of 1975, Cal.
Pub. Res. Code section 2710 et seq. (West 1984), as it relates to coal
mining, except to the extent that it regulates other activities that are
not regulated by SMCRA.
(2 ) Cal. Labor Code section 7990 et seq. (West Supp. 1988)
(licensing of blasters), except as it applies to other activities that
are not regulated by SMCRA.
(3) California Solid Waste Management and Resource Recovery Act of
1972, Cal. Gov. Code section 66770 et seq. (West 1983), except to the
extent that it regulates other activities that are not regulated by
SMCRA.
30 CFR 905.701 General.
(a) Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part
701 of this chapter shall apply to coal exploration and surface coal
mining and reclamation operations in California.
(b) Beginning on the effective date of this program, each surface
coal mining and reclamation operation in California shall comply with
Subchapter B of this chapter until issuance of a permanent program
permit under the provisions of Subchapter C of this chapter.
(c) Records required by 700.14 of this chapter to be made available
locally to the public shall be made available in the OSMRE Albuquerque
Field Office.
30 CFR 905.702 Exemption for coal extraction incidental to the
extraction of other minerals.
Part 702 of this chapter, Exemption for Coal Extraction Incidental to
the Extraction of Other Minerals, shall apply to any person who conducts
coal extraction incidental to the extraction of other minerals for
purposes of commercial use or sale.
(54 FR 52123, Dec. 20, 1989)
30 CFR 905.707 Exemption for coal extraction incident to
government-financed highway or other construction.
Part 707 of this chapter, Exemption for Coal Extraction Incident to
Government-Financed Highway or Other Construction, shall apply to
surface coal mining and reclamation operations.
30 CFR 905.761 Areas designated unsuitable for surface coal mining by
act of Congress.
Part 761 of this chapter, Areas Designated by Act of Congress, shall
apply to surface coal mining operations.
30 CFR 905.762 Criteria for designating areas as unsuitable for surface
coal mining operations.
Part 762 of this chapter, Criteria for Designating Areas Unsuitable
for Surface Coal Mining Operations, shall apply to surface coal mining
operations.
30 CFR 905.764 Process for designating areas unsuitable for surface
coal mining operations.
Part 764 of this chapter, State Processes for Designating Areas
Unsuitable for Surface Coal Mining Operations, pertaining to petitions,
initial processing, hearing requirements, decisions, data base and
inventory systems, public information, and regulatory responsibilities
shall apply to surface coal mining operations beginning one year after
the effective date of this program.
30 CFR 905.772 Requirements for coal exploration.
(a) Part 772 of this chapter, Requirements for Coal Exploration,
shall apply to any person who conducts coal exploration. For
applications where 772.12 applies, the requirements of paragraphs (b)
through (d) apply in place of 772.12(c) (1) and (3) and 772.12(d)(1).
(b) Upon submission of an administratively complete application for
an exploration permit, the applicant shall publish one public notice of
the filing in a newspaper of general circulation in the county of the
proposed exploration area, and provide proof of this publication to the
regulatory authority within one week after the newspaper notice is
published.
(c) Any person having an interest which is or may be adversely
affected, shall have the right to file written comments for 10 days
after the advertisement appears in the newspaper.
(d) The regulatory authority shall act upon an administratively
complete application for a coal exploration permit and any written
comments within 15 days from the close of the comment period. The
approval of a coal exploration permit shall be based only on a complete
and accurate application.
30 CFR 905.773 Requirements for permits and permit processing.
(a) Part 773 of this chapter, Requirements for Permits and Permit
Processing, shall apply to any person who applies for a permit for
surface coal mining and reclamation operations.
(b) The Secretary shall coordinate, to the extent practicable, his
responsibilities under the following Federal laws with the relevant
California State laws to avoid duplication:
(c) Where applicable, no person shall conduct coal exploration
operations which result in the removal of more than 250 tons in one
location or surface coal mining and reclamation operations without a
permit issued by the Secretary pursuant to 30 CFR parts 772 and 773 and
permits, leases and/or certificates required by the State of California,
including compliance with the Porter-Cologne Water Quality Control Act,
Cal. Pub. Res. Code section 13000 et seq.; the California Water Code
section 1200 et seq.; the California Air Pollution Control Laws, Cal.
Health & Safety Code section 39000 et seq.; the Hazardous Waste Control
Law, Cal. Health & Safety Code section 25100 et seq.; the State
Underground Storage of Hazardous Substances Law, Cal. Health & Safety
Code section 25280 et seq.; the Solid Waste Management and Resource
Recovery Act of 1972, Cal. Gov. Code section 66770 et seq.; the
California Environmental Quality Act, Cal. Pub. Res. Code section
21000; the California Coastal Act of 1976, Cal. Pub. Res. Code section
30000 et seq.; the Z'berg-Nejedly Forest Practice Act of 1973, Cal.
Pub. Res. Code section 4511 et seq.; and the California Public Resources
Code section 4656.
(d) In addition to the requirements of part 773, the following permit
application review procedures shall apply:
(1) Any person applying for a permit shall submit five copies of the
application to the Western Field Operations office (WFO) in Denver,
Colorado.
(2) The WFO shall review an application for administrative
completeness and acceptability for further review and shall notify the
applicant in writing of the findings. The WFO may:
(i) Reject a flagrantly deficient application, notifying the
applicant of the findings;
(ii) Request additional information required for completeness stating
specifically what information must be supplied; or
(iii) Judge the application administratively complete and acceptable
for further review.
(3) When the application is judged administratively complete, the
applicant shall be advised by the WFO to file the public notice required
by 773.13 of this chapter.
(4) A representative of the WFO shall visit the proposed permit area
to determine whether the operation and reclamation plans are consistant
with actual site conditions. The applicant will be notified in advance
of the time of the visit. At the time of the visit, the applicant shall
have the locations of the proposed permit boundaries, topsoil storage
areas, sediment control structures, roads, and other signficant features
contained in the application marked by flags.
(5) Adequacy of information to allow the WFO to comply with the
National Environmental Policy Act, 42 U.S.C. 4332, and the National
Historic Preservation Act, 16 U.S.C. 470 et seq., shall be considered in
the determination of a complete application. The WFO may require
specific additional information from the applicant as any environmental
review progresses when such specific information is needed.
(e) In addition to the information required by Subchapter G of this
chapter, the WFO may require an applicant to submit supplemental
information to ensure compliance with applicable Federal laws and
regulations other than the Act.
(f) The regulatory authority shall review the application for a
permit, written comments and objections submitted; and records of any
informal conference or hearing held on the application and, where there
is no environmental impact statement (EIS) and the WFO has found,
pursuant to 36 WFO 800.4(d) and 800.5(b), that the operation will not
affect historic properties, issue a written decision within 60 days from
the close of the comment period or if an informal conference is held
under 773.13(c), 60 days from the close of the informal conference.
Where an EIS has been prepared for the application and/or the WFO must
comply with 36 CFR 800.5 (d) or (e), the written decision shall be
issued within 60 days from the Environmental Protection Agency's
publication of the notice of availability of the final EIS in the
Federal Register or the completion of OSMRE's responsibilities under 36
CFR part 800, whichever is later.
(g) Only application information that is labeled confidential by the
applicant and submitted separately from the remainder of the application
will be reviewed by OSMRE for withholding from disclosure under
773.13(d).
(1) If the application contains information identified as
confidential by the applicant, the public notice required by
905.773(d)(3) must identify the type of information considered to be
confidential.
(2) OSMRE shall determine in regard to qualification of any
application information labeled confidential within 10 days of the last
publication of the notice required under 905.773(d)(3) of this chapter,
unless additional time is necessary to obtain public comment or in the
event of unforeseen circumstances.
30 CFR 905.774 Revision; renewal; and transfer, assignment, or sale
of permit rights.
(a) Part 774 of this chapter, Revision; Renewal; and Transfer,
Assignment, or Sale of Permit Rights, shall apply to any such actions
involving surface coal mining and reclamation operations permits, except
as specified below.
(b) Any revision to the approved mining or reclamation plan will be
subject to review and approval by the WFO. A significant revision to
the reclamation plan will be subject to the public notice and hearing
provisions of 905.773(d)(3) and 773.13 (b) and (c) prior to approval
and implementation. A revision to the reclamation plan will be
considered significant if it has the potential to adversely affect the
achievement of reclamation as specified in the approved plan.
(c) The regulatory authority will approve or disapprove
non-significant permit revisions within 30 days of receipt of the
administratively complete revision. Significant revisions and renewals
will be approved or disapproved under the provisions of 905.773(f).
(d) In addition to the requirements of part 774 of this chapter, any
person having an interest which is or may be adversely affected by a
decision on the transfer, assignment, or sale of permit rights,
including an official of any Federal, State, or local government agency,
may submit written comments on the application to the Office within 30
days of the publication of the newspaper advertisement required by
774.17(b)(2) of this chapter, or receipt of an administratively complete
application, whichever is later.
(e) Within 30 days from the last publication of the newspaper notice,
written comments or objections on an application for significant
revision, or renewal of a permit under 774.15 of this chapter may be
submitted to the regulatory authority by any person having an interest
that is or may be adversely affected by the decision on the application,
or by public entities notified under 773.13(a)(3) of this chapter with
respect to the effects of the proposed mining operations on the
environment within their areas of responsibility.
30 CFR 905.775 Administrative and judicial review of decisions.
Part 775 of this chapter, Administrative and Judicial Review of
Decisions, shall apply to all decisions on permits.
30 CFR 905.777 General content requirements for permit applications.
(a) Part 777 of this chapter, General Content Requirements for Permit
Applications, shall apply to any person who makes application for a
permit to conduct surface coal mining and reclamation operations.
(b) Any person who wishes to conduct new surface coal mining and
reclamation operations shall file a complete application as early as
possible prior to the date permit issuance is desired and shall pay to
the Secretary a permit fee in accordance with 30 CFR 777.17.
(c) Any person who wishes to revise a permit shall submit a complete
application as early as possible prior to the date approval of the
permit revision is desired and to pay a permit fee in accordance with 30
CFR 777.17.
30 CFR 905.778 Permit application -- Minimum requirements for legal,
financial, compliance, and related information.
Part 778 of this chapter, Permit Applications -- Minimum Requirements
for Legal, Financial, Compliance, and Related Information, shall apply
to any person who makes application for a permit to conduct surface coal
mining and reclamation operations.
30 CFR 905.779 Surface mining permit applications -- Minimum
requirements for information on environmental resources.
(a) Part 779 of this chapter, Surface Mining Permit Applications --
Minimum Requirements for Informaton on Environmental Resources, shall
apply to any person who makes application to conduct surface coal mining
and reclamation operations.
(b) In addition to the requirements of part 779, the permit
application shall contain a map that delineates existing vegetative
types and a description of the plant communities within the proposed
permit area and within any proposed reference area.
30 CFR 905.780 Surface mining permit applications -- Minimum
requirements for reclamation and operation plan.
Part 780 of this chapter, Surface Mining Permit Applications --
Minimum Requirements for Reclamation and Operation Plan, shall apply to
any person who makes application to conduct surface coal mining and
reclamation operations.
30 CFR 905.783 Underground mining permit applications -- Minimum
requirements for information on environmental resources.
(a) Part 783 of this chapter, Underground Mining Permit Applications
-- Minimum Requirements for Information on Environmental Resources,
shall apply to any person who makes application to conduct underground
coal mining operations.
(b) In addition to the requirements of part 783, the permit
application shall contain a map that delineates existing vegetative
types and a description of the plant communities within the area
affected by surface operations and facilities and within any proposed
reference area.
30 CFR 905.784 Underground mining permit applications -- Minimum
requirements for reclamation and operation plan.
Part 784 of this chapter, Underground Mining Permit Applications --
Minimum Requirements for Reclamation and Operation Plan, shall apply to
any person who makes application for a permit to conduct underground
coal mining operations.
30 CFR 905.785 Requirements for permits for special categories of
mining.
Part 785 of this chapter, Requirements for Permits for Special
Categories of Mining, shall apply to any person who makes application
for a permit to conduct certain categories of surface coal mining and
reclamation operations as specified therein.
30 CFR 905.795 Small operator assistance program.
Part 795 of this chapter, Small Operator Assistance Program, shall
apply to any person making application for assistance under the small
operator assistance program.
30 CFR 905.800 Bond and insurance requirements for surface coal mining
and reclamation operations under regulatory programs.
(a) Part 800 of this chapter, Bond and Insurance requirements for
Surface Coal Mining and Reclamation Operations Under Regulatory
Programs, shall apply to all surface coal mining and reclamation
operations, except for 800.40(a)(1) regarding the bond release
application, for which paragraph (b) of this section substitutes and
except as provided in paragraphs (c) and (d) of this section.
(b) The permittee may file an application with the regulatory
authority for the release of all or part of a performance bond. The
application shall be filed no later than 30 days prior to the end of the
vegetation growing season in order to evaluate properly the completed
reclamation operations. The appropriate season for evaluating reclaimed
operations shall be identified in the mining and reclamation plan
required by subchapter G of this chapter approved by the regulatory
authority.
(c) The following bonds are acceptable for compliance with the
California Federal Program.
(1) A surety bond;
(2) A collateral bond;
(3) A self-bond; or
(4) A combination of these bonding methods.
(d) A permittee may replace existing bonds with other bonds that
provide equivalent coverage.
30 CFR 905.815 Performance standards -- Coal exploration.
Part 815 of this chapter, Permanent Program Performance Standards --
Coal Exploration, shall apply to any person who conducts coal
exploration.
30 CFR 905.816 Performance standards -- Surface mining activities.
(a) Part 816 of this chapter, Permanent Program Performance Standards
-- Surface Mining Activities, shall apply to any person who conducts
suface mining activitites, except for 816.116(a)(1) regarding
revegetation success standards, for which paragraph (c) of this section
substitutes.
(b) All operators shall comply with the Porter-Cologne Water Quality
Control Act, Cal. Pub. Res. Code section 13000 et seq. ; the
California Water Code section 1200 et seq. ; the California Air
Pollution Control Laws, Cal. Health & Safety Code section 39000 et seq.
; the Hazardous Waste Control Law, Cal. Health & Safety Code section
25100 et seq. ; the State Underground Storage of Hazardous Substances
Law, Cal. Health & Safety Code section 25280 et seq. ; the Solid Waste
Management and Resource Recovery Act of 1972, Cal. Gov. Code section
66770 et seq. ; the California Environmental Quality Act, Cal. Pub.
Res. Code section 21000; the California Coastal Act of 1976, Cal. Pub.
Res. Code section 30000 et seq. ; the Z'berg-Nejedly Forest Practice
Act of 1973, Cal. Pub. Res. Code section 4511 et seq. ; the California
Public Resources Code section 4656; and regulations promulgated
pursuant to these laws.
(c) Standards for success shall be those identified in 816.116(a)(2)
of this chapter. Statistically valid sampling techniques for measuring
success shall be included in the mining and reclamation plan, and
approved by the regulatory authority.
30 CFR 905.817 Peformance standards -- Underground mining activities.
(a) Part 817 of this chapter, Permanent Program Performance Standards
-- Underground Mining Activities, shall apply to any person who conducts
underground mining activities, except for 817.116(a)(1) regarding
revegetation success standards, for which paragraph (c) of this section
substitutes.
(b) All operators shall comply with the Porter-Cologne Water Quality
Control Act, Cal. Pub. Res. Code section 13000 et seq. ; the
California Water Code section 1200 et seq. ; the California Air
Pollution Control Laws, Cal. Health & Safety Code section 39000 et seq.
; the Hazardous Waste Control Law, Cal. Health & Safety Code section
25100 et seq. ; the State Underground Storage of Hazardous Substances
Law, Cal. Health & Safety Code section 25280 et seq. ; the Solid Waste
Management and Resource Recovery Act of 1972, Cal. Gov. Code section
66770 et seq. ; the California Environmental Quality Act, Cal. Pub.
Res. Code section 21000; the California Coastal Act of 1976, Cal. Pub.
Res. Code section 30000 et seq. ; the Z'berg-Nejedly Forest Practice
Act of 1973, Cal. Pub. Res. Code section 4511 et seq. ; the California
Public Resources Code section 4656; and regulations promulgated
pursuant to these laws.
(c) Standards for success shall be those identified in 817.116(a)(2)
of this chapter. Statistically valid sampling techniques for measuring
success shall be included in the mining and reclamation plan, and
approved by the regulatory authority.
30 CFR 905.819 Special performance standards -- Auger mining.
Part 819 of this chapter, Special Permanent Program Performance
Standards -- Auger Mining, shall apply to any person who conducts
surface coal mining operations which include auger mining.
30 CFR 905.822 Special performance standards -- Operations in alluvial
valley floors.
Part 822 of this chapter, Special Permanent Program Performance
Standards -- Operations in Alluvial Valley Floors, shall apply to any
person who conducts surface coal mining and reclamation operations on
alluvial valley floors.
30 CFR 905.823 Special performance standards -- Operations on prime
farmland.
Part 832 of this chapter, Special Permanent Program Performance
Standards -- Operations on Prime Farmland, shall apply to any person who
conducts surface coal mining and reclamation operations on prime
farmland.
30 CFR 905.824 Special performance standards -- Mountaintop removal.
Part 824 of this chapter, Special Permanent Program Performance
Standards -- Mountaintop Removal, shall apply to any person who conducts
surface coal mining and reclamation operations constituting mountaintop
removal mining.
30 CFR 905.827 Special performance standards -- Coal preparation plants
not located within the permit area of a mine.
Part 827 of this chapter, Permanent Program Performance Standards --
Coal Preparation Plants Not Located Within the Permit Area of a Mine,
shall apply to any person who conducts surface coal mining and
reclamation operations which include the operation of a coal preparation
plant not located within the permit area of a mine.
30 CFR 905.828 Special performance standards -- In situ processing.
Part 828 of this chapter, Special Permanent Program Performance
Standards -- In Situ Processing, shall apply to any person who conducts
surface coal mining and reclamation operations which include the in situ
processing of coal.
30 CFR 905.842 Federal inspections.
(a) Part 842 of this chapter, Federal Inspections, shall apply to all
coal exploration and surface coal mining and reclamation operations.
(b) In addition to the requirements of part 842, copies of inspection
reports will be furnished, upon request, to the California Division of
Mining and Geology.
30 CFR 905.843 Federal enforcement.
(a) Part 843 of this chapter, Federal Enforcement, shall apply
regarding enforcement action on coal exploration and surface coal mining
and reclamation operations.
(b) In addition to the requirements of part 843, copies of
enforcement actions and orders to show cause will be furnished, upon
request, to the California Division of Mining and Geology.
30 CFR 905.845 Civil penalties.
Part 845 of this chapter, Civil Penalties, shall apply to the
assessment of civil penalties for violations on coal exploration and
surface coal mining and reclamation operations.
30 CFR 905.846 Individual Civil Penalties.
Part 846 of this chapter, Individual Civil Penalties, shall apply to
the assessment of individual civil penalties under section 518(f) of
SMCRA.
30 CFR 905.955 Certification of blasters.
Part 955 of this chapter, Certification of Blasters in Federal
Program States and on Indian Lands, shall apply to the training,
examinatioin and certification of blasters for surface coal mining
operations.
30 CFR 905.955 PART 906 -- COLORADO
Sec.
906.1 Scope.
906.10 State regulatory program approval.
906.11 Conditions of State regulatory program approval.
906.15 Approval of regulatory program amendments.
906.16 Required program amendments.
906.20 Approval of Colorado abandoned mine land reclamation plan
amendment.
906.30 State-Federal cooperative agreement.
Authority: 30 U.S.C. 1201 et seq.
30 CFR 906.1 Scope.
This part contains all rules applicable only within Colorado that
have been adopted under the Surface Mining Control and Reclamation Act
of 1977.
(45 FR 82211, Dec. 15, 1980)
30 CFR 906.10 State regulatory program approval.
The Colorado State program as submitted on February 29, 1980, and
amended and clarified on June 11, 1980, was conditionally approved,
effective December 15, 1980. Beginning on that date, the Colorado
Department of Natural Resources was deemed the regulatory authority in
Colorado for surface coal mining and reclamation operations and for coal
exploration operations on non-Federal and non-Indian lands. Copies of
the approved program are available for review at:
(a) Department of Natural Resources, 1313 Sherman Street, Denver,
Colorado 80203.
(b) Office of Surface Mining, 219 Central Avenue, N.W., Albuquerque,
New Mexico 87102.
(c) Office of Surface Mining, Administrative Record Room, 1100 L
Street, N.W., Washington, D.C. 20240.
(47 FR 56350, Dec. 16, 1982)
30 CFR 906.11 Conditions of State regulatory program approval.
The approval of the State program is subject to the following
conditions:
(a) -- (ll) (Reserved)
(mm)(1) The Secretary will initiate steps to terminate the approval
found in 906.10 on June 1, 1982, unless Colorado submits to the
Secretary by that date copies of fully implemented regulations
containing provisions for:
(i) Costs and expenses regarding discriminatory acts, pursuant to 30
CFR part 830, as in 43 CFR 4.1294(a)(2);
(ii) Expert witness fees, and costs and expenses in seeking the award
as in 43 CFR 4.1295; and
(iii) The administrative appeal of a decision as in 43 CFR 4.1296.
(2) The Secretary will initiate steps to terminate the approval found
in 906.10 on May 20, 1983, unless Colorado submits to the Secretary by
that date copies of fully implemented regulations containing provisions
for costs and expenses from the State to a citizen as in 43 CFR
4.1294(b).
(nn) -- (ss) (Reserved)
(45 FR 82211, Dec. 15, 1980, as amended at 46 FR 54070, Oct. 30,
1981; 47 FR 56350, Dec. 16, 1982; 49 FR 18481, May 1, 1984; 50 FR
49925, Dec. 6, 1985; 52 FR 17293, May 7, 1987; 52 FR 36028, Sept. 25,
1987; 53 FR 52693, Dec. 29, 1988)
30 CFR 906.15 Approval of regulatory program amendments.
(a) The following amendments are approved effective December 16,
1982: Revisions submitted on January 11, 1982, and February 25, 1982,
to Colorado Rules 1.03.3(2), 1.03.4(2)(a), 2.02.2(3), 2.03.4(3),
2.05.3(6), 2.05.4(2)(c), 2.05.6, 2.05.6(3)(a), 2.05.6(3)(c), 2.05.6(4),
2.05.6(6)(f)(iii), 2.06.12, 2.06.5(1), 2.06.6(2)(j), 2.06.8(3)(b),
2.06.8(5), 2.08.4(1)(f), 2.08.4(5)(b)(ii), 2.08.4(5)(c), 3.02.1(5)(b),
3.05.1(1)(a), 3.05.1(7), 4.05.2(2), 4.05.3(6)(a), 4.05.4, 4.05.6(3)(c),
4.05.6(9), 4.06.5, 4.15.7(2)(d), 4.15.8(7), 4.158(8), 4.16.2(1),
4.21.2(1), 4.21.2(2), 4.05.3(5), and 5.03.6.
(b) The following amendments are approved effective May 1, 1984:
Revisions submitted on January 11, 1982, February 25, 1982, May 26, 1983
and August 2, 1983, to the Colorado statute at 34-33-108 and to the
Colorado Rules at 1.13, 2.07.6(3) and 4.05.2(7).
(c) The following amendment is approved effective December 6, 1985.
The revised inspection report form approved by the Mined Land
Reclamation Board on May 23, 1985.
(d) The following amendments are approved effective November 15,
1985.
(1) State rule 5.03.2(1) as revised in final form by Colorado on
August 10, 1985, and submitted to OSM on August 28, 1985.
(2) State rule 5.04.5(2) as revised in final form by Colorado on
August 10, 1985, and submnitted to OSM on August 28, 1985.
(e)(1) Revisions to the following provisions of 2 CCR 407-2, the
rules and regulations of the Colorado Mined Land Reclamation Board, as
submitted on August 28, 1984 and March 12, 1985, and as clarified and
modified on March 8, 1985, August 29, 1985, and October 2, 1985, are
approved effective February 5, 1986.
1.04(95)
1.04(111)
2.02.1
2.02.2(2)(c)
2.02.(g)
2.02.3(1)(c)(ii)
2.02.3(1)(e)
2.03.5(3)
2.03.9(1)
2.04.4
2.04.8(1)
2.04.9(1)
2.04.10(4)
2.04.12(1), (2) and (4)
2.05.3(4)(a)(i)(A)
2.05.3(4)(a)(ii)(A)
2.07.5(1)(b)
2.10.1(1), (2) and (3)
2.10.3(1)(i) and (j)
4.03
4.06.1(2)
4.06.2(1)
4.06.2(2)(a)
4.06.2(4)(a)(ii)
4.06.4(1)
4.07.1(2)
4.07.3(1) and (2)
4.08.3(2)(b)(i) and (ii)
4.08.4(1)(b)(ii)
4.08.6(2)
4.15.1(2)(a) and (d)
4.15.2
4.15.1(4)
4.15.4
4.15.5
4.15.6(3)
4.15.8(2)
4.16.2
4.16.3
4.18(3)
4.18(4)(i)
4.21.1
4.21.4(1)
4.30.1(2)
5.02.2
5.03.2(2)
(2) Addition of the following provisions to 2 CCR 407-2, the rules
and regulations of the Colorado Mined Land Reclamation Board, as
submitted on March 12, 1985 is approved effective February 5, 1986:
1.14, 1.15 and 5.04.6(4).
(3) Deletion of the following provisions from 2 CCR 407-2, the rules
and regulations of the Colorado Mined Land Reclamation Board, as
submitted on March 12, 1985 and clarified on October 2, 1985 is approved
effective February 5, 1986: 2.05.5(1)(a)(iv), 2.10.2(4), and 4.15.8(8).
(4) Revisions to 2 CCR 407-2, 4.15.8(3), (4) and (7), as submitted on
March 12, 1985, are approved effective February 5, 1986, except for the
proposed addition of the phrase ''or other methods of comparison
approved by the Division'' to each of these paragraphs, which is not
approved.
(5) Revisions to 2 CCR 407-2, 4.15.9, except for the deletion of
''two consecutive'' from the phrase ''the last two consecutive growing
seasons of the extended liability period'', and the addition of the
phrase ''or other methods of comparison approved by the Division,'' as
submitted on March 12, 1985, are approved effective February 5, 1986.
As approved, the revised rule reads as follows:
For areas to be used as cropland, success of revegetation shall be
determined on the basis of crop production from the mined area as
compared to approved reference areas or other approved standard(s).
Crop production from the mined area shall not be less than that of the
approved reference area or standard for the last two consecutive growing
seasons of the extended liability period established in 3.02.3. This
liability period shall commence on the date of initial planting of the
crop being grown. Production shall be considered equal if it is not
less than 90% of the production as determined from the reference area or
approved standard with 90% statistical confidence.
(6) Addition of the phrase ''(e)xcept as provided in 4.08.4(10)(a),''
to the introductory paragraph of 2 CCR 407-2, 4.08.4(10), as submitted
on August 28, 1984, is approved effective February 5, 1986, but the
proposed amendments to other portions of 2 CCR 407-2, 4.08.4(10), as
submitted on August 28, 1984, are not approved.
(f) The following amendment is approved effective May 30, 1986.
Revised regulation 2CCR 407-2, 5.03.3(2)(b) submitted to OSMRE by the
Colorado Mined Land Reclamation Board on January 23, 1986.
(g) The following amendment containing Colorado's blaster training,
examination and certification program is approved effective July 1,
1986, provided the State promulgates the rules in a form substantively
identical to that submitted on January 27, 1986: (1) Addition of
definitions of ''blaster certification program'' and ''certified
blaster'' to Rule 1.04 of 2 CCR 407-2, the rules and regulations of the
Colorado Mined Land Reclamation Board, (2) addition of Rule 6 to 2 CCR
407-2, (3) the blaster training program submitted on January 27, 1986,
and (4) the blaster certification examination as reviewed on May 13,
1986.
(h) The following amendments, as submitted on August 18, 1986, are
approved effective February 5, 1987:
(1) Revisions to the following provisions of 2 CCR 407-2, the rules
and regulations of the Colorado Mined Land Reclamation Board:
2.02.2(2) (g)
2.04.12(1)
2.10.1(1)
4.06.1(2)
4.06.2(2)(a)
4.06.2(4)(a)
4.21.4(1)
(2) The Handbook Memorandum entitled ''Alternative to Topsoil
Stockpiles'', which interprets State rule 4.06.1(2).
(i) The following amendment is approved effective May 7, 1987:
Revised Colorado regulations 2 CCR 407-2, 4.15.7(2)(d) (ii) and (vi) as
adopted by the Colorado Mined Land Reclamation Board on October 23,
1986, and submitted to OSMRE on November 25, 1986, and the Statement of
Basis and Purpose accompanying the revised regulations. This approval
is conditioned upon final promulgation of the revised regulations in a
form substantively identical to that in which they were submitted to and
reviewed by OSMRE.
(j) The following amendments, which concern exemptions, experimental
practices, prime farmland, subsidence control, fish and wildlife,
revegetation, topsoil, bonding and insurance requirements, lands
unsuitable for mining and related areas, civil penalties and inspection
and enforcement, are approved effective March 31, 1989. Revisions to
the following provisions of 2 CCR 407-2, the rules and regulations of
the Colorado Mined Land Reclamation Board, as submitted on May 26, 1987,
and clarified and modified on December 17, 1987:
1.04(25), (57), (59), (71), (116), (120) and (153)
1.05.1
2.03.7(3)
2.04.9(1)
2.04.12
2.05.4(2)
2.05.6(6)(f)
2.06.2(4), (5), (8), (9) and (10)
2.06.6(1) and (2)
2.07.6(2)(d) and (e)
3.02.1(4), (5) and (6)
3.02.2(4)
3.02.4(1) and (2)
3.03.1(2)
3.03.2(5) and (6)
3.04.2(5) and (6)
4.06.2(2), (4), (5) and (6)
4.15.1(1)
4.15.2
4.15.7(2) and (3)
4.15.8(2), (3), (4), (7) and (9)
4.18
4.20.1(3)
4.20.4(1) and (3)
4.25.5(2) and (3)
5.02.4(1)
5.03.3(5)
5.04.3(2) and (3)
7.03(3)(f)
7.04(5)
7.06.2(1) and (2)
7.06.3(1) and (2)
7.06.5(2).
(k) Revisions to 2.05.6(4)(b), 2.07.6(2)(e) (i) and (ii), and
2.10.3(1)(g) of 2 CCR 407-2, the rules and regulations of the Colorado
Mined Land Reclamation Board, as submitted on October 14, 1988, are
approved effective June 6, 1989. The revisions pertain to the
identification and protection of cultural and historical resources.
(l) With the exceptions of Rules 2.05.6(3)(b)(iv) (groundwater
monitoring), 4.08.5(11) (use of explosives), 4.05.4(2)(b) (surface-water
diversions), 1.04(64), 4.05.6(10) and 4.05.9(11) (siltation structures
and impoundments), and 1.04(94a) (backfilling and grading), revisions to
the following provisions of 2 CCR 407-2, the rules and regulations of
the Colorado Mined Land Reclamation Board, as submitted on August 23,
1988, and modified and clarified on April 10, June 28, and July 12,
1989, are approved effective December 11, 1989:
(m) With the exceptions of Rules 3.03.3, termination of jurisdiction;
4.05.9(2), temporary impoundments to the extent that temporary
impoundments are limited to such impoundments created by a dam;
4.14.1(1)(e), alternative contemporaneous reclamation schedules;
5.02.2(8) and (9), abandoned sites; and 5.04.7(1), individual civil
penalties to the extent that individual civil penalties are limited to
those unabated violations which result in a failure to abate cessation
order, the revisions to the following provisions of 2 CCR 407-2, the
rules and regulations of the Colorado Mined Land Reclamation Board, as
submitted on July 18, 1989, and revised on January 17, 1990, April 5,
1990, and May 23, 1990, are approved effective January 14, 1991. (The
Director is deferring his decision on Rule 3.03.3, and his deferral
decision on Rule 1.04(94a) still stands.)
Administration -- 1.01(9)
Alluvial valley floors -- 2.06.8(3)(c)(i)(B)(I) and (3)(c)(ii)(B)
Permit information requirements -- 2.03.4; 2.03.5 (3) and (4);
2.07.7(5); and 5.03.2(1)(d)
Ownership and control -- 1.04(83a); and 2.07.6 (1)(b), (1)(d),
(2)(h), and (10)(c)
Permitting -- 2.07.7(4)
Coal exploration -- 2.02.7(2)(a); and 4.21.4 (7) and (7)(c)
Archaeology and cultural resources -- 2.02.3(1)(c)(i)
Civil penalties -- 1.04(70a) and (153); 5.03.5 (1)(d) and (4)(e);
and 5.04.7 (2), (3), and (4)
Restriction on financial interests of State employees -- 1.10.2(2)
and 1.10.4(1)
Diversions -- 4.05.3(1), and (7) through (9); and 4.05.4(1) and
(2)(b)
Siltation structures -- 4.05.6 (3)(c), (3)(d), (3)(e), (4), (5), (6),
(11), (11)(i), (11)(j), (11)(k), (12), (13), and (13)(b)
Impoundments -- 1.04(64); 1.04(115); 4.05.9 (1)(a), (1)(e), and
(1)(f); 4.05.9 (3), (3)(a), and (3)(b); and 4.05.9 (4), (5), (12),
(13), and (13)(c)
Hydrologic balance protection -- 2.04.7(1)(a)(4); and 4.05.8 (1) and
(2)
Inspection and enforcement -- 5.02.2(4)(b)
Use of explosives -- 4.08.1(3); 4.08.4(6)(c); 4.08.5(4)(c); and
4.08.5(11)
Excess spoil -- 4.09.1(10); and 4.09.2 (2)(a) and (3)
Coal mine waste -- 4.11.5 (3)(b) and (3)(d)
Backfilling and grading -- 4.23.2(7)
Prime farmland -- 4.25.1(2)
Reclamation plan -- 2.05.3 (4)(a)(ii)(B) and (4)(b)
Fish and wildlife -- 2.05.6(2)(c)
(n) The revisions to the following provisions of 2 CCR 407-2, the
rules and regulations of the Colorado Mined Land Reclamation Board, as
submitted on April 11, 1991, are approved on July 22, 1991. The
amendment becomes effective upon State promulgation of the amendment in
the same form as submitted to OSM.
Termination of jurisdiction -- deletion of Rule 3.03.3; Diversions
-- Rules 4.05.3(1) (c), (d), and (e); Acid-forming and toxic-forming
spoil -- Rule 4.05.8(1); Alternative backfilling and grading schedules
-- deletion of Rule 4.14.1(1)(e);
Inspections of abandoned sites -- deletion of Rules 5.02.2 (8) and
(9); and
Individual civil penalties -- Rule 5.04.7(1).
(47 FR 56351, Dec. 16, 1982, as amended at 49 FR 18481, May 1, 1984;
50 FR 47216, Nov. 15, 1985; 50 FR 49925, Dec. 6, 1985; 51 FR 4496,
Feb. 5, 1986; 51 FR 19548, May 30, 1986; 51 FR 23752, July 1, 1986;
52 FR 3634, Feb. 5, 1987; 52 FR 17293, May 7, 1987; 54 FR 13172, Mar.
31, 1989; 54 FR 24171, June 6, 1989; 54 FR 50744, Dec. 11, 1989; 56
FR 1371, Jan. 14, 1991; 56 FR 33383, July 22, 1991)
30 CFR 906.16 Required program amendments.
Pursuant to 30 CFR 732.17, Colorado is required to make the following
program amendments:
(a) By April 15, 1991, Colorado shall (1) amend its program to
require that notice and hearing procedures for persons both seeking and
opposing disclosure of confidential information be developed, (2)
demonstrate to OSM that such procedures have already been adopted by
Colorado and are in place, or (3) promulgate the revision at Rule
2.07.5(3) as it was submitted by Colorado and approved by OSM on
December 11, 1989.
(b) -- (c) (Reserved)
(d) By April 15, 1991, Colorado shall submit an amendment to revise
Rule 4.05.9 to clearly indicate that Rules 4.05.9(1)(g) and 4.05.9(4)
through (13) apply to both temporary and permanent impoundments.
(e) By April 15, 1991, Colorado shall submit an amendment to revise
Rule 4.05.9(2) to remove the phrase ''in which the water is impounded by
a dam.''
(56 FR 1372, Jan. 14, 1991, as amended at 56 FR 33384, July 22, 1991)
30 CFR 906.20 Approval of Colorado Abandoned Mine Land Reclamation Plan
Amendment.
The Colorado Abandoned Mine Plan, as approved on June 11, 1982, is
amended on January 9, 1986. Copies of the approved program, as amended,
are available at: State of Colorado, Department of Natural Resources,
423 Centennial Building, 1313 Sherman Street, Denver, Colorado 80203;
Office of Surface Mining, Albuquerque Field Office, 219 Central Avenue,
NW., Albuquerque, New Mexico 97102 and Office of Surface Mining,
Administrative Record, Room 5315, 1100 ''L'' Street, NW., Washington, DC
20240
(51 FR 885, Jan. 9, 1986)
30 CFR 906.30 State-Federal cooperative agreement.
The Governor of the State of Colorado, acting through the Mined Land
Reclamation Division (MLRD), and the Secretary of the Department of the
Interior, acting through the Assistant Secretary for Energy and
Minerals, and the Office of Surface Mining (OSM), enter into a
Cooperative Agreement (Agreement) to read as follows.
1. This Agreement is authorized by section 523(c) of the Surface
Mining Control and Reclamation Act (Act), 30 U.S.C. 1273(c), which
allows a State with a permanent regulatory program approved by the
Secretary under 30 U.S.C. 1253, to elect to enter into an Agreement for
the regulation and control of surface coal mining operations on Federal
lands.
This Agreement provides for State regulation, consistent with the
Act, the Federal lands program (30 CFR part 745) and the Colorado State
Program (Program) for surface coal mining and reclamation operations, on
Federal lands.
2. The purpose of this Agreement is to (a) foster Federal-State
cooperation in the regulation of surface coal mining; (b) eliminate
intergovernmental overlap and duplication; and (c) provide uniform and
effective application of the Program on all non-Indian lands in
Colorado, in accordance with the Act and the Program.
3. After being signed by the Secretary and the Governor, the
Agreement shall be effective upon publication in the Federal Register as
a final rule.
This Agreement shall remain in effect until terminated as provided in
Article XI.
4. Under this Agreement, the laws, regulations, terms, and conditions
of the Program conditionally approved effective December 15, 1980, 30
CFR part 906, or as hereinafter amended in accordance with 30 CFR
732.17, for the administration of the Act, are applicable to Federal
lands within the State except as otherwise stated in this Agreement, the
Act, 30 CFR 745.13, or other applicable laws.
Orders and decisions issued by MLRD in accordance with the State
Program that are appealable, shall be appealed to the State reviewing
authority. Orders and decisions issued by the Department that are
appealable, shall be appealed to the Department of the Interior's Office
of Hearings and Appeals.
5. The Governor and the Secretary affirm that they will comply with
all of the provisions of this Agreement and will continue to meet all
the conditions and requirements specified in this Article.
A. Responsible Administrative Agency: The MLRD shall be responsible
for administering this Agreement on behalf of the Governor on Federal
lands throughout the State. The Assistant Secretary for Energy and
Minerals, or designee, shall administer this Agreement on behalf of the
Secretary in accordance with the regulations in 30 CFR Chapter VII.
B. Authority of State Agency: The MLRD has and shall continue to
have the authority under State law to carry out this Agreement.
C. Funds: Upon application by the MLRD and subject to
appropriations, the Department shall provide the State with the funds to
defray the costs associated with carrying out responsibilities under
this Agreement as provided in section 705(c) of the Act and 30 CFR
735.16. If sufficient funds have not been appropriated to OSM, OSM and
MLRD shall promptly meet to decide on appropriate measures that will
insure that mining operations are regulated in accordance with the
Program. If agreement cannot be reached, then either party may
terminate the Agreement.
Funds provided to the State shall be adjusted in accordance with
Office of Management and Budget Circular A-102, Attachment E.
D. Reports and Records: The MLRD shall make annual reports to the
Director of OSM (Director) containing information with respect to
compliance with the terms of this Agreement, pursuant to 30 CFR
745.12(c). The MLRD and the Director shall exchange, upon request,
except where prohibited by Federal law, information developed under this
Agreement. The Director shall provide the MLRD with a copy of any final
evaluation report prepared concerning State administration and
enforcement of this Agreement.
E. Personnel: The MLRD shall have the necessary personnel to fully
implement this Agreement in accordance with the provisions of the Act
and the approved Program. If sufficient funds have not been
appropriated, OSM and MLRD shall promptly meet to decide on appropriate
measures that will insure that mining operations are regulated in
accordance with the Program.
F. Equipment and Laboratories: The MLRD shall assure itself access
to equipment, laboratories, and facilities with which all inspections,
investigations, studies, tests, and analyses can be performed which are
necessary to carry out the requirements of this Agreement.
G. Permit Application Fees: The amount of the fee accompanying an
application for a permit shall be determined in accordance with section
34-33-110(1) Colorado Revised Statutes (CRS 1973), as amended. All
permit fees shall be retained by the State and deposited with the State
Treasurer in the General Fund. The Financial Status Report submitted
pursuant to 30 CFR 735.26 shall include a report of the amount of fees
collected during the prior State fiscal year.
6. Terms and phrases used in this Agreement which are defined in the
Act, 30 CFR parts 700, 701 and 740 and as defined in the Program shall
be given the meaning set forth in said definitions. Where there is a
conflict between the above referenced State and Federal definitions, the
definitions used in the approved State Program will apply, except in the
case of a term which defines the Secretary's continuing responsibilities
under the Act and other laws.
Application To Conduct Surface Coal Mining and
Reclamation Operations or an Application for a Permit
Revision or Permit Renewal
7. The MLRD and the Director shall require an operator on Federal
lands to submit a permit application package or an application for a
permit revision or renewal in an appropriate number of copies to the
MLRD and OSM. Any documentation or information prepared by the operator
for the sole purpose of complying with the 3-year requirement of section
7(c) of the Mineral Leasing Act (MLA) will be submitted directly to the
Minerals Management Service (MMS). If such documentation is submitted
as part of a permit application, a copy of the entire package will be
forwarded to the MMS by OSM.
The permit application package or application for a permit revision
or renewal shall be in the format required by the MLRD and include any
supplemental information required by the Department. The permit
application package or application for a permit revision or renewal
shall satisfy the requirements of 30 CFR 741.12(b) and 30 CFR 741.13,
and include the information required by, or necessary for, the MLRD and
the Department to make a determination of compliance with:
(a) Section 34-33-101, et seq., CRS 1973, as amended;
(b) Regulations of the Colorado Mined Land Reclamation Board for Coal
Mining;
(c) Applicable terms and conditions of the Federal coal lease;
(d) Applicable requirements of the MMS's 30 CFR part 211 regulations
pertaining to the Mineral Leasing Act requirements unless previously
submitted to the MMS; and
(e) Applicable requirements of the approved Program and other Federal
laws including, but not limited to, those identified in 30 CFR Chapter
VII, Subchapter D, and Appendix A of this Agreement.
8. The MLRD shall assume primary responsibility pursuant to sections
510(a) and 523(c) of the Act for the analysis, review, and approval of
the permit application or application for a permit revision or renewal
according to the standards of the approved Program. The Director shall
assist the MLRD in the analysis of the permit application or application
for a permit revision or renewal and coordinate with the other
appropriate Federal agencies as specified by the Secretary according to
the procedures set forth in Appendix B. The Department shall
concurrently carry out its responsibilities which cannot be delegated to
the State under the MLA, National Environmental Policy Act (NEPA), and
other public laws (including, but not limited to, those in Appendix A)
according to the procedures set forth in Appendix B so as, to the
maximum extent possible, not to duplicate the responsibilities of the
State as set forth in this Agreement and the Program. The Secretary
shall consider the information submitted in the permit application
package and, when appropriate, make the decisions required by the Act,
MLA, NEPA and other public laws as described above.
9. As a matter of practice the Department will not independently
initiate contacts with the applicant regarding permit application
packages or applications for permit revisions or renewals. However, the
Department reserves the right to act independently of the MLRD to carry
out its statutory responsibilities under the Act, MLA, NEPA and other
public laws provided, however, that the Department shall send copies of
all relevant correspondence to the MLRD.
10. The MLRD shall maintain a file of all original correspondence
with the applicant and any information received from the applicant which
may have a bearing on decisions regarding the permit application or
application for a permit revision or renewal.
11. OSM shall have access to MLRD files for mines on Federal lands.
MLRD will provide OSM copies of information OSM deems necessary.
12. To the fullest extent allowed by State and Federal law, the
Director and MLRD shall cooperate so that duplication will be eliminated
in conducting the review and analysis of the permit application package
or application for a permit revision or renewal.
13. The MLRD shall conduct inspections on Federal lands and prepare
and file inspection reports in accordance with the Program.
14. The MLRD shall, subsequent to conducting any inspection, and on a
timely basis, file with the Director a copy of each inspection report.
Such report shall adequately describe (1) the general conditions of the
lands under the permit; (2) the manner in which the operations are
being conducted; and (3) whether the operator is complying with
applicable performance and reclamation requirements.
15. The MLRD will be the point of contact and primary inspection
authority in dealing with the operator concerning operations and
compliance with the requirements covered by this Agreement, except as
described hereinafter. Nothing in this Agreement shall prevent Federal
inspections by authorized Federal or State agencies for purposes other
than those covered by this Agreement. The Department may conduct any
inspections necessary to comply with 30 CFR parts 842 and 743, as part
743 relates to obligations under laws other than the Act.
16. OSM shall ordinarily give the MLRD reasonable notice of its
intent to conduct an inspection under 30 CFR 842.11 in order to provide
State inspectors with an opportunity to join in the inspection. When
OSM is responding to a citizen complaint of an imminent danger to the
public health and safety or significant, imminent environmental harm to
land, air or water resources, pursuant to 30 CFR 842.11(b)(1(ii)(C), it
will contact MLRD no less than 24 hours prior to the Federal inspection,
if practicable, to facilitate a joint Federal/State inspection. All
citizen complaints which do not involve an imminent danger shall be
referred to MLRD for action. The Secretary reserves the right to conduct
inspections without prior notice to MLRD to carry out his
responsibilities under the Federal Act.
17. MLRD shall be the primary enforcement authority under the Act
concerning compliance with the requirements of this Agreement and the
Program. Enforcement authority given to the Secretary under other laws
and orders including, but not limited to, those listed in Appendix A is
reserved to the Secretary.
18. During any joint inspection by OSM and MLRD, MLRD shall have
primary responsibility for enforcement procedures, including issuance of
orders of cessation, notices of violation, and assessment of penalties.
The MLRD shall consult OSM prior to issuance of any decision to suspend
or revoke a permit.
19. During any inspection made solely by OSM or any joint inspection
where the MLRD and OSM fail to agree regarding the propriety of any
particular enforcement action, OSM may take any enforcement action
necessary to comply with 30 CFR parts 843 and 845. Such enforcement
action shall be based on the performance standards included in the
regulations of the approved Program, and shall be taken using the
procedures and penalty system contained in 30 CFR parts 843 and 845.
20. The MLRD and the Department shall promptly notify each other of
all violations of applicable laws, regulations, orders, or approved
mining permits subject to this Agreement and of all actions taken with
respect to such violations.
21. Personnel of the State and representatives of the Department
shall be mutually available to serve as witnesses in enforcement actions
taken by either party.
22. This Agreement does not limit the Department's authority to
enforce violations of Federal law which establish standards and
requirements which are authorized by laws other than the Act.
23. For all surface coal mining operations on Federal lands, the MLRD
and the Secretary shall require each operator to submit a single
performance bond payable to the State and to the United States, if
required by Federal regulations, to cover the operator's
responsibilities under the Act and the Program. Such performance bond
shall be conditioned upon compliance with all requirements of the Act,
the Program and any other requirements imposed by the Department under
the MLA, as amended. If the Agreement is terminated, all bonds will
revert to being payable only to the United States to the extent that
Federal lands are involved. Submission of a performance bond does not
satisfy the requirements for a Federal lease bond required by 30 CFR
Subpart 3473 or a lessee protection bond required in addition to a
performance bond, in certain circumstances, by section 715 of the Act.
24. Prior to releasing the operator from an obligation under a
performance bond required by the Program, the MLRD shall obtain the
concurrence of OSM. the MLRD shall also advise OSM of annual
adjustments to the performance bond, pursuant to the Program.
Departmental concurrence shall include coordination with other Federal
agencies having authority over the lands involved.
25. The operator's performance bond shall be subject to forfeiture
with the consent of OSM, in accordance with the procedures and
requirements of the Program.
Certain Types of Surface Coal Mining Operations
26. The MLRD and the Director shall cooperate with each other in the
review and processing of petitions to designate lands as unsuitable for
surface coal mining operations. When either agency receives a petition
that could impact adjacent Federal and non-Federal lands, respectively,
the agency receiving the petition shall (1) notify the other of receipt
and of the anticipated schedule for reaching a decision; and (2)
request and fully consider data, information and views of the other.
The authority to designate State and private lands as unsuitable for
mining is reserved to the State. The authority to designate Federal
lands as unsuitable for mining is reserved to the Secretary or his
designated respresentative.
27. This Agreement may be terminated by the Governor or the Secretary
under the provisions of 30 CFR 745.15.
28. If this Agreement has been terminated in whole or in part it may
be reinstated under the provisions of 30 CFR 745.16.
29. This Agreement may be amended by mutual agreement of the Governor
and the Secretary in accordance with 30 CFR 745.14.
30. The Department or the State may from time to time promulgate new
or revised performance or reclamation requirements or enforcement and
administration procedures. Each party shall, if it determines it to be
necessary to keep this Agreement in force, change or revise its
regulations and request necessary legislative action. Such changes
shall be made under the procedures of 30 CFR part 732 for changes to the
State Program and under the procedures of section 501 of the Act for
changes to the Federal lands program.
31. The MLRD and the Department shall provide each other with copies
of any changes to their respective laws, rules, regulations and
standards pertaining to the enforcement and administration of this
Agreement.
32. Each party to this Agreement shall notify the other, when
necessary, of any changes in personnel, organization and funding or
other changes that will affect the implementation of this Agreement to
ensure coordination of responsibilities and facilitate cooperation.
33. In accordance with 30 CFR 745.13, this Agreement shall not be
construed as waiving or preventing the assertion of any rights that have
not been expressly addressed in this Agreement that the State or the
Secretary may have under other laws or regulations, including but not
limited to those listed in Appendix A.
Dated: September 27, 1982.
Richard D. Lamm, Governor of Colorado.
Dated: September 20, 1982.
Donald Paul Hodel, Acting Secretary of the Interior.
30 CFR 906.30 Appendix A
1. The Federal Land Policy and Management Act, 43 U.S.C. 1701 et
seq., and implementing regulations.
2. The Mineral Leasing Act of 1920, 30 U.S.C. 181 et seq., and
implementing regulations including 30 CFR part 211.
3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321 et
seq., and implementing regulations including 40 CFR part 1500.
4. The Endangered Species Act, 16 U.S.C. 1531 et seq., and
implementing regulations including 50 CFR part 402.
5. The National Historic Preservation Act of 1966, 16 U.S.C. 470 et
seq., and implementing regulations, including 36 CFR part 800.
6. The Clean Air Act, 42 U.S.C. 7401 et seq., and implementing
regulations.
7. The Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq.,
and implementing regulations.
8. The Resource Conservation and Recovery Act of 1976, 42 U.S.C.
6901 et seq., and implementing regulations.
9. The Reservoir Salvage Act of 1960, amended by the Preservation of
Historical and Archaeological Data Act of 1974, 16 U.S.C. 469 et seq.
10. Executive Order 1593 (May 13, 1971), Cultural Resource
Inventories on Federal Lands.
11. Executive Order 11988 (May 24, 1977), for flood plain protection.
Executive Order 11990 (May 24, 1977), for wetlands protection.
12. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351 et
seq., and implementing regulations.
13. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291 et seq.
14. The Constitution of the United States.
15. The Constitution of the State and State Law.
30 CFR 906.30 Appendix B -- Procedure for Cooperative Review of Permit
Application Packages and Applications for Permit Revisions or Renewals
for Federal Coal Mines in Colorado
Permit Applications and Applications for Permit
Revisions or Renewals
A. The Colorado Mined Land Reclamation Division (MLRD) will:
1. Be the point of contact and coordinate communications with the
applicant on issues concerned with the development, review and approval
of the permit application package or application for permit revision or
renewal.
2. Communicate with the applicant on issues of concern to the Office
of Surface Mining (OSM) and promptly advise OSM of such issues and
communications.
3. Provide OSM with a monthly report on the status of each permit
application, or application for permit revision or renewal.
B. OSM will:
1. Be responsible for coordinating the review of the permit
application package with all Federal agencies which have
responsibilities related to approval of the package.
2. Be responsible for ensuring that any information OSM receives
which has a bearing on decisions regarding the permit application
package or application for a permit revision or renewal is sent promptly
to MLRD.
C. Minerals Management Service (MMS) will:
1. Receive any documentation and information required by the 30 CFR
part 211 regulations.
2. Be the point of contact with the applicant on issues concerned
exclusively with the 30 CFR part 211 regulations.
3. Provide MLRD and OSM with copies of pertinent correspondence.
ckage and Applications for Permit
Revision or Renewal
A. MLRD will:
1. Receive from the applicant the appropriate number of copies of the
permit application package, application for a permit revision or
renewal, or the review correspondence from the applicant.
2. Identify an application manager responsible for coordinating the
review and notify OSM.
3. Upon receipt of an application, MLRD will meet with OSM to discuss
the application and agree upon a work plan and schedule.
B. OSM will:
1. Receive from the applicant the appropriate number of copies of the
permit application package, application for a permit revision or
renewal, or the review correspondence from the applicant.
2. Distribute copies of the permit application package and the
identity of the MLRD application manager to other Federal agencies as
required.
C. OSM, MMS and the Federal land management agency (FLMA) will: Each
identify an application manager upon receipt of the application package.
OSM will notify MLRD and all Federal agencies of the identity of the
application managers.
A. MLRD will:
1. Determine the completeness of a permit application package or
application for a permit revision or renewal in accordance with section
34-33-118(1) CRS 1973, as amended and as defined in rule 1.04(30) of the
Regulations of the Colorado Mined Land Reclamation Board for Coal Mining
promulgated pursuant to the Colorado Surface Coal Mining Reclamation
Act.
2. Issue public notice of a complete application in accordance with
the procedures of section 34-33-118(2) CRS 1973, as amended.
Adequacy
A. MLRD will:
1. Consult with MMS, FLMA, OSM, and other appropriate Federal
agencies to review the filed application for preliminary findings of
substantive adequacy (henceforth ''preliminary findings'') and to assess
the need for additional data requirements in their respective areas of
responsibility.
2. Arrange meetings and field examinations with the interested
parties, as necessary, to determine the preliminary findings.
3. Advise the applicant of the preliminary findings upon the advice
and consent of FLMA, MMS, OSM and other Federal agencies specified by
the Secretary.
4. Transmit the letter(s) informing the applicant of the preliminary
findings with copies to FLMA, MMS, OSM and other Federal agencies
specified by the Secretary.
5. Furnish the Director with copies of correspondence with the
applicant and all information received from the applicant as requested.
B. OSM will:
1. At the request of MLRD, assist as possible in the review of the
permit application package or application for a permit revision or
renewal. In any case where assistance has been agreed upon, furnish
MLRD with preliminary findings within 45 calendar days of receipt of the
request.
2. Work with other Federal agencies involved in the review to insure
timely response and resolution of issues of particular concern regarding
their statutory requirements.
3. Within 30 days from notification of completeness, initiate NEPA
compliance procedures and procedures required by other laws which OSM
has responsibility for and has not delegated to the State.
4. Participate, as arranged, in meetings and field examinations.
C. FLMA will:
1. Review the permit application package or application for permit
revision or renewal for preliminary findings as to whether the
applicant's proposed post-mining land use is consistent with FLMA's land
use plan, and as to the adequacy of measures to protect Federal
resources not covered by the rights granted by the Federal coal lease.
2. Furnish OSM with preliminary findings and with any specific
requirements for additional data, within 45 calendar days of FLMA's
receipt of the permit application package or application for a permit
revision or renewal.
3. Participate, as arranged, in meetings and field examinations.
D. MMS will:
1. Review the permit application package or application for a permit
revision or renewal in regard to MLA requirements addressed in such
application.
2. Furnish OSM with preliminary findings and with any specific
requirements for additional data within 45 calendar days of MMS's
receipt of the permit application package or application for a permit
revision or renewal.
3. Participate, as arranged, in meetings and field examinations.
E. Other appropriate Federal agencies specified by the Secretary
will:
1. Review the permit application package or application for a permit
revision or renewal for preliminary findings in regard to their
responsibilities under law.
2. Furnish OSM with preliminary findings within 45 calendar days of
receipt of the application with specific requirements for additional
data.
3. Participate, as arranged, in meetings and field examinations.
A. MLRD will:
1. Develop and coordinate the technical review of the permit
application package or application for a permit revision or renewal.
The review will include representatives of MLRD, MMS, FLMA, OSM and
other appropriate Federal agencies specified by the Secretary.
2. Coordinate with OSM for the purpose of eliminating duplication,
and provide to OSM a complete technical analysis pursuant to the
approved Program that will serve as the technical base for any
Environmental Analysis (EA) or Environmental Impact Statement (EIS)
which may be necessary to determine NEPA compliance for each permit
application package.
3. Coordinate, for the purpose of eliminating duplication, with MMS
to conduct a technical analysis that will assist the MMS in making
findings as may be necessary to determine compliance with the MLA.
4. Coordinate, for the purpose of eliminating duplication, with FLMA
to conduct a technical analysis of issues regarding post-mining land use
and the adequacy of measures to protect Federal resources not covered by
the rights granted by the lease.
5. Coordinate, for the purposes of eliminating duplication, with
other appropriate Federal agencies specified by the Secretary, to
conduct a technical analysis of issues within their jurisdiction.
B. OSM will:
1. At the request of MLRD, assist as possible in the review of the
application for technical adequacy in a timely manner as set forth by a
schedule. Such schedule will be governed by the deadlines set forth in
the Colorado Surface Coal Mining Reclamation Act and shall be developed
by MLRD in cooperation with OSM.
2. Resolve conflicts and difficulties between other Federal agencies
in a timely manner.
3. As soon as possible after receipt of the permit application
package, determine the need for an EA or an EIS, pursuant to NEPA, with
the assistance of FLMA, MMS, MLRD and other appropriate agencies, as
arranged.
4. Publish notices of NEPA documents as required by Federal law and
regulations.
5. Take the leadership role for the development of the EA and EIS
including identification of areas where additional data is necessary.
6. Provide MLRD with the analysis and conclusions of the appropriate
Federal agencies regarding those elements of the package which the
Secretary cannot delegate to the State.
C. MMS will:
1. Review the permit application package or application for a permit
revision or renewal for compliance with 30 CFR part 211.
2. Furnish MLRD, through OSM, findings on compliance in a timely
manner as set forth by schedule. Such schedule will be governed by the
statutory deadlines set forth in the Colorado Surface Coal Mining
Reclamation Act and shall be developed by MLRD in cooperation with MMS.
3. Participate, as arranged, in meetings and field examinations.
D. FLMA will:
1. Determine whether the permit application or application for a
permit revision or renewal provides for post-mining land use consistent
with FLMA's land use plan and determine the adequacy of measures to
protect Federal resources under FLMA's jurisdiction not covered by the
rights granted by the Federal coal lease.
2. Furnish MLRD, through OSM, its determination on the technical
adequacy in a timely manner as set forth by schedule. Such schedule
will be governed by the statutory time limits set forth in the Colorado
Surface Coal Mining Reclamation Act and shall be developed by MLRD in
cooperation with FLMA.
3. Participate, as arranged, in meetings and field examinations.
E. Other appropriate Federal agencies specified by the Secretary
will:
1. Review the permit application package or application for a permit
revision or renewal in regard to their responsibilities under law.
2. Furnish MLRD, through OSM, findings on compliance with other
applicable Federal laws and regulations in a timely manner as set forth
by schedule. Such schedule will be governed by the statutory deadlines
set forth in the Colorado Surface Coal Mining Reclamation Act and shall
be developed in cooperation with MLRD.
3. Participate, as arranged, in meetings and field examinations.
A. MLRD will:
1. Prepare a finding of compliance with the Program as approved by
the Secretary and the regulations promulgated thereunder, which will
consist of an analysis of critical issues raised during the course of
the review and the resolution of those issues.
2. Assist OSM in the preparation of the decision document for the
permit application package or application for a permit revison or
renewal, unless the work plan and schedule agreed upon provides
otherwise. MLRD will provide OSM with:
a. a brief but comprehensive discussion of the need for the proposal
and alternatives to the proposal;
b. a finding of compliance prepared under A.1;
c. all other specific written findings required under section
34-33-114 CRS 1973, as amended.
3. Consider the comments of OSM, MMS, FLMA and other appropriate
Federal agencies when assisting in the preparation of the decision
document.
B. OSM will:
1. Prepare the approved NEPA compliance finding.
2. Prepare the decision document with the assistance of MLRD unless
the work plan and schedule agreed upon provides otherwise. The decision
document shall contain the following:
a. an analysis of the environmental impacts of the proposal and
alternatives to the proposal prepared in compliance with NEPA, CEQ
regulations and OSM's NEPA Compliance Handbook;
b. the determinations and recommendations of FLMA;
c. the memorandum of recommendation from the MMS to the Assistant
Secretary for Energy and Minerals, with regard to MLA requirements;
d. the comments of other appropriate Federal agencies specified by
the Secretary; and
e. the relevant information submitted by MLRD as specified by A.2.
of this Article.
3. Transmit the decision document to the Secretary.
C. FLMA will: Provide written concurrence on the decision document
to OSM with regard to post-mining land use and the adequacy of measures
to protect Federal resources not covered by rights granted by the
Federal coal lease.
D. MMS will: Provide written concurrence on the decision document to
OSM with regard to MMS responsibilities.
E. Other agencies will: Provide written concurrence on the decision
document to OSM with regard to their responsibilities.
A. The Secretary will:
1. Evaluate the analysis and conclusions as necessary to determine
whether he concurs in the decision document insofar as it relates to his
statutorily required decisions.
2. Inform the MLRD immediately of this decision. The reason for not
approving shall be specified and recommendations for remedy shall be
specified.
B. MLRD will:
1. Issue the permit, permit revision, or permit renewal for surface
coal mining and reclamation operations after making a finding of
compliance with the approved Program in the manner set forth in this
Cooperative Agreement.
2. Advise the operator in the permit of the necessity of obtaining
Secretarial approval, for those statutory requirements which have not
been delegated to the State, prior to directly affecting Federal lands,
and if necessary, prohibit the operator from directly affecting Federal
lands under the permit, revised permit, or permit renewal until after
the Secretary's approval has been received.
3. Reserve the right to modify the permit, permit revision, or permit
renewal, when appropriate, in order to resolve conflicts between the
permit requirements and the requirements of other laws, rules and
regulations administered by the Secretary, so that all requirements
placed upon an operation are consistent and uniform.
A. Every effort will be made to resolve errors, omissions and
conflicts on data and data analysis at the State and field level.
B. Areas of disagreement between the State and the Department shall
be referred to the Governor and the Secretary for resolution.
(47 FR 44217, Oct. 6, 1982)
30 CFR 906.30 PART 910 -- GEORGIA
Sec.
910.700 Georgia Federal program.
910.701 General.
910.702 Exemption for coal extraction incidental to the extraction of
other minerals.
910.707 Exemption for coal extraction incident to government-financed
highway or other construction.
910.761 Areas designated unsuitable for surface coal mining by Act of
Congress.
910.762 Criteria for designating areas as unsuitable for surface coal
mining operations.
910.764 Process for designating areas unsuitable for surface coal
mining operations.
910.772 Requirements for coal exploration.
910.773 Requirements for permits and permit processing.
910.774 Revision; renewal; and transfer, assignment, or sale of
permit rights.
910.775 Administrative and judicial review of decisions.
910.777 General content requirements for permit applications.
910.778 Permit applications -- minimum requirements for legal,
financial, compliance, and related information.
910.779 Surface mining permit applications -- minimum requirements
for information on environmental resources.
910.780 Surface mining permit applications -- minimum requirements
for reclamation and operation plan.
910.783 Underground mining permit applications -- minimum
requirements for information on environmental resources.
910.784 Underground mining permit applications -- minimum
requirements for reclamation and operation plan.
910.785 Requirements for permits for special categories of mining.
910.795 Small operator assistance.
910.800 General requirements for bonding of surface coal mining and
reclamation operations.
910.815 Performance standards -- coal exploration.
910.816 Performance standards -- surface mining activities.
910.817 Performance standards -- underground mining activities.
910.819 Special performance standards -- auger mining.
910.823 Special performance standards -- operations on prime
farmland.
910.824 Special performance standards -- mountaintop removal.
910.827 Special performance standards -- coal processing plants and
support facilities not located at or near the minesite or not within the
permit area for a mine.
910.828 Special performance standards -- in situ processing.
910.842 Federal inspections.
910.843 Federal enforcement.
910.845 Civil penalties.
910.846 Individual civil penalties.
910.955 Certification of blasters.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq. ; and Pub. L.
100-34.
Source: 47 FR 36399, Aug. 19, 1982, unless otherwise noted.
30 CFR 910.700 Georgia Federal program.
(a) This part contains all rules that are applicable to surface coal
mining operations in Georgia which have been adopted under the Surface
Mining Control and Reclamation Act of 1977.
(b) The rules in this part cross-reference pertinent parts of the
permanent program regulations in this chapter. The full text of a rule
is in the permanent program rule cited under the relevant section of the
Georgia Federal program.
(c) The rules in this part apply to all surface coal mining
operations in Georgia conducted on non-Federal and non-Indian lands.
The rules in Subchapter D of this chapter apply to operations on Federal
lands in Georgia.
(d) The information collection requirements contained in this part do
not require approval by the Office of Management and Budget under 44
U.S.C. 3507 because there are fewer than ten respondents annually.
(e) The following provisions of Georgia laws provide, where
applicable, for more stringent environmental control and regulation of
surface coal mining operations than do the provisions of the Act and the
regulations in this chapter. Therefore, pursuant to section 505(b) of
the Act, they shall not be construed to be inconsistent with the Act:
(1) Georgia Code Ann. section 56-412 pertaining to limitation of
risks for insurance companies.
(2) Georgia Code Ann. section 414-1306 pertaining to the limitation
on loan amounts made by banks.
(3) Georgia Safe Dams Act of 1978 and the Rules for Dam Safety,
Chapter 391-3-8 of the Rules of the Department of Natural Resources,
Environmental Protection Division.
(4) Chapter 391-34 of the rules of the Department of Natural
Resources, Enviromental Protection Division, pertaining to solid waste
management.
(5) Georgia Seed Laws and Rules and Regulations containing the
Noxious Weed List.
(f) The following are Georgia laws that interfere with the
achievement of the purposes and requirements of the act and are, in
accordance with Section 504(g) of the Act, preempted and superseded:
(1) The Georgia Surface Mining Act of 1968, Georgia Code Ann.
Section 43-1401 et seq., but not to the extent that it regulates surface
coal mining operations which affect two acres or less or are otherwise
not regulated by the Surface Mining Control and Reclamation Act.
(2) Rules for Land Reclamation, Georgia Department of Natural
Resources, Environmental Protection Division, Chapter 391-3-3(1976), but
not to the extent that such regulations apply to surface coal mining
operations which affect two areas or less or are otherwise not regulated
by the Surface Mining Control and Reclamation Act.
(47 FR 36399, Aug. 19, 1982, as amended at 52 FR 13806, Apr. 24,
1987)
30 CFR 910.701 General.
Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701
of this chapter shall apply to surface coal mining operations in
Georgia.
30 CFR 910.702 Exemption for coal extraction incidental to the
extraction of other minerals.
Part 702 of this chapter, Exemption for Coal Extraction Incidental to
the Extraction of Other Minerals, shall apply to any person who conducts
coal extraction incidental to the extraction of other minerals for
purposes of commercial use or sale.
(54 FR 52123, Dec. 20, 1989)
30 CFR 910.707 Exemption for coal extraction incident to
government-financed highway or other construction.
Part 707 of this chapter, Exemption for Coal Extraction Incidental to
Government-Financed Highway or Other Construction, shall apply to
surface coal mining and reclamation operations.
30 CFR 910.761 Areas designated unsuitable for surface coal mining by
Act of Congress.
Part 761 of this chapter, Areas Designated by Act of Congress, shall
apply to surface coal mining and reclamation operations.
30 CFR 910.762 Criteria for designating areas as unsuitable for surface
coal mining operations.
Part 762 of this chapter, Criteria for Designating Areas Unsuitable
for Surface Coal Mining Operations, shall apply to surface coal mine
operations beginning on April 9, 1983.
30 CFR 910.764 Process for designating areas unsuitable for surface
coal mining operations.
Part 764 of this chapter, State Processes for Designating Areas
Unsuitable for Surface Coal Mining Operations, pertaining to
petitioning, initial processing, hearing requirements, decisions, data
base and inventory systems, public information, and regulatory
responsibilities shall apply to surface coal mine operations beginning
on April 9, 1983.
30 CFR 910.772 Requirements for coal exploration.
(a) Part 772 of this chapter, Requirements for Coal Exploration,
shall apply to any person who conducts or seeks to conduct coal
exploration operations.
(b) The Office shall make every effort to act on an exploration
application within 60 days of receipt or such longer time as may be
reasonable under the circumstances. If additional time is needed, OSMRE
shall notify the applicant that the application is being reviewed, but
that more time is necessary to complete such reviews, setting forth the
reasons and the additional time that is needed.
(52 FR 13806, Apr. 24, 1987, as amended at 53 FR 4977, Feb. 19, 1988)
30 CFR 910.773 Requirements for permits and permit processing.
(a) Part 773 of this chapter, Requirements for Permits and Permit
Processing, shall apply to any person who applies for a permit for
surface coal mining and reclamation operations.
(b) In addition to the requirements of part 773, the following permit
application review procedures shall apply:
(1) Any person applying for a permit shall submit five copies of the
application to the Office.
(2) The Office shall review an application for administrative
completeness and acceptability for further review and shall notify the
applicant in writing of the findings. The Office may:
(i) Reject a flagrantly deficient application, notifying the
applicant of the findings;
(ii) Request additional information required for completeness stating
specifically what information must be supplied and negotiate the date by
which the information must be submitted; or
(iii) Judge the application administratively complete and acceptable
for further review.
(3) Should the applicant not submit the information as required by
910.773(b)(2)(ii) by the specified date, the Office may reject the
application. When the applicant submits the required information by the
specified date, the Office shall review it and advise the applicant
concerning its acceptability.
(4) When the application is judged administratively complete, the
applicant shall be advised by the Office to file the public notice
required 773.13 of this chapter.
(5) A representative of the Office shall visit the proposed permit
area to determine whether the operation and reclamation plans are
consistent with actual site conditions. The applicant will be notified
in advance of the time of the visit. At the time of the visit, the
applicant shall have the locations of the proposed permit boundaries,
topsoil storage areas, sediment control structures, roads, and other
significant features contained in the application marked by flags.
(c) In addition to the information required by subchapter G of this
chapter, the Office may require an applicant to submit supplementary
information to ensure compliance with applicable Federal laws and
regulations other than the Act.
(d) Issuance of permits shall also be coordinated with permits issued
pursuant to the Georgia Water Quality Control Act, section 17-501; the
Georgia Solid Waste Management Act, section 43-1681; the Georgia Air
Quality Act of 1973; the Georgia Hazardous Waste Management Act of
1979; the Georgia Groundwater Use Act; and the rules of the Georgia
Fire Safety Commission on blasters' permits.
(e) The Secretary shall provide for coordination of review and
issuance of permits for surface mining and reclamation operations with
applicable requirements of the Georgia Wildflower Preservation Act of
1973, section 43-1801 et seq.; the Georgia Endangered Wildlife Act of
1973, section 43-2101 et seq.; the Georgia Heritage Trust Act of 1975,
section 43-2301 et seq.; and the Georgia Cave Protection Act of 1977,
section 43-2501 et seq.
(52 FR 13806, Apr. 24, 1987)
30 CFR 910.774 Revision; renewal; and transfer, assignment, or sale
of permit rights.
(a) Part 774 of this chapter, Revision; Renewal; and Transfer,
Assignment, or Sale of Permit Rights, shall apply to any such actions
involving surface coal mining and reclamation operations permits.
(b) Any revision to the approved permit will be subject to review and
approval by OSMRE.
(1) Significant revisions shall be processed as if they are new
applications in accordance with the public notice and hearing provisions
of 773.13, 773.19(b) (1) and (2), and 778.21 and of part 775.
(2) OSMRE shall make every effort to approve or disapprove an
application for permit revision within 60 days of receipt or such longer
time as may be reasonable under the circumstances. If additional time
is needed, OSMRE shall notify the applicant that the application is
being reviewed, but more time is necessary to complete such review,
setting forth the reasons and the additional time that is needed.
(c) In addition to the requirements of part 774 of this chapter, any
person having an interest which is or may be adversely affected by a
decision on the transfer, assignment, or sale of permit rights,
including an official of any Federal, State, or local government agency,
may submit written comments on the application to the Office within
thirty days of either the publication of the newspaper advertisement
required by 774.17(b)(2) of this chapter or receipt of an
administratively complete application, whichever, is later.
(52 FR 13807, Apr. 24, 1987)
30 CFR 910.775 Administrative and judicial review of decisions.
Part 775 of this chapter, Administrative and Judicial Review of
Decisions, shall apply to all decisions on permits.
(52 FR 13807, Apr. 24, 1987)
30 CFR 910.777 General content requirements for permit applications.
Part 777 of this chapter, General Content Requirements for Permit
applications, shall apply to any person who applies for a permit to
conduct surface coal mining and reclamation operations.
(52 FR 13807, Apr. 24, 1987)
30 CFR 910.778 Permit applications -- minimum requirements for legal,
financial, compliance, and related information.
Part 778 of this chapter, Permit Applications -- Minimum Requirements
for Legal, Financial, Compliance, and Related Information, shall apply
to any person who applies for a permit to conduct surface coal mining
and reclamation operations.
(52 FR 13807, Apr. 24, 1987)
30 CFR 910.779 Surface mining permit applications -- minimum
requirements for information on environmental resources.
Part 779 of this chapter, Surface Mining Permit Applications --
Minimum Requirements for Information on Environmental Resources, shall
apply to any person who makes application to conduct surface coal mining
and reclamation operations.
30 CFR 910.780 Surface mining permit applications -- minimum
requirements for reclamation and operation plan.
(a) Part 780 of this chapter, Surface Mining Permit Applications --
Minimum Requirement for Reclamation and Operation Plan, shall apply to
any person who makes application to conduct surface coal mining and
reclamation operations.
(b) The application for a permit shall also demonstrate compliance
with the air quality control standards in Chapter 391-3-1 of the Rules
and Regulations for Air Quality Control of the Georgia Department of
Natural Resources.
30 CFR 910.783 Underground mining permit applications -- minimum
requirements for information on environmental resources.
Part 783 of this chapter, Underground Mining Permit Applications --
Minimum Requirements for Information on Environmental Resources, shall
apply to any person who submits an application to conduct underground
mining operations.
30 CFR 910.784 Underground mining permit applications -- minimum
requirements for reclamation and operation plan.
(a) Part 784 of this chapter, Underground Mining Permit Applications
-- Minimum Requirements for Reclamation and Operation Plan, shall apply
to any person who makes application to conduct underground mining.
(b) The applicant for a permit to conduct underground mining
operations shall demonstrate compliance with Chapter 391-3-1 of the
Rules and Regulations of the Georgia Department of Natural Resources.
30 CFR 910.785 Requirements for permits for special categories of
mining.
Part 785 of this chapter, Requirements for Permits for Special
Categories of Mining, shall apply to each person who makes application
for a permit to conduct certain categories of surface coal mining and
reclamation operations.
30 CFR 910.795 Small operator assistance.
Part 795 of this chapter, Small Operator Assistance, shall apply to
any person making application for assistance under the small operator
assistance program.
30 CFR 910.800 General requirements for bonding of surface coal mining
and reclamation operations.
Part 800 of this chapter, General Requirements for Bonding of Surface
Coal Mining and Reclamation Operations Under Regulatory Programs, shall
apply to all surface coal mining and reclamation operations.
30 CFR 910.815 Performance standards -- coal exploration.
Part 815 of this chapter, Permanent Program Performance Standards --
Coal Exploration, shall apply to any person conducting coal exploration
operations.
30 CFR 910.816 Performance standards -- surface mining activities.
(a) Part 816 of this chapter, Permanent Program Performance Standards
-- Surface Mining Activities, shall apply to any person who conducts
surface coal mining and reclamation operations.
(b) No person shall conduct surface coal mining operations except in
compliance with the Georgia Safe Dams Act and Rules for Safety of the
Natural Resources, Environmental Protection Division; the Solid Waste
Management Rules of the Georgia Department of Natural Resources,
Environmental Protection Division, Chapter 391-3-4; and the Georgia
Seed Laws and Regulation 4.
(47 FR 36399, Aug. 19, 1982, as amended at 52 FR 13807, Apr. 24,
1987)
30 CFR 910.817 Performance standards -- underground mining activities.
(a) Part 817 of this chapter, Permanent Program Performance Standards
-- Underground Mining Activities, shall apply to any person who conducts
underground mining operations.
(b) No person shall conduct surface coal mining operations except in
compliance with the Georgia Safe Dams Act and Rules for Safety of the
Natural Resources, Environmental Protection Division; the Solid Waste
Management Rules of the Georgia Department of Natural Resources,
Environmental Protection Division, Chapter 391-3-4; and the Georgia
Seed Laws and Regulation 4.
(47 FR 36399, Aug. 19, 1982, as amended at 52 FR 13807, Apr. 24,
1987)
30 CFR 910.819 Special performance standards -- auger mining.
Part 819 of this chapter, Special Permanent Program Performance
Standards -- Auger Mining, shall apply to any person who conducts
surface coal mining operations which include auger mining.
30 CFR 910.823 Special performance standards -- operations on prime
farmland.
Part 823 of this chapter, Special Permanent Program Performance
Standards -- Operations on Prime Farmland, shall apply to any person who
conducts surface coal mining and reclamation operations on prime
farmlands.
30 CFR 910.824 Special performance standards -- mountaintop removal.
Part 824 of this chapter, Special Permanent Program Performance
Standards -- Mountaintop Removal, shall apply to any person who conducts
surface coal mining operations constituting mountaintop removal mining.
30 CFR 910.827 Special performance standards -- coal processing plants
and support facilities not located at or near the minesite or not within
the permit area for a mine.
Part 827 of this chapter, Special Permanent Program Performance
Standards -- Coal Processing Plants and Support Facilities Not Located
at or Near the Minesite or Not Within the Permit Area for a Mine, shall
apply to any person who conducts surface coal mining and reclamation
operations which includes the operation of coal processing plants and
support facilities not located at or near the minesite or not within the
permit area for a mine.
30 CFR 910.828 Special performance standards -- in situ processing.
Part 828 of this chapter, Special Permanent Program Performance
Standards -- In Situ Processing, shall apply to any person who conducts
in situ processing activities.
30 CFR 910.842 Federal inspections.
(a) Part 842 of this chapter, Federal Inspections, shall apply to all
exploration and surface coal mining and reclamation operations.
(b) The Office will furnish a copy of any inspection report or
enforcement action taken to the Georgia Department of Natural Resources
upon request.
30 CFR 910.843 Federal enforcement.
(a) Part 843 of this chapter, Federal Enforcement, shall apply when
enforcement action is required for violations on surface coal mining and
reclamation operations.
(b) The Office will furnish a copy of each enforcement action and
order to show cause issued pursuant to this section to the Georgia
Department of Natural Resources upon request.
30 CFR 910.845 Civil penalties.
Part 845 of this chapter, Civil Penalties, shall apply when civil
penalties are assessed for violations on surface coal mining and
reclamation operations.
30 CFR 910.846 Individual civil penalties.
Part 846 of this chapter, Individual Civil Penalties, shall apply to
the assessment of individual civil penalties under section 518(f) of the
Act.
(53 FR 3676, Feb. 8, 1988)
30 CFR 910.955 Certification of blasters.
Part 955 of this chapter, Certification of Blasters in Federal
Program States and on Indian Lands, shall apply to the training,
examination and certification of blasters for surface coal mining and
reclamation operations.
(51 FR 19461, May 29, 1986)
30 CFR 910.955 PART 912 -- IDAHO
Sec.
912.700 Idaho Federal program.
912.701 General.
912.702 Exemption for coal extraction incidental to the extraction of
other minerals.
912.707 Exemption for coal extraction incident to Government-financed
highway or other construction.
912.761 Areas designated unsuitable for surface coal mining by act of
Congress.
912.762 Criteria for designating areas as unsuitable for surface coal
mining operations.
912.764 Process for designating areas unsuitable for surface coal
mining operations.
912.772 Requirements for coal exploration.
912.773 Requirements for permits and permit processing.
912.774 Revision; renewal; and transfer, assignment, or sale of
permit rights.
912.775 Administrative and judicial review of decisions.
912.777 General content requirements for permit applications.
912.778 Permit applications -- minimum requirements for legal,
financial, compliance, and related information.
912.779 Surface mining permit applications -- minimum requirements
for information on environmental resources.
912.780 Surface mining permit applications -- minimum requirements
for reclamation and operation plan.
912.783 Underground mining permit applications -- minimum
requirements for information on environmental resources.
912.784 Underground mining permit applications -- minimum
requirements for reclamation and operation plan.
912.785 Requirements for permits for special categories of mining.
912.795 Small operator assistance.
912.800 General requirements for bonding of surface coal mining and
reclamation operations.
912.815 Performance standards -- coal exploration.
912.816 Performance standards -- surface mining activities.
912.817 Performance standards -- underground mining activities.
912.819 Special performance standards -- auger mining.
912.822 Special performance standards -- operations in alluvial
valley floors.
912.823 Special performance standards -- operations on prime
farmland.
912.824 Special performance standards -- mountaintop removal.
912.827 Special performance standards -- coal processing plants and
support facilities not located at or near the minesite or not within the
permit area for a mine.
912.828 Special performance standards In situ processing.
912.842 Federal inspections.
912.843 Federal enforcement.
912.845 Civil penalties.
912.846 Individual civil penalties.
912.955 Certification of blasters.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq. ; and Pub. L.
100-34.
Source: 48 FR 16222, Apr. 14, 1983, unless otherwise noted.
30 CFR 912.700 Idaho Federal program.
(a) This part contains all rules that are applicable to surface coal
mining operations in Idaho which have been adopted under the Surface
Mining Control and Reclamation Act of 1977.
(b) The rules in this part cross-reference pertinent parts of the
permanent program regulations in this chapter. The full text of a rule
is in the permanent program rule cited under the relevant section of the
Idaho Federal program.
(c) The rules in this part apply to all surface coal mining
operations in Idaho conducted on non-Federal and non-Indian lands. The
rules in Subchapter D of this chapter apply to operations on Federal
lands in Idaho.
(d) The recordkeeping and reporting requirements of this part are the
same as those of the permanent program regulations which have been
approved by the Office of Management and Budget under 44 U.S.C. 3507.
(e) The following provisions of Idaho laws provide, where applicable,
for more stringent environmental control and regulation of surface coal
mining operations than do the provisions of the Act and the regulations
in this chapter. Therefore, pursuant to Section 505(b) of the Act, they
shall not be construed to be inconsistent with the Act.
(1) Idaho Code Section 47-1503(20) pertaining to the definition of
''operator.''
(2) Idaho Code Section 47-1509(c) regarding reclamation of disturbed
land of less than 2 acres.
(3) Idaho Code Section 47-1513(c) providing for assessment of
anticipated costs of reclamation against an operator.
(4) Idaho Code Sections 47-1513 (f) and (g) providing for assessment
of civil penalties in addition to bond forfeiture.
(5) Idaho Code Sections 47-1301 et seq. and Rules 1 through 20
promulgated thereunder pertaining to regulation of dredge mining.
(6) Idaho Code Sections 18-4301 and 18-7019 providing for punishment
for interference with water sources used in mining operations.
(7) Idaho Code Section 42-1713 requiring a fee to be paid by each
owner of a dam, reservoir or mine tailing impoundment structure.
(8) Idaho Code Section 42-1718 (Supp.) providing for assessment
against an operator for costs incurred in correction deficiencies in
dams and impoundment structures.
(f) The following Idaho statute and regulations interfere with the
achievement of the purposes and goals of the Act. Therefore, in
accordance with section 504(g) of the Act, they are preempted and
superseded with respect to surface coal mining and reclamation, except
as they apply to surface coal mining operations affecting two acres or
less, or which otherwise are not regulated by the Surface Mining Control
and Reclamation Act:
The Idaho Surface Mining Act, Idaho Code Sections 47-1501 -- 47-1524,
as amended, and all regulations issued thereunder (with the exception of
Sections 47-1503(20), 47-1509(c), 47-1513(c), and 47-1513 (f) and (g),
and all regulations issued thereunder).
(48 FR 16222, Apr. 14, 1983, as amended at 52 FR 13807, Apr. 24,
1987)
30 CFR 912.701 General.
Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701
of this chapter shall apply to surface coal mining and reclamation
operations in Idaho.
30 CFR 912.702 Exemption for coal extraction incidental to the
extraction of other minerals.
Part 702 of this chapter, Exemption for Coal Extraction Incidental to
the Extraction of Other Minerals, shall apply to any person who conducts
coal extraction incidental to the extraction of other minerals for
purposes of commercial use or sale.
(54 FR 52123, Dec. 20, 1989)
30 CFR 912.707 Exemption for coal extraction incident to
Government-financed highway or other construction.
Part 707 of this chapter, Exemption for Coal Extraction Incident to
Government-Financed Highway or Other Construction, shall apply to
surface coal mining and reclamation operations.
30 CFR 912.761 Areas designated unsuitable for surface coal mining by
act of Congress.
Part 761 of this chapter, Areas Designated by Act of Congress, shall
apply to surface coal mining and reclamation operations.
30 CFR 912.762 Criteria for designating areas as unsuitable for surface
coal mining operations.
Part 762 of this chapter, Criteria for Designating Areas Unsuitable
for Surface Coal Mining Operations, shall apply to surface mining and
reclamation operations.
30 CFR 912.764 Process for designating areas unsuitable for surface
coal mining operations.
Part 764 of this chapter, State Processes for Designating Areas
Unsuitable for Surface Coal Mining Operations, pertaining to
petitioning, initial processing, hearing requirements, decisions, data
base and inventory systems, public information, and regulatory
responsibilities shall apply to surface coal mining and reclamation
operations.
30 CFR 912.772 Requirements for coal exploration.
(a) Part 772 of this chapter, Requirements for Coal Exploration,
shall apply to any person who conducts or seeks to conduct coal
exploration operations.
(b) The Office shall make every effort to act on an exploration
application within 60 days of receipt or such longer time as may be
reasonable under the circumstances. If additional time is needed, OSMRE
shall notify the applicant that the application is being reviewed, but
more time is necessary to complete such review, setting forth the
reasons and the additional time that is needed.
(52 FR 13807, Apr. 24, 1987)
30 CFR 912.773 Requirements for permits and permit processing.
(a) Part 773 of this chapter, Requirements for Permits and Permit
Processing, shall apply to any person who applies for a permit for
surface coal mining and reclamation operations.
(b) In addition to the requirements of part 773, the following permit
application review procedures shall apply:
(1) Any person applying for a permit shall submit five copies of the
application to the Office.
(2) The Office shall review an application for administrative
completeness and acceptability for further review and shall notify the
applicant in writing of the findings. The Office may:
(i) Reject a flagrantly deficient application, notifying the
applicant of the findings:
(ii) Request additional information required for completeness stating
specifically what information must be supplied and negotiate the date by
which the information must be submitted; or
(iii) Judge the application administratively complete and acceptable
for further review.
(3) Should the applicant not submit the information as required by
912.773(b)(2)(ii) by the specified date, the office may reject the
application. When the applicant submits the required information by the
specified date, the Office shall review it and advise the applicant
concerning its acceptability.
(4) When the application is judged administratively complete, the
applicant shall be advised by the Office to file the public notice
required by 773.13 of this chapter.
(5) A representative of the Office shall visit the proposed permit
area to determine whether the operation and reclamation plans are
consistent with actual site conditions. The applicant will be notified
in advance of the time of the visit. At the time of the visit, the
applicant shall have the locations of the proposed permit boundaries,
topsoil storage areas, sediment control structures, roads, and other
significant features contained in the application marked by flags.
(c) In addition to the information required by subchapter G of this
chapter, the Office may require an applicant to submit supplementary
information to ensure compliance with applicable Federal laws and
regulations other than the Act.
(d) Where applicable, no person shall conduct surface coal
exploration operations which result in the removal of more than 250 tons
in one location, or surface coal mining operations without permits
issued and/or certificates required by the State of Idaho, pursuant to
Idaho Code sections 47-704, 47-1317, 47-1318, 47-1319, 47-1317 (Supp.),
and 39-101 et seq. (Supp.).
(52 FR 13808, Apr. 24, 1987)
30 CFR 912.774 Revision; renewal; and transfer, assignment, or sale
of permit rights.
(a) Part 774 of this chapter, Revision; Renewal; and Transfer,
Assignment, or Sale of Permit Rights, shall apply to any such actions
involving surface coal mining and reclamation operations permits.
(b) Any revision to the approved permit will be subject to review and
approval by OSMRE.
(1) Significant revisions shall be processed as if they were new
applications in accordance with the public notice and hearing provisions
of 773.13, 773.19(b)(1) and (b)(2), and 778.21 and of part 775.
(2) OSMRE shall make every effort to approve or disapprove an
application for permit revision within 60 days of receipt or such longer
time as may be reasonable under the circumstances. If additional time
is needed, OSMRE shall notify the applicant that the application is
being reviewed, but more time is necessary to complete such review,
setting forth the reasons and the additional time that is needed.
(c) In addition to the requirement of part 774 of this chapter, any
person having an interest which is or may be adversely affected by a
decision on the transfer, assignment, or sale of permit rights,
including an official of any Federal, State, or local government agency,
may submit written comments on the application to the Office within
thirty days of either the publication of the newspaper advertisement
required by 774.17(b)(2) of this chapter or receipt of an
administratively complete application, whichever is later.
(52 FR 13808, Apr. 24, 1987)
30 CFR 912.775 Administrative and judicial review of decisions.
Part 775 of this chapter, Administrative and Judicial Review of
Decisions, shall apply to all decisions on permits.
(52 FR 13808, Apr. 24, 1987)
30 CFR 912.777 General content requirements for permit applications.
Part 777 of this chapter, General Content Requirements for Permit
Applications, shall apply to any person who applies for a permit to
conduct surface coal mining and reclamation operations.
(52 FR 13808, Apr. 24, 1987)
30 CFR 912.778 Permit applications -- minimum requirements for legal,
financial, compliance, and related information.
Part 778 of this chapter, Permit Applications -- Minimum Requirements
for Legal, Financial, Compliance and Related Information, shall apply to
any person who applies for a permit to conduct surface coal mining and
reclamation operations.
(52 FR 13808, Apr. 24, 1987)
30 CFR 912.779 Surface mining permit applications -- minimum
requirements for information on environmental resources.
Part 779 of this chapter, Surface Mining Permit Applications --
Minimum Requirements for Information on Environmental Resources, shall
apply to any person who makes application to conduct surface coal mining
and reclamation operations.
30 CFR 912.780 Surface mining permit applications -- minimum
requirements for reclamation and operation plan.
Part 780 of this chapter, Surface Mining Permit Applications --
Minimum Requirements for Reclamation and Operation Plan, shall apply to
any person who makes application to conduct surface coal mining and
reclamation operations.
30 CFR 912.783 Underground mining permit applications -- minimum
requirements for information on environmental resources.
Part 783 of this chapter, Underground Mining Permit Applications --
Minimum Requirements for Information on Environmental Resources, shall
apply to any person who submits an application to conduct underground
coal mining operations.
30 CFR 912.784 Underground mining permit applications -- minimum
requirements for reclamation and operation plan.
Part 784 of this chapter, Underground Mining Permit Applications --
Minimum Requirements for Reclamation and Operation Plan, shall apply to
any person who makes application to conduct underground coal mining.
30 CFR 912.785 Requirements for permits for special categories of
mining.
Part 785 of this chapter, Requirements for Permits for Special
Categories of Mining, shall apply to each person who makes application
for a permit to conduct certain categories of surface coal mining and
reclamation operations as specified therein.
30 CFR 912.795 Small operator assistance.
Part 795 of this chapter, Small Operator Assistance, shall apply to
any person making application for assistance under the small operator
assistance program.
30 CFR 912.800 General requirements for bonding of surface coal mining
and reclamation operations.
Part 800 of this chapter, General Requirements for Bonding of Surface
Coal Mining and Reclamation Operations Under Regulatory Programs, shall
apply to all surface coal mining and reclamation operations.
30 CFR 912.815 Performance standards -- coal exploration.
Part 815 of this chapter, Permanent Program Performance Standards --
Coal Exploration, shall apply to any person conducting coal exploration
operations.
30 CFR 912.816 Performance standards -- surface mining activities.
Part 816 of this chapter, Permanent Program Performance Standards --
Surface Mining Activities, shall apply to any person who conducts
surface coal mining and reclamation operations.
30 CFR 912.817 Performance standards -- underground mining activities.
Part 817 of this chapter, Permanent Program Performance Standards --
Underground Mining Activities, shall apply to any person who conducts
underground coal mining operations.
30 CFR 912.819 Special performance standards -- auger mining.
Part 819 of this chapter, Special Permanent Program Performance
Standards -- Auger Mining, shall apply to any person who conducts
surface coal mining operations which include auger mining.
30 CFR 912.822 Special performance standards -- operations in alluvial
valley floors.
Part 822 of this chapter, Special Permanent Program Performance
Standards -- Operations in Alluvial Valley Floors, shall apply to any
person who conducts surface coal mining and reclamation operations on
alluvial valley floors.
30 CFR 912.823 Special performance standards -- operations on prime
farmland.
Part 823 of this chapter, Special Permanent Program Performance
Standards -- Operations on Prime Farmland, shall apply to any person who
conducts surface coal mining and reclamation operations on prime
farmlands.
30 CFR 912.824 Special performance standards -- mountaintop removal.
Part 824 of this chapter, Special Permanent Program Performance
Standards -- Mountaintop Removal, shall apply to any person who conducts
surface coal mining operations constituting mountaintop removal mining.
30 CFR 912.827 Special performance standards -- coal processing plants
and support facilities not located at or near the minesite or not within
the permit area for a mine.
Part 827 of this chapter, Special Permanent Program Performance
Standards -- Coal Processing Plants and Support Facilities Not Located
at or Near the Minesite or Not Within the Permit Area for a Mine, shall
apply to any person who conducts surface coal mining and reclamation
operations which includes the operation of coal processing plants and
support facilities not located at or near the minesite or not within the
permit area for a mine.
30 CFR 912.828 Special performance standards -- in situ processing.
Part 828 of this chapter, Special Permanent Program Performance
Standards -- In Situ Processing, shall apply to any person who conducts
in situ processing activities.
30 CFR 912.842 Federal inspections.
(a) Part 842 of this chapter, Federal Inspections, shall apply to all
exploration and surface coal mining and reclamation operations.
(b) The Secretary will furnish a copy of each inspection report
regarding inspections conducted pursuant to this section to the Office
of the Idaho Attornery General upon request.
30 CFR 912.843 Federal enforcement.
(a) Part 843 of this chapter, Federal Enforcement, shall apply when
enforcement action is required for violations on surface coal mining and
reclamation operations.
(b) The Office will furnish a copy of each enforcement action and
order to show cause issued pursuant to this section to the Office of the
Idaho Attorney General upon request.
30 CFR 912.845 Civil penalties.
Part 845 of this chapter, Civil Penalties, shall apply when civil
penalties are assessed for violations on surface coal mining and
reclamation operations.
30 CFR 912.846 Individual civil penalties.
Part 846 of this chapter, Individual Civil Penalties, shall apply to
the assessment of individual civil penalties under section 518(f) of the
Act.
(53 FR 3676, Feb. 8, 1988)
30 CFR 912.955 Certification of blasters.
Part 955 of this chapter, Certification of Blasters in Federal
Program States and on Indian Lands, shall apply to the training,
examination and certification of blasters for surface coal mining and
reclamation operations.
(51 FR 19462, May 29, 1986)
30 CFR 912.955 PART 913 -- ILLINOIS
Sec.
913.1 Scope.
913.10 State regulatory program approval.
913.15 Approval of regulatory program amendments.
913.16 Required regulatory program amendments.
913.17 State regulatory program provisions and amendments
disapproved.
913.20 Approval of Illinois abandoned mine land reclamation plan.
913.25 Approval of Abandoned Mine Land Reclamation Plan Amendments.
913.30 State-Federal cooperative agreement.
Authority: 30 U.S.C. 1201 et seq.; and Pub. L. 100-34.
30 CFR 913.1 Scope.
This part contains all rules applicable only within Illinois that
have been adopted under the Surface Mining Control and Reclamation Act
of 1977.
(47 FR 23883, June 1, 1982)
30 CFR 913.10 State regulatory program approval.
The Illinois State program, as submitted on March 3, 1980, as amended
and clarified on June 16, 1980, as resubmitted on December 22, 1981, and
clarified in a meeting with OSM on March 18 and 19, 1982, in material
submitted April 13, 1982, and in the letter to the Director of OSM, is
conditionally approved effective June 1, 1982. Beginning on that date,
the Department of Mines and Minerals, Division of Land Reclamation shall
be deemed the regulatory authority in Illinois for all surface coal
mining and reclamation operations and all exploration operations on
non-Federal and non-Indian lands. Only surface coal mining and
reclamation operations on non-Federal and non-Indian lands shall be
subject to the provisions of the Illinois permanent regulatory program.
Copies of the approved program, together with copies of the letter of
the Department of Mines and Minerals agreeing to the conditions of 30
CFR 913.11, are available at:
Illinois Department of Mines and Minerals, Division of Land
Reclamation, 300 West Jefferson, Suite 300, Springfield, Illinois
62791-0197.
Illinois Department of Mines and Minerals, Division of Land
Reclamation, Southern District Field Office, 2 Coal Development Park,
Carterville, Illinois 62918.
Office of Surface Mining Reclamation and Enforcement, 511 West
Capitol, Suite 202, Springfield, Illinois 62704.
(47 FR 23883, June 1, 1982, as amended at 56 FR 20538, May 6, 1991)
30 CFR 913.15 Approval of regulatory program amendments.
(a) The following amendment was approved effective November 23, 1982:
Illinois revised rule 1823.14(a), adopted August 13, 1982.
(b) The following amendments were approved effective May 25, 1983:
Illinois revised rules 1816.64(a) and 1807.11(d), adopted December 10,
1982.
(c) The following amendment that was submitted to OSM July 27, 1983
is approved effective upon promulgation of the revised rule by the
State, provided the rule is adopted in identical form as submitted to
OSM: Illinois revised rule 1786.19(h).
(d) The following amendments submitted to OSM on August 11, 1983, are
approved effective upon publication of the revised rules by the State,
provided the rules are adopted in identical form as submitted to OSM:
Illinois revised rules 1817.65 and 1843.12.
(e) The following amendment submitted to OSM on March 16, 1984, and
modified on July 19, 1984, is approved effective upon promulgation of
the revised rule by the State, provided the rule adopted is identical to
the rule submitted to and reviewed by OSM: Illinois revised rule
1785.17(a).
(f) The following amendment submitted to OSM on September 27, 1984,
is approved effective upon promulgation of the revised rule by the
State, provided the rule is adopted in identical form as submitted to
OSM: Illinois Administrative Code Secs. 1816.190 and 1817.190.
(g) The following amendments submitted to OSM on December 23, 1983,
and modified on March 29, 1985 and August 16, 1985, are approved
effective October 30, 1985. Illinois Administrative Code Part 1850.
(h) The following amendments submitted to OSMRE on May 21, 1985, as
modified on June 2, 1986, are approved effective January 1, 1987:
Illinois Administrative Code Title 62: Mining Chapter I: Regulations
of the Illinois Department of Mines and Minerals; Parts 1816.111-117,
Parts 1817.111-117, Part 1823, and Part 1825.
(i) The following amendment submitted to OSMRE by Illinois on March
28, 1986, as modified and resubmitted on May 22, 1987, is approved
effective October 25, 1988 with the exceptions identified herein and in
913.17: Revision, addition and repeal, as indicated, of the following
parts of Chapter I of Title 62 of the Illinois Administrative Code:
Part 1700 -- General (revised)
Part 1701 -- General Definitions (revised), except:
(1) The definition of ''valid existing rights'' and
(2) The definition of ''previously mined area'' to the extent that it
includes lands subject to the reclamation standards of SMCRA.
Part 1705 -- Restriction on Financial Interests of State Employees
(revised)
Part 1760 -- General Areas Unsuitable for Mining (repealed)
Part 1761 -- Areas Designated by Act of Congress (revised), except
for those provisions in 1761.11(c) and 1761.12(e)(1) excluding
protection for privately owned sites listed on the National Register of
Historic Places
Part 1762 -- Criteria for Designating Areas As Unsuitable for Surface
Coal Mining Operations (revised)
Part 1764 -- State Processes for Designating Areas Unsuitable for
Surface Coal Mining Operations (revised)
Part 1770 -- General Requirements for Permit and Exploration
Procedure Systems under Regulatory Programs (repealed)
Part 1771 -- General Requirements for Permits and Permit Applications
(repealed)
Part 1772 -- Requirements for Coal Exploration (added)
Part 1773 -- Requirements for Permits and Permit Processing (added)
Part 1774 -- Revision; Renewal; and Transfer, Assignment, or Sale
of Permit Rights (added)
Part 1775 -- Administrative and Judicial Review of Decisions (added)
Part 1776 -- General Requirements for Coal Exploration (repealed)
Part 1777 -- General Content Requirements for Permit Applications
(added)
Part 1778 -- Permit Applications: Minimum Requirements for Legal,
Financial, Compliance, and Related Information (revised)
Part 1779 -- Surface Mining Permit Applications: Minimum
Requirements for Information on Environmental Resources (revised)
Part 1780 -- Surface Mining Permit Applications: Minimum
Requirements for Reclamation and Operation Plan (revised)
Part 1782 -- Underground Mining Permit Applications: Minimum
Requirements for Legal, Financial, Compliance and Related Information
(repealed)
Part 1783 -- Underground Mining Permit Applications: Minimum
Requirements for Information on Environmental Resources (revised)
Part 1784 -- Underground Mining Permit Applications: Minimum
Requirements for Reclamation and Operation Plan (revised)
Part 1785 -- Requirements for Permits for Special Categories of
Mining (revised)
Part 1786 -- Review, Public Participation and Approval and
Disapproval of Permit Applications and Permit Terms and Conditions
(repealed)
Part 1787 -- Administrative and Judicial Review of Decisions by
Regulatory Authority on Permit Applications (repealed)
Part 1788 -- Permit Reviews, Revisions and Renewals and Transfer,
Sale and Assignment of Rights Granted Under Permits (repealed)
Part 1795 -- Small Operator Assistance (revised)
Part 1800 -- Bonding and Insurance Requirements for Surface Coal
Mining and Reclamation Operations (revised)
Part 1801 -- Bonding Requirements for Underground Coal Mines, Coal
Processing Plants, Associated Structures, and Other Coal-Related
Long-Term Facilities and Structures (repealed)
Part 1805 -- Amount and Duration of Performance Bond (repealed)
Part 1806 -- Form, Conditions and Terms of Performance Bonds and
Liability Insurance (repealed)
Part 1807 -- Procedures, Criteria and Schedule for Release of
Performance Bond (repealed)
Part 1808 -- Performance Bond Forfeiture Criteria and Procedures
(repealed)
Part 1815 -- Permanent Program Performance Standards: Coal
Exploration (revised)
Part 1816 -- Permanent Program Performance Standards: Surface Mining
Activities (revised)
Part 1817 -- Permanent Program Performance Standards: Underground
Mining Operations (revised)
Part 1818 -- Special Permanent Program Performance Standards:
Concurrent Surface and Underground Mining (repealed)
Part 1819 -- Special Permanent Program Performance Standards: Auger
Mining (revised)
Part 1824 -- Special Permanent Program Performance Standards:
Mountaintop Removal (revised)
Part 1825 -- Special Permanent Program Performance Standards:
Operations on High Capability Lands (revised)
Part 1826 -- Special Permanent Program Performance Standards:
Operations on Steep Slopes (repealed)
Part 1827 -- Special Permanent Program Performance Standards: Coal
Preparation Plants Not Located Within the Permit Area for a Mine
(revised)
Part 1828 -- Special Permanent Program Performance Standards: In
Situ Processing (revised)
Part 1840 -- Department Inspections (revised)
Part 1843 -- State Enforcement (revised)
Part 1845 -- Civil Penalties (revised)
(j) The following amendment submitted to OSMRE by Illinois on March
28, 1986, as modified and resubmitted on May 22, 1987, is approved
effective January 4, 1989 with the exceptions identified herein and in
913.17 of this part: Revision of the definition of ''valid existing
rights'' in Part 1701 of Chapter I of Title 62 of the Illinois
Administrative Code, except to the extent that the revised definition
would allow claims of valid existing rights, under the ''needed for and
adjacent'' test, for lands for which the applicant obtained the
requisite property rights after August 3, 1977.
(k) The following amendments submitted to OSM on July 17, 1989, are
approved effective August 29, 1990, with the exceptions identified
herein. The amendments consist of the following modifications to the
Illinois program:
(1) Revisions of the following rules of title 62 of the Illinois
Administrative Code:
1700.11 Applicability of Regulations
1701 Definitions
1761.11 Areas Where Mining is Prohibited or Limited
1761.12 Procedures for Identifying Areas Where Mining is Prohibited
1772.12 Permit Requirements for Coal Exploration
1773.11 Requirements to Obtain Permits
1773.15 Review of Permit Applications
1773.17 Permit Conditions
1773.19 Permit Issuance and Right of Renewal
1774.15 Permit Renewals
1774.17 Transfer, Sale, or Assignment of Permit Rights
1778.13 Permit Application Requirements for Identification of
Interests
1778.14 Permit Applicant Requirements for Violation Information
1779.12 Surface Mining Permit Application Requirements for
Environmental Resources Information
1780.16 Surface Mining Permit Application Requirements for Fish and
Wildlife Plan
1780.21 Surface Mining Permit Application Requirements for Hydrologic
Information
1780.31 Surface Mining Permit Application Requirements for Protection
of Public Parks and Historic Places
1783.12 Underground Mining Permit Application Requirements for
Environmental Resources Information
1784.14 Underground Mining Permit Application Requirements for
Hydrologic Information
1784.17 Underground Mining Permit Application Requirements for
Protection of Public Parks and Historic Places
1784.21 Underground Mining Permit Application Requirements for Fish
and Wildlife Plan
1800.21 Bonding and Insurance Requirements; Collateral Bonds
1800.40 Requirements to Release Performance Bonds
1800.60 Terms and Conditions for Liability Insurance
1816.49 Permanent Program Performance Standards for Surface Mining
Activities; Impoundments (except for the deferral of the exemption for
impoundments of five feet or less in height and twenty acre-feet or less
in volume contained in 1816.49(a)(10)(B))
1816.61 Use of Explosives; General Requirements
1816.64 Use of Explosives; Public Notice
1816.67 Use of Explosives; Control of Adverse Effects
1816.68 Use of Explosives; Records of Blasting Operations (except
the deletion of wind velocity and direction at 62 IAC 1816.68(a)(18)
which was disapproved).
1816.83 Coal Mine Waste; Refuse Piles
1816.97 Protection of Fish, Wildlife and Related Environmental Values
1816.99 Slides and Other Damage
1816.102 Backfilling and Grading; General Requirements
1817.49 Permanent Program Performance Standards for
Underground/Operations Mining Impoundments (except for deferral of the
exemption for impoundments of five feet or less in height and twenty
acre-feet or less in volume contained in 1817.49(a)(10)(B))
1817.61 Use of Explosives; General Requirements
1817.64 Use of Explosives; General Performance Standards
1817.66 Use of Explosives; Blasting Signs, Warnings and Access
Control
1817.67 Use of Explosives; Control of Adverse Effects
1817.68 Use of Explosives; Records of Blasting Operations (except
the deletion of wind velocity and direction at 62 IAC 1817.68(a)(18)
which was disapproved).
1817.83 Coal Mine Waste; Refuse Piles
1817.97 Protection of Fish, Wildlife and Related Environmental Values
1817.122 Subsidence Control; Public Notice
1843.11 State Enforcement; Cessation Orders
(2) Addition of the following rules to title 62 of the Illinois
Administrative Code:
1773.5 Requirements for Permits and Permit Processing; Definitions
1773.20 Improvidently Issued Permits; General Procedures
1773.21 Improvidently Issued Permits; Rescission Procedures
1846 Individual Civil Penalties
(l) The following amendments submitted to OSM on July 26, 1990, are
approved effective May 6, 1991, with the exceptions identified herein.
The amendments consist of the following modifications to the Illinois
program: Revision of the following regulations of chapter I of title 62
of the Illinois Administrative Code:
1700.11(d), (e) General; Applicability
1761.11(a) Areas Designated by Act of Congress; Areas Where Mining
is Prohibited or Limited (except the word ''future'' is not approved to
the extent that it limits the mining prohibition to those corridors
established in future guidelines pursuant to the Wild and Scenic Rivers
Act)
1761.12 Areas Designated by Act of Congress; Procedures
1772.12(b)(8)(D) Requirements for Coal Exploration; Permit
Requirements for Exploration Removing More Than 250 Tons of Coal
1773.15(b)(1) Requirements for Permits and Permit Processing; Review
of Permit Applications (except the phrases ''as defined in 62 Ill. Adm.
Code 1843.11(b)'' and ''as defined in 62 Ill. Adm. Code 1843.11(a)'' are
not approved to the extent that these references could limit this
provision to cessation orders issued by Illinois)
1773.20(b)(2)(B) Requirements for Permits and Permit Processing;
Improvidently Issued Permits: General Procedures
1773.20(c)(2) Requirements for Permits and Permit Processing;
Improvidently Issued Permits: General Procedures
1773.21(b) Requirements for Permits and Permit Processing;
Improvidently Issued Permits: Rescission Procedures
1778.13(b) Permit Applications; Identification of Interests
1778.13(c)(5) Permit Applications; Identification of Interests
1778.13(i) Permit Applications; Identification of Interests
1778.13(j) Permit Applications; Identification of Interests
1778.14(c) Permit Applications; Violation Information (except to the
extent that ''the Federal Act'' does not include all Federal and State
programs under SMCRA)
1778.14(e) Permit Applications; Violation Information
1779.12 Surface Mining Permit Application; General Environmental
Resources Information
1779.12(b) Surface Mining Permit Application; General Environmental
Resources Information
1780.16(a)(1)(B)(i) Surface Mining Permit Application; Fish and
Wildlife Plan
1780.21(f)(3)(C) Surface Mining Permit Application; Hydrologic
Information
1780.21(f)(3)(D)(v) Surface Mining Permit Application; Hydrologic
Information
1780.31(a)(1) Surface Mining Permit Application; Protection of
Public Parks and Historic Places
1780.31(b) Surface Mining Permit Application; Protection of Public
Parks and Historic Places
1783.12(b) Underground Mining Permit Applications; General
Environmental Resources Information
1784.14(e)(3)(C)(v) Underground Mining Permit Applications;
Hydrologic Information
1784.17(a)(1) Underground Mining Permit Applications; Protection of
Public Parks and Historic Places
1784.17(b) Underground Mining Permit Applications; Protection of
Public Parks and Historic Places
1784.21(a)(1)(B)(i) Underground Mining Permit Applications; Fish and
Wildlife Plan
1784.21(a)(2)(C) Underground Mining Permit Applications; Fish and
Wildlife Plan (except the references to the Endangered Species Act of
1973 and the Illinois Endangered Species Protection Act are not approved
to the extent that they restrict this provision to the two Acts rather
than any State or Federal Law)
1800.21(d) Bonding and Insurance Requirements; Collateral Bonds
1800.40(a)(2) Bonding and Insurance Requirements; Requirement to
Release Performance Bonds
1800.40(b)(1) Bonding and Insurance Requirements; Requirement to
Release Performance Bonds
1800.40(b)(2) Bonding and Insurance Requirements; Requirement to
Release Performance Bonds
1800.40(e) Bonding and Insurance Requirements; Requirement to
Release Performance Bonds (notification requirement deleted, paragraphs
relettered)
1816.49(a)(1) Permanent Program Performance Standards -- Surface
Mining Activities; Impoundments (except the sentence ''30 CFR 77.216
does not include any later editions or amendments'' is not approved to
the extent that as phrased it limits the provision to an edition of 30
CFR 77.216 that could be outdated at the time of Illinois' promulgation
of the regulation).
1816.49(a)(10) Permanent Program Performance Standards -- Surface
Mining Activities; Impoundments
1816.67 Permanent Program Performance Standards -- Surface Mining
Activities; Use of Explosives: Control of Adverse Effects
1816.97(b) Permanent Program Performance Standards -- Surface Mining
Activities; Protection of Fish, Wildlife, and Related Environmental
Values
1817.49(a)(1) Permanent Program Performance Standards -- Underground
Mining Operations; Impoundments (except the sentence ''30 CFR 77.216
does not include any later editions or amendments'' is not approved to
the extent that as phrased it limits the provision to an edition of 30
CFR 77.216 that could be outdated at the time of Illinois' promulgation
of the regulation).
1817.49(a)(10) Permanent Program Performance Standards -- Underground
Mining Operations; Impoundments
1817.66(d) Permanent Program Performance Standards -- Underground
Mining Operations; Use of Explosives: Blasting Signs, Warnings, and
Access Control
1817.67 Permanent Program Performance Standards -- Underground Mining
Operations; Use of Explosives: Control of Adverse Effects
1817.97(b) Permanent Program Performance Standards -- Underground
Mining Operations; Protection of Fish, Wildlife, and Related
Environmental Values
1843.11 State Enforcement; Cessation Orders
1846.5 Individual Civil Penalties; Definitions
1846.14(a)(3) Individual Civil Penalties; Amount of Individual Civil
Penalty
(m) The following amendment, as submitted to OSM on March 5, 1991, is
approved effective August 2, 1991. The amendment consists of the
following modifications to the Illinois program:
1. Revisions of the following regulations of chapter I of title 62 of
the Illinois Administrative Code:
1773.19(b)(1) Permit Issuance
1773.19(b)(2) Permit Hearings (deleted and replaced with Permit Fees
and Reclamation Bonds which was formerly (b)(3)).
2. Revision of the following statute of the Illinois Surface Coal
Mining Land Conservation and Reclamation Act:
Section 2.11(d) Procedures for Permit Approval.
(n) The following amendments, as submitted to OSM on February 1,
1991, and revised on June 21, 1991, are approved effective December 13,
1991, with the exceptions identified herein. The amendments consist of
the following modifications to the Illinois program:
(1) Revision of the following regulations of chapter I of title 62 of
the Illinois Administrative Code:
62 IAC 1700.11(a) -- Applicability
62 IAC 1700.11(a)(2) -- Applicability
62 IAC 1700.11(c) -- Applicability
62 IAC 1701 Appendix A -- Definitions
62 IAC 1761.11(a) -- Areas Designated by Act of Congress
62 IAC 1761.11(d)(2) -- Areas Designated by Act of Congress
62 IAC 1761.12(c), (c)(1), (c)(2) -- Areas Designated by Act of
Congress
62 IAC 1772.11(b)(5) -- Coal Exploration
62 IAC 1772.14(a), (b) -- Coal Exploration
62 IAC 1773.5 -- Permits and Permit Processing
62 IAC 1773.11(a) -- Permits and Permit Processing
62 IAC 1773.11(b)(1)(C) -- Permits and Permit Processing
62 IAC 1773.15(b)(1) -- Permits and Permit Processing
62 IAC 1773.15(b)(1)(B) -- Permit and Permit Processing (except to
the extent that Illinois does not specify that any review under 30 CFR
775.13 is conducted by the Federal Court and not by the State Circuit
Court)
62 IAC 1773.17(h) -- Permits and Permit Processing
62 IAC 1774.13(b)(1) -- Permit Revision
62 IAC 1778.14(c) -- Permit Applications
62 IAC 1780.16(b)(3)(B) -- Reclamation and Operation Plan
62 IAC 1780.21(f) -- Reclamation and Operation Plan
62 IAC 1780.37(a) (5), (7) -- Reclamation and Operation Plan
62 IAC 1780.37(b) -- Reclamation and Operation Plan
62 IAC 1784.14(e) -- Reclamation and Operation Plan
62 IAC 1784.21(a)(2)(C) -- Reclamation and Operation Plan
62 IAC 1784.24(a) (5), (7) -- Reclamation and Operation Plan
62 IAC 1784.24(b) -- Reclamation and Operation Plan
62 IAC 1816.49(a)(1) -- Performance Standards
62 IAC 1816.49(a)(3)(A) -- Performance Standards
62 IAC 1816.49(a)(3)(B) -- Performance Standards
62 IAC 1816.49(a)(5)(A) -- Performance Standards
62 IAC 1816.49(a)(10)(B) -- Performance Standards
62 IAC 1816.68(a)(18), (19) -- Performance Standards
62 IAC 1816.84(b)(2) -- Performance Standards (except to the extent
that Illinois does not provide for ''a greater event'' than a 6-hour
precipitation event as it applies to spillway capacity)
62 IAC 1816.84(f) -- Performance Standards
62 IAC 1816.111(a)(4) -- Performance Standards
62 IAC 1816.111(b)(1) -- Performance Standards
62 IAC 1816.111(b)(5) -- Performance Standards
62 IAC 1816.116(a)(2)(C) -- Peformance Standards (except to the
extent that Illinois does not require prior OSM approval of all normal
husbandry practices other than those specifically listed in its approved
program)
62 IAC 1816.116(a)(2) (D), (E) -- Performance Standards
62 IAC 1816.116(a)(3) -- Performance Standards
62 IAC 1816.116(a)(3)(C) -- Performance Standards
62 IAC 1816.116(a)(3)(D) -- Performance Standards
62 IAC 1816.116(a)(3)(E) -- Performance Standards
62 IAC 1816.116(a)(4)(A)(iii) -- Performance Standards
62 IAC 1816.116(a)(4)(D) -- Performance Standards
62 IAC 1816.116(b)(2) -- Performance Standards
62 IAC 1816.117(a) -- Performance Standards
62 IAC 1816.117(a)(1) -- Performance Standards (except for the words
''or later'')
62 IAC 1816.117(a)(3) -- Performance Standards
62 IAC 1816.117(a)(5) -- Performance Standards
62 IAC 1816.117 (b), (c) -- Performance Standards
62 IAC 1816.117(d)(1)-(6) -- Performance Standards (except for
subsection (6) to the extent that the regulations do not exclude
non-mined pasture and/or hayland or grazing land from the 70% ground
cover success standard)
62 IAC 1816.150 (a), (b), (c), (d), (e), (f) -- Performance Standards
62 IAC 1816 appendix A -- Agricultural Lands Productivity Formula
62 IAC 1817.49(a)(1) -- Performance Standards
62 IAC 1817.49(a)(3)(A) -- Performance Standards
62 IAC 1817.49(a)(3)(B) -- Performance Standards
62 IAC 1817.49(a)(5)(A) -- Performance Standards
62 IAC 1817.49(a)(10)(B) -- Performance Standards
62 IAC 1817.68(a) (18), (19) -- Performance Standards
62 IAC 1817.84(b)(2) -- Performance Standards (except to the extent
that Illinois does not provide for ''a greater event'' than a 6-hour
precipitation event as it applies to spillway capacity)
62 IAC 1817.84(f) -- Performance Standards
62 IAC 1817.116(a)(2)(C) -- Performance Standards (except to the
extent that Illinois does not require prior OSM approval of all normal
husbandry practices other than those specifically listed in its approved
program)
62 IAC 1817.116(a)(2) (D), (E) -- Performance Standards
62 IAC 1817.116(a)(3) -- Performance Standards
62 IAC 1817.116(a)(3)(C) -- Performance Standards
62 IAC 1817.116(a)(3)(D) -- Performance Standards
62 IAC 1817.116(a)(3)(E) -- Performance Standards
62 IAC 1817.116(b)(2) -- Performance Standards
62 IAC 1817.117(a) -- Performance Standards
62 IAC 1817.117(a)(1) -- Performance Standards (except for the words
''or later'')
62 IAC 1817.117(a)(3) -- Performance Standards
62 IAC 1817.117(a)(5) -- Performance Standards
62 IAC 1817.117 (b), (c) -- Performance Standards
62 IAC 1817.117(d)(1)-(6) -- Performance Standards (except for
subsection (6) to the extent that the regulations do not exclude
non-mined pasture and/or hayland or grazing land from the 70% ground
cover success standard)
62 IAC 1817.150 (a), (b), (c), (d), (e), (f) -- Performance Standards
62 IAC 1823.14(g) -- Prime Farmlands
62 IAC 1823.15(b)(3) -- Prime Farmlands
(2) Addition of the following regulations of chapter I of title 62 of
the Illinois Administrative Code:
62 IAC 1702 -- Incidental Minerals (except for section 1702.17(c)(1)
to the extent that Illinois does not include a notification provision in
the event a decision is made not to revoke an exemption)
62 IAC 1780.39 -- Reclamation and Operation Plan
62 IAC 1784.30 -- Reclamation and Operation Plan
62 IAC 1816.151 -- Performance Standards (except for subsection (b)
to the extent that Illinois does not include sufficient technical
requirements for its alternate design standards for primary road
embankments).
62 IAC 1817.151 -- Performance Standards (except for subsection (b)
to the extent that Illinois does not include sufficient technical
requirements for its alternate design standards for primary road
embankments).
(48 FR 23414, May 25, 1983, as amended at 48 FR 46529, Oct. 13, 1983;
48 FR 51621, Nov. 1, 1983; 49 FR 38264, Sept. 28, 1984; 50 FR 1509,
Jan. 11, 1985; 50 FR 45111, Oct. 30, 1985; 51 FR 44459, Dec. 10,
1986; 53 FR 43137, Oct. 25, 1988; 54 FR 123, Jan. 4, 1989; 55 FR
35313, Aug. 29, 1990; 56 FR 20539, May 6, 1991; 56 FR 26191, June 6,
1991; 56 FR 37012, Aug. 2, 1991; 56 FR 64993, Dec. 13, 1991)
30 CFR 913.16 Required regulatory program amendments.
Pursuant to 30 CFR 732.17, Illinois is required to submit for OSM's
approval the following proposed amendments by the dates specified:
(a) -- (k) (Reserved)
(l) By February 11, 1992, Illinois shall submit a revision to 62 IAC
1702.17(c)(1) to include a notification provision in the event a
decision is made by the State not to revoke an exemption.
(m) By February 11, 1992, Illinois shall submit a revision to 62 IAC
1773.15(b)(1)(B) to clarify that any review under 30 CFR 775.13 is
conducted by the Federal Court and not by the State Circuit Court.
(n) By February 11, 1992, Illinois shall submit a revision to 62 IAC
1816.84(b)(2) and 62 IAC 1817.84(b)(2) to specify a 6-hour precipitation
event ''or greater event.''
(o) By February 11, 1992, Illinois shall submit a revision to 62 IAC
1816.116(a)(2)(C) and 62 IAC 1817.116(a)(2)(C) to require OSM approval
of all normal husbandry practices other than those specifically listed
in Illinois' approved program or delete the provision providing Illinois
with the authority to approve unspecified husbandry practices.
(p) By February 11, 1992, Illinois shall submit a revision to 62 IAC
1816.117(a)(1) and 62 IAC 1817.117(a)(1) to remove the language ''or
later.''
(q) By February 11, 1992, Illinois shall submit a revision to 62 IAC
1816.117(d)(6) and 62 IAC 1817.117(d)(6) which clarifies that the 70%
ground cover success standard does not apply in determining revegetation
success for previously unmined pasture and/or hayland or grazing land.
(r) By February 11, 1992, Illinois shall submit a revision to 62 IAC
1816.151(b) and 62 IAC 1817.151(b) to include additional technical
requirements including, but not limited to, compaction in order to
establish that its alternate design standards for primary road
embankments comply with the 1.3 static safety factor requirement.
(53 FR 43137, Oct. 25, 1988, as amended at 54 FR 123, Jan. 4, 1989;
55 FR 35313, Aug. 29, 1990; 56 FR 20540, May 6, 1991; 56 FR 64994,
Dec. 13, 1991)
30 CFR 913.17 State regulatory program provisions and amendments
disapproved.
(a) The proposed definition of ''previously mined area'' in 62 IAC
1701.5, as submitted by Illinois on May 22, 1987, is disapproved to the
extent that it includes lands subject to the reclamation standards of
the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201
et seq.).
(b) In 62 IAC 1761.11(c) and 1761.12(e)(1), as submitted by Illinois
on May 22, 1987, the phrase ''publicly owned'' is disapproved to the
extent that it modifies the term ''places listed on the National
Register of Historic Places'' or an equivalent term.
(c) The proposed revisions to the definition of ''valid existing
rights'' in 62 IAC 1701.Appendix A, also known as 62 IAC 1701.5, as
submitted by Illinois on May 22, 1987, are disapproved to the extent
that they expand the ''needed for and adjacent'' test to allow claims of
valid existing rights for lands for which the applicant obtained the
requisite property rights after August 3, 1977.
(d) In 62 IAC 1816.68(a) and 1817.68(a), as submitted by Illinois on
July 17, 1989, the deletion of ''wind velocity and direction'' from the
list of factors required in the blast records is disapproved.
(53 FR 43138, Oct. 25, 1988, as amended at 54 FR 123, Jan. 4, 1989;
55 FR 35314, Aug. 29, 1990)
30 CFR 913.20 Approval of Illinois abandoned mine land reclamation
plan.
The Illinois Abandoned Mine Land Reclamation Plan submitted on July
20, 1980, is approved effective June 1, 1982. (47 FR 23886-23889, June
1, 1982.)
(55 FR 46204, Nov. 2, 1990)
30 CFR 913.25 Approval of Abandoned Mine Land Reclamation Plan
Amendments.
(a) The Illinois Abandoned Mine Land Reclamation Plan amendment
submitted on January 19, 1984, is approved effective June 11, 1984. (49
FR 24019-24021, June 11, 1984.)
(b) The Illinois Abandoned Mine Land Reclamation Plan amendment
submitted on September 6, 1989, is approved effective February 14, 1990.
(55 FR 5209, February 14, 1990.)
(c) The Illinois Abandoned Mine Land Reclamation Plan amendment
submitted on June 29, 1990, is approved effective November 2, 1990.
Copies of the approved Illinois Abandoned Mine Land Reclamation Plan and
amendments are available at the following locations:
(1) Office of Surface Mining Reclamation and Enforcement, Springfield
Field Office, 511 West Capitol, Suite 202, Springfield, Illinois 62704.
(2) Illinois Abandoned Mined Lands Reclamation Council, 928 South
Spring Street, Springfield, Illinois 62704.
(55 FR 46204, Nov. 2, 1990)
30 CFR 913.30 State-Federal cooperative agreement.
The Governor of the State of Illinois (Governor) and the Secretary of
the Department of the Interior (Secretary) enter into a Cooperative
Agreement (Agreement) to read as follows:
Agencies
A. Authority: This Agreement is authorized by section 523(c) of the
Surface Mining Control and Reclamation Act (SMCRA), 30 U.S.C. 1273(c),
which allows a State with a permanent regulatory program approved by the
Secretary under section 503 of SMCRA, 30 U.S.C. 1253, to elect to enter
into an agreement for State regulation of surface coal mining and
reclamation operations (including surface operations and surface impacts
incident to underground mining operations) on Federal lands. This
Agreement provides for State regulation of coal exploration operations
not subject to 43 CFR part 3480, Subpart 3480 through 3487, and surface
coal mining and reclamation operations in Illinois on Federal lands (30
CFR Chapter VII Subchapter D), consistent with SMCRA and State and
Federal laws governing such activities and the Illinois State Program
(Program).
B. Purposes: The purposes of this Agreement are to (a) foster
Federal-State cooperation in the regulation of surface coal mining and
reclamation operations and coal exploration operations not subject to 43
CFR part 3480, subparts 3480 through 3487; (b) minimize
intergovernmental overlap and duplication; and (c) provide uniform and
effective application of the Program on all lands in Illinois in
accordance with SMCRA, the Program, and this Agreement.
C. Responsible Administrative Agencies: The Land Reclamation
Division (LRD) of the Illinois Department of Mines and Minerals will be
responsible for administering this Agreement on behalf of the Governor.
The Office of Surface and Mining Reclamation and Enforcement (OSMRE)
will administer this Agreement on behalf of the Secretary.
After being signed by the Secretary and the Governor, this Agreement
will take effect 30 days after publication in the Federal Register as a
final rule. This Agreeement will remain in effect until terminated as
provided in Article XI.
The terms and phrases used in this Agreement which are defined in
SMCRA, 30 CFR parts 700, 701 and 740, the Program, and this Agreement
including the State Act (Ill. Rev. Stat. Ch 96 1/2, Section 7901 et seq.
(1985)), and the rules and regulations promulgated pursuant to those
Acts, will be given the meanings set forth in said definitions. Where
there is a conflict between the above reference State and Federal
definitions, the definitions used in the Program will apply.
In accordance with the Federal lands program, the laws, regulations,
terms and conditions of the Program and this Agreement are applicable to
Federal lands in Illinois except as otherwise stated in this Agreement,
SMCRA, 30 CFR 740.4, 740.11(a) and 745.13, and other applicable laws,
Executive Orders, or regulations.
The Governor and the Secretary affirm that they will comply with all
the provisions of this Agreement.
A. Authority of State Agency: IRD has and will continue to have the
authority under State law to carry out this Agreement.
B. Funds: 1. Upon application by LRD and subject to appropriations,
OSMRE will provide the State with the funds to defray the costs
associated with carrying out its responsibilities under this Agreement
as provided in section 705(c) of SMCRA, the grant agreement, and 30 CFR
735.16. Such funds will cover the full cost incurred by LRD in carrying
out these responsibilities, provided that such cost does not exceed the
estimated cost the Federal government would have expended on such
responsibilities in the absence of this Agreement.
2. OSMRE's Springfield Field Office and OSMRE's Eastern Field
Operations office will work with LRD to estimate the amount the Federal
government would have expended for regulation of Federal lands in
Illinois in the absence of this Agreement.
3. OSMRE and the State will discuss the OSMRE Federal lands cost
estimate. After resolution of any issues, LRD will include the Federal
lands cost estimate in the State's annual regulatory grant application
submitted to OSMRE's Springfield Field Office.
The State may use the existing year's budget totals, adjusted for
inflation and workload considerations in estimating regulatory costs for
the following grant year. OSMRE will notify LRD as soon as possible if
such projections are unrealistic.
4. If LRD applies for a grant but sufficient funds have not been
appropriated to OSMRE, OSMRE and LRD will promptly meet to decide on
appropriate measures that will insure that surface coal mining and
reclamation operations on Federal lands in Illinois are regulated in
accordance with the Program. If agreement cannot be reached, either
party may terminate the Agreement in accordance with Article XI of this
Agreement.
5. Funds provided to the LRD under this Agreement will be adjusted in
accordance with Office of Management and Budget Circular A-102,
Attachment E.
C. Reports and Records: LRD will make annual reports to OSMRE
containing information with respect to compliance with the terms of this
Agreement pursuant to 30 CFR 745.12(d). Upon request, LRD and OSMRE will
exchange information developed under this Agreement, except where
prohibited by Federal or State law.
OSMRE will provide LRD with a copy of any final evaluation report
prepared concerning State administration and enforcement of this
Agreement. LRD comments on the report will be appended before
transmission to the Congress, unless necessary to respond to a request
by a date certain, or to other interested parties.
D. Personnel: Subject to adequate appropriations and grant awards,
the LRD will maintain the necessary personnel to fully implement this
Agreement in accordance with the provisions of SMCRA, the Federal lands
program, and the Program.
E. Equipment and Laboratories: Subject to adequate appropriations
and grant awards, the LRD will assure itself access to equipment,
laboratories, and facilities with which all inspections, investigations,
studies, tests, and analyses can be performed which are necessary to
carry out the requirements of the Agreement.
F. Permit Application Fees and Civil Penalties: The amount of the
fee accompanying an application for a permit for surface coal mining and
reclamation operations on Federal lands in Illinois will be determined
in accordance with section 2.05 of the Illinois State Act, 62 Ill. Adm.
Code 1771.25, and the applicable provisions of the Program and Federal
law. All permit fees, civil penalties and fines collected from
operations on Federal lands will be retained by the State and will be
deposited with the State Treasurer. Permit fees will be considered
program income. Civil penalties and fines will not be considered
program income. The financial status report submitted pursuant to 30
CFR 735.26 will include a report of the amount of fees, penalties, and
fines collected during the State's prior fiscal year.
1. LRD and the Secretary require an applicant proposing to conduct
surface coal mining and reclamation operations on Federal lands covered
by this Agreement to submit a permit application package (PAP) in an
appropriate number of copies to LRD. LRD will furnish OSMRE and other
Federal agencies with an appropriate number of copies of the PAP. The
PAP will be in the form required by LRD and will include any
supplemental information required by OSMRE, the Federal land management
agency, and other agencies with jurisdiction or responsibility over
Federal lands affected by the operations proposed in the PAP.
At a minimum, the PAP will satisfy the requirements of 30 CFR
740.13(b) and include the information necessary for LRD to make a
determination of compliance with the Program and for OSMRE and the
appropriate Federal agencies to make determinations of compliance with
applicable requirements of SMCRA, the Federal lands program, and other
Federal laws, Executive Orders, and regulations for which they are
responsible.
2. For any outstanding or pending permit applications on Federal
lands being processed by OSMRE prior to the effective date of this
Agreement, OSMRE will maintain sole permit decision responsibility.
After the final decision, all additional responsibilities shall pass to
LRD pursuant to the terms of this Agreement.
1. LRD will assume the responsibilities for review of permit
applications where there is no leased Federal coal to the extent
authorized in 30 CFR 740.4(c) (1), (2), (4), (6) and (7). In addition
to consultation with the Federal Land Management Agency pursuant to 30
CFR 740.4(c)(2), LRD will be responsible for obtaining, except for
non-significant revisions, the comments and determinations of other
Federal agencies with jurisdiction or responsibility over Federal lands
affected by the operations proposed in the PAP. LRD will request such
Federal agencies to furnish their findings or any requests for
additional information to LRD within 45 calendar days of the date of
receipt of the PAP. OSMRE will assist LRD in obtaining this
information, upon request.
Responsibilities and decisions which can be delegated to LRD under
other applicable Federal laws may be specified in working agreements
between OSMRE and the State, with the concurrence of any Federal agency
involved, and without amendment to this agreement.
2. LRD will assume primary responsibility for the analysis, review
and approval or disapproval of the permit application component of the
PAP required by 30 CFR 740.13 for surface coal mining and reclamation
operations in Illinois on Federal lands not requiring a mining plan
pursuant to the Mineral Leasing Act (MLA). LRD will review the PAP for
compliance with the Program and State Act and regulations. LRD will be
the primary point of contact for applicants regarding decisions on the
PAP and will be responsible for informing the applicant of
determinations.
3. The Secretary will make his determinations under SMCRA that cannot
be delegated to the State. Some of which have been delegated to OSMRE.
4. OSMRE and LRD will coordinate with each other during the review
process as needed. OSMRE will provide technical assistance to LRD when
requested, if available resources allow. LRD will keep OSMRE informed
of findings made during the review process which bear on the
responsibilities of OSMRE or other Federal agencies. OSMRE may provide
assistance to LRD in resolving conflicts with Federal land management
agencies. OSMRE will be responsible for ensuring that any information
OSMRE receives from an applicant is promptly sent to LRD. OSMRE will
have access to LRD files concerning operations on Federal lands. OSMRE
will send to LRD copies of all resulting correspondence between OSMRE
and the applicant that may have a bearing on decisions regarding the
PAP. The Secretary reserves the right to act independently of LRD to
carry out his responsibilities under laws other than SMCRA.
5. LRD will make a decision on approval or disapproval of the permit
on Federal lands.
(a) Any permit issued by LRD will incorporate any lawful terms or
conditions imposed by the Federal land management agency, including
conditions relating to post-mining land use, and will be conducted on
compliance with the requirements of Federal land management agency.
(b) The permit will include lawful terms and conditions required by
other applicable Federal laws and regulations.
(c) After making its decision on the PAP, LRD will send a notice to
the applicant, OSMRE, the Federal land management agency, and any agency
with jurisdiction or responsibility over Federal lands affected by the
operations proposed in the PAP.
A copy of the permit and written findings will be submitted to OSMRE
upon request.
1. LRD will assume the responsibilities listed in 30 CFR 740.4(c)
(1), (2), (3), (4), (6) and (7), to the extent authorized.
In accordance with 30 CFR 740.4(c)(1), LRD will assume primary
responsibility for the analysis, review and approval, disapproval or
conditional approval of the permit application component of the PAP for
surface coal mining and reclamation operations in Illinois where a
mining plan is required, including applications for revisions, renewals
and transfer sale and assignment of such permits. OSMRE will, at the
request of the State, assist to the extent possible in this analysis and
review.
LRD will be the primary point of contact for applicants regarding the
review of the PAP for compliance with the Program and State law and
regulations. LRD will be responsible for informing the applicant of all
joint State-Federal determinations.
LRD will to the extent authorized, consult with the Federal land
management agency and the Bureau of Land Management (BLM) pursuant to 30
CFR 740.4(c)(2) and (3), respectively. On matters concerned exclusively
with regulations under 43 CFR part 3480, Subparts 3480 through 3487, BLM
will be primary contact with the applicant. BLM will inform LRD of its
actions and provide LRD with a copy of documentation on all decisions.
LRD will send the OSMRE copies of any correspondence with the
applicant and any information received from the applicant regarding the
PAP. OSMRE will send to LRD copies of all OSMRE correspondence with the
applicant which may have a bearing on the PAP. As a matter of practice,
OSMRE will not independently initiate contacts with applicants regarding
completeness or deficiences of the PAP with respect to matters covered
by the Program.
LRD will also be responsible for obtaining the comments and
determinations of other Federal agencies with jurisdiction or
responsibility over Federal lands affected by the operations proposed in
the PAP. LRD will request all Federal agencies to furnish their
findings or any requests for additional information to LRD within 45
days of the date of receipt of the PAP. OSMRE will assist LRD in
obtaining this information, upon request of LRD.
LRD will be responsible for approval and release of performance bonds
under 30 CFR 740.4(c)(4) in accordance with Article IX of this
agreement, and for review and approval of exploration operations not
subject to 43 CFR part 3480, subparts 3480-3487, under 30 CFR
740.4(c)(6).
LRD will prepare documentation to comply with the requirements of
NEPA under 30 CFR 740.4(c)(7); however, OSMRE will retain the
responsibility for the exceptions in 30 CFR 740.4(c)(7)(i)-(vii).
2. The Secretary will concurrently carry out his responsibilities
under 30 CFR 740.4(a) that cannot be delegated to LRD under the Federal
lands program, MLA, the National Environmental Policy Act (NEPA), this
Agreement, and other applicable Federal laws. The Secretary will carry
out these responsibilities in a timely manner and will avoid, to the
extent possible, duplication of the responsibilities of the State as set
forth in this Agreement and the Program. The Secretary will consider
the information in the PAP and, where appropriate, make decisions
required by SMCRA, MLA, NEPA, and other Federal laws.
Responsibilities and decisions which can be delegated to the State
under other applicable Federal laws may be specified in working
agreements between OSMRE and LRD, with concurrence of any Federal agency
involved, and without amendment to this Agreement.
Where necessary to make the determination to recommend that the
Secretary approve the mining plan, OSMRE will consult with and obtain
the concurrences of the BLM, the Federal land management agency and
other Federal agencies as required.
The Secretary reserves the right to act independently of LRD to carry
out his responsibilities under laws other than SMCRA or provisions of
SMCRA not covered by the Program, and in instances of disagreement over
SMCRA and the Federal lands program.
3. OSMRE will assist LRD in carrying out LRD's responsibilities by:
(a) Coordinating resolution of conflicts and difficulties between LRD
and other Federal agencies in a timely manner.
(b) Assisting in scheduling joint meetings, upon request, between
State and Federal agencies.
(c) Where OSMRE is assisting LRD in reviewing the PAP, furnishing to
LRD the work product within 50 calendar days of receipt of the State's
request for such assistance, unless a different time is agreed upon by
OSMRE and LRD.
(d) Exercising its responsibilities in a timely manner, governed to
the extent possible by the deadlines established in the Program.
4. Review of the PAP: (a) OSMRE and LRD will coordinate with each
other during the review process as needed. LRD will keep OSMRE informed
of findings made during the review process which bear on the
responsibilities of OSMRE or other Federal agencies. OSMRE will ensure
that any information OSMRE receives which has a bearing on decisions
regarding the PAP is promptly sent to LRD.
(b) LRD will review the PAP for compliance with the Program and State
law and regulations.
(c) OSMRE will review the operation and reclamation plan portion of
the permit application, and any other appropriate portions of the PAP
for compliance with the non-delegable responsibilities of SMCRA and for
compliance with the requirements of other Federal laws and regulations.
(d) OSMRE and LRD will develop a work plan and schedule for PAP
review and each will identify a person as the project leader. The
project leaders will serve as the primary points of contact between
OSMRE and LRD throughout the review process. Not later than 50 days
after receipt of the PAP, unless a different time is agreed upon, OSMRE
will furnish LRD with its review comments on the PAP and specify any
requirements for additional data. To the extent practicable, LRD will
provide OSMRE all available information that may aid OSMRE in preparing
any findings.
(e) LRD will prepare a State decision package, including written
findings and supporting documentation, indicating whether the PAP is in
compliance with the Program. The review and finalization of the State
decision package will be conducted in accordance with procedures for
processing PAPs agreed upon by LRD and OSMRE.
(f) LRD may make a decision on approval or disapproval of the permit
on Federal lands in accordance with the Program prior to the necessary
Secretarial decision on the mining plan, provided that LRD advises the
operator in the permit that Secretarial approval of the mining plan must
be obtained before the operator may conduct coal development or mining
operations on the Federal lease. LRD will reserve the right to amend or
rescind any requirements of the permit to conform with any terms or
conditions imposed by the Secretary in his approval of the mining plan.
(g) The permit will include, as applicable, terms and conditions
required by the lease issued pursuant to the MLA and by any other
applicable Federal laws and regulations, including conditions imposed by
the Federal land management agency relating to post-mining land use, and
those of other affected agencies, and will be conditioned on compliance
with the requirements of the Federal land management agency with
jurisdiction.
(h) After making its decision on the PAP, LRD will send a notice to
the applicant, OSMRE, the Federal land management agency, and any agency
with jurisdiction or responsibility over Federal land affected by
operations proposed in the PAP. A copy of the written findings and the
permit will also be submitted to OSMRE.
5. OSMRE will provide technical assistance to LRD when requested, if
available resources allow. OSMRE will have access to LRD files
concerning operations on Federal lands.
and Transfer Assignment or Sale of Permit Rights
1. Any permit revision or renewal for an operation on Federal lands
will be reviewed and approved or disapproved by LRD after consultation
with OSMRE on whether such revision or renewal constitutes a mining plan
modification pursuant to 30 CFR 746.18. OSMRE will inform LRD within 30
days of receiving a copy of a proposed revision or renewal, whether the
permit revision, or renewal constitutes a mining plan modification.
Where approval of a mining plan modification is required, OSMRE and LRD
will follow the procedures outlined in paragraphs C.1. through C.5. of
this Article.
2. OSMRE may establish criteria consistent with 30 CFR 746.18 to
determine which permit revisions and renewals clearly do not constitute
mining plan modifications.
3. Permit revisions or renewals on Federal lands which are determined
by OSMRE not to constitute mining plan modifications under paragraph
D.1. of this Article or that meet the criteria for not being mining plan
modifications as established under paragraph D.2. of this Article will
be reviewed and approved following the procedures set forth in 62 Ill.
Adm. Code 1774 and paragraphs B.1. through B.5. of this Article.
4. Transfer, assignment or sale of permit rights on Federal lands
shall be processed in accordance with 62 Ill. Adm. Code 1774 and 30 CFR
740.13(e).
A. LRD will conduct inspections on Federal lands in accordance with
30 CFR 740.4(c)(5) and prepare and file inspection reports in accordance
with the Program.
B. LRD will, subsequent to conducting any inspection pursuant to 30
CFR 740.4(c)(5), and on a timely basis, file with OSMRE a legible copy
of the completed State inspection report.
C. LRD will be the point of contact and primary inspection authority
in dealing with the operator concerning operations and compliance with
the requirements covered by the agreement, except as described
hereinafter. Nothing in this Agreement will prevent inspections by
authorized Federal or State agencies for purposes other than those
covered by this Agreement. The Department may conduct any inspections
necessary to comply with 30 CFR parts 842 and 843 and its obligations
under laws other than SMCRA.
D. OSMRE will ordinarily give LRD reasonable notice of its intent to
conduct an inspection under 30 CFR 842.11 in order to provide State
inspectors with an opportunity to join in the inspection.
When OSMRE is responding to a citizen complaint of an imminent danger
to the public health and safety, or of significant, imminent
environmental harm to land, air or water resources, pursuant to 30 CFR
842.11(b)(1)(ii)(C), it will contact LRD no less than 24 hours prior to
the Federal inspection, if practicable, to facilitate a joint
Federal/State inspection. All citizen complaints which do not involve
an imminent danger or significant, imminent environmental harm will be
referred to LRD for action. The Secretary reserves the right to conduct
inspections without prior notice to LRD to carry out his
responsibilities under SMCRA.
A. LRD will have primary enforcement authority under SMCRA concerning
compliance with the requirements of this Agreement and the Program in
accordance with 30 CFR 740.4(c)(5). Enforcement authority given to the
Secretary under other Federal laws and Executive orders including, but
not limited to, those listed in Appendix A (attached) is reserved to the
Secretary.
B. During any joint inspection by OSMRE and LRD, LRD will have
primary responsibility for enforcement procedures, including issuance of
orders of cessation, notices of violation, and assessment of penalties.
LRD will inform OSMRE prior to issuance of any decision to suspend or
revoke a permit on Federal lands.
C. During any inspection made solely by OSMRE or any joint inspection
where LRD and OSMRE fail to agree regarding the propriety of any
particular enforcement action, OSMRE may take any enforcement action
necessary to comply with 30 CFR parts 843 and 845. Such enforcement
action will be based on the standards in the Program, SMCRA, or both,
and will be taken using the procedures and penalty system contained in
30 CFR parts 843 and 845.
D. LRD and OSMRE will promptly notify each other of all violations of
applicable laws, regulations, orders, or approved mining permits subject
to this Agreement, and of all actions taken with respect to such
violations.
E. Personnel of LRD and the Department of the Interior, including
OSMRE, will be mutually available to serve as witness in enforcement
actions taken by either party.
F. This Agreement does not affect or limit the Secretary's authority
to enforce violations of Federal laws other than SMCRA.
A. LRD and the Secretary will require each operator who conducts
operations on Federal lands to submit a performance bond payable to the
State of Illinois and the United States to cover the operator's
responsibilities under SMCRA and the Program. Such performance bond
will be conditioned upon compliance with all requirements of the SMCRA,
the Program, State rules and regulations, and any other requirements
imposed by the Secretary or the Federal land management agency. Such
bond will provide that if this Agreement is terminated, the portion of
the bond covering the Federal lands will be payable only to the United
States. LRD will advise OSMRE of annual adjustments to the performance
bond pursuant to the program.
B. Performance bonds will be subject to release and forfeiture in
accordance with the procedures and requirements of the Program. Where
surface coal mining and reclamation operations are subject to an
approved mining plan, a performance bond shall be released by the State
after the release is concurred in by OSMRE.
C. Submission of a performance bond does not satisfy the requirements
for a Federal lease bond required by 43 CFR Subpart 3474 or lessee
protection bond required in addition to a performance bond, in certain
circumstances, by section 715 of SMCRA.
Certain Types of Surface Coal Mining and Reclamation
Operations and Activities and Valid Existing Rights
and Compatibility Determinations
1. Authority to designate Federal lands as unsuitable for mining
pursuant to a petition, including the authority to make substantial
legal and financial commitment determinations pursuant to section
522(a)(6) of SMCRA, is reserved to the Secretary.
2. When either LRD or OSMRE receives a petition to designate land
areas unsuitable for all or certain types of surface coal mining
operations that could impact adjacent Federal or non-Federal lands
pursuant to section 522(c) of SMCRA, the agency receiving the petition
will notify the other of its receipt and the anticipated schedule for
reaching a decision, and request and fully consider data, information
and recommendations of the other. OSMRE will coordinate with the
Federal land management agency with jurisdiction over the petition area,
and will solicit comments from the agency.
The following actions will be taken when requests for determinations
of VER pursuant to section 522(e) of SMCRA or for determinations of
compatibility pursuant to section 522(e)(2) of SMCRA, and received prior
to or at the time of submission of a PAP that involves surface coal
mining and reclamation operations and activities:
1. For Federal lands within the boundaries of any areas specified
under section 522(e)(1) of SMCRA, OSMRE will determine whether VER
exists for such areas.
For private inholdings within section 522(e)(1) areas, LRD, with the
consultation and concurrence of OSMRE, will determine whether surface
coal mining operations on such lands will or will not affect the Federal
interest (Federal lands as defined in section 701(4) of SMCRA). OSMRE
will process VER determination requests on private inholdings within the
boundaries of section 522(e)(1) areas where surface coal mining
operations affects the Federal interest.
2. For Federal lands within the boundaries of any national forest
where proposed operations are prohibited or limited by section 522(e)(2)
of SMCRA and 30 CFR 761.11(b), OSMRE will make the VER determinations.
OSMRE will process requests for determinations of compatibility under
section 522(e)(2) of SMCRA.
3. For Federal lands, LRD will determine whether any proposed
operation will adversely affect any publicly owned park and, in
consultation with the State Historic Preservation Officer, places listed
in the National Register of Historic Places, with respect to the
prohibitions or limitations of section 522(e)(3) of SMCRA. LRD will
make the VER determination for such lands using the State Program. LRD
will coordinate with any affected agency or agency with jurisdiction
over the proposed surface coal mining and reclamation operations.
In the case that VER is determined not to exist under section
522(e)(3) of SMCRA or 30 CFR 761.11(c), no surface coal mining
operations will be permitted unless jointly approved by LRD and the
Federal, State or local agency with jurisdiction over the publicly owned
park or historic place.
4. LRD will process and make determinations of VER on Federal lands,
using the State Program, for all areas limited or prohibited by section
522(e)(4) and (5) of SMCRA as unsuitable for mining. For operations on
Federal lands, LRD will coordinate with any affected agency or agency
with jurisdiction over the proposed surface coal mining and reclamation
operation.
This Agreement may be terminated by the Governor or the Secretary
under the provisions of 30 CFR 745.15.
If this Agreement has been terminated in whole or in part it may be
reinstated under the provisions of 30 CFR 745.16.
This Agreement may be amended by mutual agreement of the Governor and
the Secretary in accordance with 30 CFR 745.14.
A. The Secretary or the Governor may from time to time promulgate new
or revised performance or reclamation requirements or enforcement and
administration procedures. Each party will, if it determines it to be
necessary to keep this Agreement in force, change or revise its
regulations or request necessary legislative action. Such changes will
be made under the procedures of 30 CFR part 732 for changes to the
Program and under the procedures of section 501 of SMCRA for changes to
the Federal lands program.
B. LRD and the Secretary will provide each other with copies of any
changes to their respective laws, rules, regulations or standards
pertaining to the enforcement and administration of this Agreement.
Each party to this Agreement will notify the other, when necessary,
of any changes in personnel, organization and funding, or other changes
that may affect the implementation of this Agreement to ensure
coordination of responsibilities and facilitiate cooperation.
This Agreement will not be construed as waiving or preventing the
assertion of any rights in this Agreement that the State or the
Secretary may have under laws other than SMCRA or their regulations,
including but not limited to those listed in Appendix A.
Dated: September 17, 1987.
James R. Thompson,
Governor of Illinois.
Dated: October 22, 1987.
Donald Paul Hodel,
Secretary of the Interior.
1. The Federal Land Policy and Management Act, 43 U.S.C. 1701 et
seq., and implementing regulations.
2. The Mineral Leasing Act of 1920, 30 U.S.C. 181 et seq., and
implementing regulations, including 43 CFR part 3480.
3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321 et
seq., and implementing regulations, including 40 CFR part 1500.
4. The Endangered Species Act, as amended, 16 U.S.C. 1531 et seq.,
and implementing regulations, including 50 CFR part 402.
5. The Fish and Wildlife Coordination Act, as amended, 16 U.S.C. 661
et seq.; 48 Stat. 401.
6. The National Historic Preservation Act of 1966, 16 U.S.C. 470 et
seq., and implementing regulations, including 36 CFR part 800.
7. The Clean Air Act, 42 U.S.C. 7401 et seq., and implementing
regulations.
8. The Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq.,
and implementing regulations.
9. The Resource Conservation and Recovery Act of 1976, 42 U.S.C.
6901 et seq., and implementing regulations.
10. The Reservoir Salvage Act of 1960, amended by the Preservation of
Historical and Archaeological Data Act of 1974, 16 U.S.C. et seq.
11. Executive Order 11593 (May 13, 1971), Cultural Resource
Inventories on Federal Lands.
12. Executive Order 11988 (May 24, 1977), for flood plain protection.
13. Executive Order 11990 (May 24, 1977), for wetlands protection.
14. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351 et
seq., and implementing regulations.
15. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291 et seq.
16. The Constitution of the United States.
17. Surface Mining Control and Reclamation Act of 1977, 30 U.S.C.
1201 et seq.
18. 30 CFR Chapter VII.
19. The Constitution of the State of Illinois.
20. Illinois Surface Coal Mining Land Conservation and Reclamation
Act (Ill. Rev. State. 1979, Ch. 96 1/2/par. 7901 et seq.)
21. Illinois Department of Mines and Minerals, Coal Mining and
Reclamation Permanent Program, Rules and Regulations, 62 Ill. Adm.
Code 1700-1850.
(52 FR 45329, Nov. 27, 1987)
30 CFR 913.30 PART 914 -- INDIANA
Sec.
914.1 Scope.
914.10 State regulatory program approval.
914.15 Approval of regulatory program amendments.
914.16 Required program amendments.
914.20 Approval of Indiana abandoned mine plan.
914.25 Amendments to approved Indiana abandoned mine land reclamation
plan.
Authority: 30 U.S.C. 1201 et seq.
30 CFR 914.1 Scope.
This part contains all rules applicable only within Indiana that have
been adopted under the Surface Mining Control and Reclamation Act of
1977.
(47 FR 32107, July 26, 1982)
30 CFR 914.10 State regulatory program approval.
(a) The Indiana State Program, as submitted on March 3, 1980, as
amended and clarified on June 4, 1980, as resubmitted on September 28,
1981, and clarified on December 8, 1981, April 8, 1982, May 18-19, 1982,
and May 26, 1982, is conditionally approved, effective July 29, 1982.
Beginning on that date, the Indiana Department of Natural Resources
shall be deemed the regulatory authority in Indiana for all surface coal
mining and reclamation operations and all coal exploration operations on
non-Federal and non-Indian lands. Only surface coal mining and
reclamation operations on non-Federal and non-Indian lands shall be
subject to the provisions of the Indiana permanent regulatory program.
(b) Beginning on August 19, 1983 the Indiana program, as amended as
set forth in 30 CFR 914.15, is fully approved.
(c) Copies of the approved program are available for review at:
Office of Surface Mining Reclamation and Enforcement, Administrative
Record, 1100 ''L'' Street NW., Room 5131, Washington, DC 20005
Office of Surface Mining Reclamation and Enforcement, Indianapolis
Field Office, Administrative Record, Minton-Capehart Federal Building,
Room 300, 575 N. Pennsylvania Street, Indianapolis, Indiana 46204
Indiana Department of Natural Resources, Division of Reclamation, 309
W. Washington Street, Suite 201, Indianapolis, Indiana 46204.
(48 FR 37631, Aug. 19, 1983, as amended at 54 FR 41828, Oct. 12,
1989)
30 CFR 914.15 Approval of regulatory program amendments.
(a) The following amendment was approved effective December 17, 1982,
to meet condition (b)(2): Indiana's revised permit application forms
submitted on September 1, 1982, to require the applicant to certify that
all reclamation fees due under 30 CFR 870.12 have been paid.
(b) The following amendments were approved effective March 4, 1983:
(1) Indiana revised regulations, submitted on December 9, 1982, to
meet conditions (a)(1), (a)(2) in part, (a)(3)-(5), (b)(1), (b)(3) in
part, (b)(4)-(6), (c), (d), (e), (f), (g)(2), and (i). These revisions
were made to 310 IAC 12-2-7, 12-2-9, 12-3-12(c)(2), 12-3-25, 12-3-37(a),
12-3-47(b), 12-3-48, 12-3-74(a), 12-3-97, 12-4-5, 12-4-10(e)(1),
12-4-16, 12-5-3, 12-5-18, 12-5-51, 12-5-84, 12-5-115, 12-5-123(b),
12-5-149 (repealed), 12-5-152, 12-6-6 (d) and (f), 12-6-6.5,
12-6-16(b)(3)(ii), and 12-7-4(f).
(2) Other Indiana revised regulations, submitted on December 9, 1982,
to revise 310 IAC 12-3-1, 12-3-21(b)(4), 12-3-59(b)(4), 12-3-81,
12-3-102(c), 12-5-24(f), and 12-5-90(f).
(c) The following amendments were approved effective August 19, 1983:
(1) Revisions to the Indiana statute submitted on April 28, 1983, to
meet conditions (g)(1) and (h). These revisions were made to IC
13-4.1-14-2(a), 13-4.1-11-11(i), and 13-4.1-4-5(c).
(2) Other revisions to the Indiana statute submitted on April 28,
1983, at IC 13-4.1-2-3, and 13-4.1-7-5.
(3) Indiana revised regulations submitted on April 19, 1983, to meet
conditions (a)(2) and (b)(3). These revisions were made to 310 IAC
12-3-63, 12-5-19 and 12-5-85.
(4) Other revisions to the Indiana regulations submitted on April 19,
1983. These revisions were made to 310 IAC 12-1-3, 12-3-12, 12-3-39,
12-3-76, 12-3-112, 12-3-118, 12-4-3, 12-4-4, 12-4-7, 12-4-17, 12-5-36,
12-5-41, 12-5-71.5, 12-5-101, 12-5-105, 12-5-139.5, 12-6-1 (except to
the proposed modification to the definition of a complete inspection as
contained in 12-6-1(b)), 12-6-4, 12-6-5, 12-6-6.5, 12-6-9, 12-6-15, and
12-6-16.
(d) The following amendments are approved effective July 10, 1984.
Revisions submitted March 5, 1984, to the Indiana Statute at IC
13-4.1-2-4, 13-4.1-3-3, 13-4.1-4-3, and 13-4.1-5-7.
(e) The following amendments are approved effective October 19, 1984.
Revisions submitted March 19, 1984, amending Indiana regulations at 310
IAC 12-2-8, 12-3-43, 12-3-118, 12-5-6, 12-5-34, 12-5-35, 12-5-36,
12-5-38, 12-5-40, 12-5-73, 12-5-100, 12-5-101, and 12-5-103, and adding
section 310 IAC 12-5-100.5; with the exception of those provisions
identified in 914.16(b) which require further amendment.
(f) The following amendments are approved effective May 13, 1985.
Revisions to the Indiana Statute as contained in Senate Bill 28,
submitted February 7, 1985, as modified on March 22, 1985. The bill
amends provisions at IC 13-4-6-1.5, IC 13-4.1-3-1, IC 13-4.1-8-1, IC
13-4.1-10-1, IC 13-4.1-12-1, and IC 13-4.1-12-2; and adds IC
13-4-6-1.6, IC 13-4.1-1-7, IC 13-4.1-3-3.5, IC 13-4.1-5-8, and IC
13-4.1-6-9.
(g) The following amendments submitted December 7, 1984, are approved
effective May 15, 1985: revisions amending Indiana regulations at 310
IAC 12-2-11, 12-3-46, 12-3-80, 12-3-96, 12-3-97, 12-3-98, 12-5-3,
12-5-6, 12-5-18, 12-5-19, 12-5-20, 12-5-21, 12-5-23, 12-5-24, 12-5-44,
12-5-69, 12-5-73, 12-5-84, 12-5-85, 12-5-86, 12-5-87, 12-5-89, 12-5-90,
12-5-108, 12-5-137, 12-5-147, and 12-6-2; revisions adding sections 310
IAC 12-5-12.1, 12-5-54.1, 12-5-55.1, 12-5-56.1, 12-5-57.1, 12-5-78.1,
12-5-119.1, 12-5-121.1, 12-5-150.1, and 12-6-9.1; and revisions to
repeal sections 310 IAC 12-5-11, 12-5-12, 12-5-13, 12-5-14, 12-5-15,
12-5-54, 12-5-55, 12-5-56, 12-5-57, 12-5-77, 12-5-78, 12-5-79, 12-5-80,
12-5-81, 12-5-118, 12-5-119, 12-5-120, 12-5-121, 12-5-150, 12-5-151,
12-5-152, 12-5-153, and 12-5-154; with the exception of those
provisions identified in 914.16(d) which require further amendments.
(h) The following amendments are approved effective May 16, 1985,
provided they are adopted by the State in the identical form as
submitted to and approved by the Office of Surface Mining. Revisions
submitted May 29, 1984, as modified in letters dated October 25, 1984
and November 5, 1984, amending Indiana regulations by adding 310 IAC 0.5
and a policy statement signed on October 16, 1984, and submitted October
25, 1984, with the exception of those provisions identified in
914.15(c) which require further amendment.
(i) The following amendments submitted by the Indiana Department of
Natural Resources to OSM on February 18, 1985 are approved effective
June 5, 1985; revisions amending Indiana regulations at 310 IAC
12-3-26, 12-3-64, 12-3-106, 12-3-107 and 12-3-108.
(j) The following amendments submitted by the Indiana Department of
Natural Resources to OSMRE on September 4, 1985, are approved effective
March 17, 1986: Indiana's blaster training, examination and
certification program as contained in the Indiana regulations at 310 IAC
12-1-3, 310 IAC 12-5-33, 310 IAC 12-5-99, 310 IAC 12-8-1, 310 IAC
12-8-2, 310 IAC 12-8-3, 310 IAC 12-8-4, 310 IAC 12-8-5, 310 IAC 12-8-6,
310 IAC 12-8-7, 310 IAC 12-8-8, 310 IAC 12-8-9 and in the blaster
training program.
(k) The following amendments submitted by the Indiana Department of
Natural Resources to OSMRE on December 10, 1985, are approved effective
March 14, 1986: amendments to the Indiana regulations at 310 IAC
0.5-1-1, 310 IAC 0.5-1-2, 310 IAC 0.5-1-3, 310 IAC 0.5-1-4, 310 IAC
0.5-1-5, 310 IAC 0.5-1-8, 310 IAC 0.5-1-9, 310 IAC 0.5-1-10, 310 IAC
0.5-1-11, 310 IAC 0.5-1-12, 310 IAC 0.5-1-13, 310 IAC 0.5-1-15, 310 IAC
0.5-1-16, 310 IAC 0.5-1-17, 310 IAC 0.5-1-18, 310 IAC 0.5-1-19; and the
advisory letter from the Indiana State Office of the Attorney General
dated April 23, 1985.
(l) The following amendments submitted by the Indiana Department of
Natural Resources to OSMRE on December 16, 1985, are approved effective
March 14, 1986: amendments to the Indiana regulations at 310 IAC
12-5-148.
(m) The following amendments submitted by the Indiana Department of
Natural Resources to OSMRE on January 31, 1986, are approved effective
May 13, 1986: amendments to the Indiana regulations at 310 IAC 12-6-11,
310 IAC 12-6-12, 310 IAC 12-6-12.5, 310 IAC 12-3-121, 310 IAC 12-5-34,
310 IAC 12-5-36, 310 IAC 12-5-100 and 310 IAC 12-5-101.
(n) Amendments to the Indiana regulations at 310 IAC 12-3-8 regarding
permit fees, submitted by the Indiana Department of Natural Resources to
OSMRE on May 29, 1986, are approved effective August 14, 1986.
(o) Amendments to the Indiana regulations at 310 IAC 12-5-56.1 and
12-5-121.1 concerning the stabilization of surface areas, and in
particular the repair of rills and gullies, submitted by the Indiana
Department of Natural Resources to OSMRE on September 24, 1986, are
approved effective January 21, 1987.
(p) The following amendments are approved effective April 1, 1987:
Revision to the Indiana Codes as contained in Senate Enrolled Act No.
41 and House Enrolled Act No. 1339 submitted June 11, 1986, as modified
on November 7, 1986. Senate Enrolled Act No. 41 amends provisions at
IC 13-4-6-9, IC 13-4.1-1-3, IC 13-4.1-1-5, IC 13-4.1-3-3, IC 13-4.1-3-4,
IC 13-4.1-3-6, IC 13-4.1-4-1, IC 13-4.11-4-3, IC 13-4.1-4-7, IC
13-4.1-7-1, IC 13-4.1-7-5, IC 13-4.1-7-6, IC 13-4.1-8-1, IC 13-4.1-11-5,
IC 13-4.1-11-6, IC 13-4.1-11-8, IC 13-4.1-11-12, and IC 13-4.1-14-1.
House Enrolled Act No. 1339, effective July 1, 1987, replaces IC 4-22-1
with the new State Administrative Adjudication act at IC 4-21.5.
(q) Amendments to the Indiana regulations at 310 IAC 12-8-4 and
12-8-8 concerning blaster certification application and renewal,
submitted by the Indiana Department of Natural Resources to OSMRE on
December 29, 1986, are approved effective April 1, 1987.
(r) The following amendments submitted by the Indiana Department of
Natural Resources to OSMRE on April 10, 1987, are approved effective
March 22, 1988: amendments to the Indiana regulations at 310 IAC
12-5-12.1(a)(3)(i) and 310 IAC 12-5-78.1(a)(3)(i) concerning removal of
the term ''permanent impoundments'' from the listings of sites for which
topsoil need not be removed.
(s) The following amendments to the Indiana permanent regulatory
program, as submitted to OSMRE on May 4, 1987, are approved effective
April 30, 1987: Revisions to the Indiana Code (IC) as contained in
Senate Enrolled Act No. 42 as submitted on may 4, 1987. Senate
Enrolled Act No. 42 amends provisions at IC 13-4.1-1-8, hearings
exemption; IC 13-4.1-3.2, permit fees; IC 13-4.1-6-8, post-1977
reclamation fund; and IC 13-4.1-12-6, post-1977 reclamation fund.
(t) The following amendments to the Indiana permanent regulatory
program, as submitted to OSMRE on August 13, 1987, are approved
effective November 10, 1988: Revisions to the Indiana Code (IC) as
contained in Senate Enrolled Acts Nos. 44 and 225. Senate Enrolled Act
No. 44 amends IC 13-4.1-6-4, which concerns acceptable surety. Senate
Enrolled Act No. 225 amends IC 13-4.1-11-3, which concerns the
availability of inspection and enforcement data at public libraries;
and IC 13-4.1-11-4, concerning the effective date of notices of
violation.
(u) The following amendments to the Indiana regulatory program, as
submitted to OSM on June 12, 1989, are approved effective October 11,
1989. Amendments to the Indiana regulations at 310 IAC 12-1-3
concerning the definition of ''cemetery,'' and 310 IAC 12-2-7 concerning
lands unsuitable petitions.
(v) The following amendment to the Indiana permanent regulatory
program, as submitted by letter dated August 13, 1987, is approved
effective October 11, 1989: Revisions to the Indiana Surface Coal
Mining Rules concerning coal preparation plants at Sections 310 IAC
12-1-3 (also see section 914.16(a)), 310 IAC 12-3-104, 310 IAC
12-3-104.1, 310 IAC 12-5-155, and 310 IAC 12-5-156.
(w) The following amendments to the Indiana regulatory program, as
submitted by letter dated September 28, 1988, are approved effective
November 1, 1989: Revisions to the Indiana regulations concerning
diversions at 310 IAC 12-5-18, 310 IAC 12-5-19, 310 IAC 12-5-84, and 310
IAC 12-5-85.
(x) The following amendments to the Indiana permanent regulatory
program, as submitted to OSM on March 18, 1988, are approved, with the
exception of the proposed amendments to IC 13-4.1-2-3 concerning the
filing of statements of employment and financial interest, effective
December 15, 1989: Revisions to the Indiana Code (IC) as contained in
Senate Enrolled Act No. 45 that amend IC 13-4.1-11-10, concerning
authority to pursue legal action against any person interfering with
implementation of the regulatory program; and IC 35-44-1-3, concerning
procedures for forwarding conflict of interest disclosure statements.
(y) The following amendment to the Indiana regulatory program, as
submitted to OSM on November 8, 1989, is approved effective April 5,
1990: Amendment to the Indiana Code at IC 13-4.1-10-3 concerning
blasting.
(z) The following amendment, which concerns self-bonding
requirements, is approved effective April 23, 1990, provided the State
promulgates the rules in a form substantively identical to that
submitted on March 18, 1988, and as clarified and modified on October
18, 1989: Revised Indiana IC 13-4.1-6-5 and new Indiana statute IC
13-4.1.6.3.
(aa) The following amendment to the Indiana regulatory program, as
submitted to OSM on December 5, 1989, and as clarified on May 16, 1990,
is approved, except as noted below, effective August 10, 1990.
Amendment to the Indiana Administrative Code at 310 IAC 12-3-111
concerning public participation; 12-5-148 concerning prime farmland;
12-6-8 concerning public hearings; 12-6-9 concerning review of
citations; 12-6-16 concerning civil penalties; and 12-8-9 concerning
suspension or revocation of blaster certification. Action is being
deferred on the proposed amendment at 310 IAC 12-3-111(c) which would
add a reference to 310 IAC 0.6 pending the outcome of OSM's review of
Indiana's proposed program amendments at 310 IAC 0.6.
(bb) The following amendment to the Indiana regulatory program, as
submitted to OSM on December 4, 1989, and amended on August 9, 1990, is
approved, except for IC 13-4.1-6.5-5 concerning the Indiana bond pool,
effective September 24, 1990. Amendment to the Indiana Code at IC
13-4.1-2-2 concerning powers and duties of the director and IC
13-4.1-11-5 concerning cessation orders.
(cc) With the exceptions of those provisions identified here, the
Indiana program amendments to 310 IAC 12-6-6.5 concerning suspension or
revocation of permits submitted to OSM on August 15, 1989, and the
addition of 310 IAC 0.6-1 concerning adjudicative proceedings as
submitted on December 5, 1989, are approved effective January 18, 1991.
OSM is not approving the following amendments: 310 IAC 12-6-6.5(a)(1)
to the extent that the amendment references the provisions at 310 IAC
0.6-1 that are not approved here; 310 IAC 12-6-6.5(a)(3) to the extent
that the amendment references the provisions at 310 IAC 0.6-1 that are
not approved here; 310 IAC 12-6-6.5 (b) to the extent that the
amendment would add the words ''complaint and proposed;'' 310 IAC
12-6-6.5(c) to the extent that it references 310 IAC 0.6-1-5 (b) through
(j); 310 IAC 0.6-1-2(b) concerning the ultimate authority of an
administrative law judge; 310 IAC 0.6-1-3 to the extent that it
references 310 IAC 0.7; 310 IAC 0.6-1-4(c) to the extent that it states
that the administrative law judge is the ultimate authority for the
Department of Natural Resources; 310 IAC 0.6-1-5 (b) through (j) and
the cross-reference to subsections (b) through (j) contained in 310 IAC
0.6-1-5(a); 310 IAC 0.6-1-7 (c) and (d) to the extent that the rule
allows that service of the initial document of a proceeding may be
completed by first class mail; 310 IAC 0.6-1-13(a); and 310 IAC
0.6-1-13(b).
(dd) The following amendment to the Indiana program as submitted to
OSM on October 24, 1990, is approved effective March 15, 1991. Indiana
regulatory authority's explanation and statement concerning how the
existing State program provisions satisfy the required amendment to
allow intervention in a hearing by a person who has an interest which is
or may be adversely affected by the outcome of the proceeding.
(ee) The following amendment (Program Amendment Number 90-1) to the
Indiana program as submitted to OSM on December 11, 1990, is approved
effective March 21, 1991: addition of new article 310 IAC 12-0.5,
transfer of the existing definitions from section 310 IAC 12-1-3 to
article 310 IAC 12-0.5, repeal of section 310 IAC 12-1-3, recodification
and restructuring of existing definitions within new article 310 IAC
12-0.5, and changes to the exemption statement associated with the
definition of ''coal preparation plant'' at 310 IAC 12-0.5-25(c). No
additional revisions to the definitions codified and restructured at
article 310 IAC 12-0.5 are being approved in this rulemaking.
(ff) With the exceptions noted herein, the following amendment to the
Indiana program as submitted to OSM by Indiana, is approved effective
August 2, 1991: Amendments to 310 IAC 12-5-29 concerning hydrologic
balance, water rights and replacement except to the extent that the
amendment would prevent the replacement of affected water supplies under
circumstances which do not involve a legitimate water use by a person
conducting surface mining activities; and 310 IAC 12-5-94 concerning
underground mining, hydrologic balance, water rights and replacement.
(gg) The following amendment (Program Amendment Number 91-2) to the
Indiana program as submitted to OSM on February 15, 1991, is approved
effective August 2, 1991: IC 4-26-3-27.8 concerning the continuance of
specified agencies; IC 13-4.1-2 concerning the regulatory authority;
IC 13-4.1-4 concerning permit approval or denial; IC 13-4.1-5
concerning permit terms; IC 14-3 concerning the Department of Natural
Resources; and the non-code provision at section 46 of Senate Enrolled
Act 362 concerning the Bureau of Mine Reclamation.
(hh) The following amendments to the Indiana program as submitted to
OSM on June 4, 1991 (under Program Amendment Number 91-7A), are approved
effective November 27, 1991: IC 13-4.1-6.3-11 (2) concerning indemnity
agreements; and IC 13-4.1-6.3-13 concerning notice of changes in
financial condition.
(ii) The following amendment (Program Amendment Number 91-9) to the
Indiana program as submitted to OSM on July 11, 1991, is approved
effective December 13, 1991: 310 IAC 0.7-3-5 concerning delegations of
authority for programs administered by the division of reclamation.
(jj) The following amendments to the Indiana program as submitted to
OSM on June 4, 1991, as part of Program Amendment Number 91-7B, are
approved, except as noted herein, effective December 13, 1991: IC
13-4.1-3-2 concerning permit application fee; IC 13-4.1-6-9 concerning
forfeiture of bonds; IC 13-4.1-10-1 concerning blaster certification;
and IC 13-4.1-11-6 concerning pattern of violation. The following
amendment is not approved: IC 13-4.1-1-5 concerning the ''no more
stringent than'' provision. The following amendments which concern the
proposed Indiana bond pool have been transferred to and will be reviewed
with the proposed Indiana bond pool submitted under Administrative
Record No. IND-0559A: IC 13-4.1-6-8 concerning the operator fee; IC
13-4.1-6.5-1 concerning the definition of ''committee''; IC
13-4.1-6.5-2 concerning the definition of ''fund''; IC 13-4.4-6.5-3
concerning the bond pool funds; IC 13-4.1-6.5-4 concerning
participation in the bond pool; IC 13-4.1-6.5-5 concerning bond pool
entrance fee; IC 13-4.1-6.5-6 concerning suspension from the fund; IC
13-4.1-6.5-8 concerning bond pool participation fees; IC 13-4.1-6.5-9
concerning use of bond pool funds; IC 13-4.1-6.5-10 concerning
forfeiture of bond; and IC 13-4.1-6.5-11 concerning bond pool fund
committee.
(kk) The following amendment, which concerns abandoned mine land
reclamation, is approved effective May 11, 1992.
Revisions to the Indiana State Reclamation Plan corresponding to 30
CFR 884.13 as follows:
884.13(c)(1) Goals and Objectives
884.13(c)(2) Project Ranking and Selection Procedures
884.13(c)(3) Coordination with Other Programs
884.13(c)(5) Reclamation on Private Land
884.13(c)(7) Public Participation Policies
884.13(d)(1) Organization of Designated Agency
884.13(e)(1)(2) Description of Eligible Lands and Waters
884.13(f)(1) Economic Base.
(ll) The following amendment submitted to OSM on March 18, 1988, and
modified on October 18, 1989, and June 4, 1991, is approved, except as
noted herein, effective April 20, 1992. The approved amendment consists
of the following revisions to the Indiana regulations:
IC 13-4.1-6.5 -- Establishment of the surface coal mine reclamation
bond pool with the exception of IC 13-4.1-6.5-8(d) which pertains to the
suspension of annual acreage fees for bond pool participants.
IC 13-4.1-6-8 -- Dedication of a minimum of $500,000 within the
post-1977 abandoned mine reclamation fund as collateral for the surface
coal mine reclamation bond pool.
(mm) The following amendments (Program Amendment Nos. 91-4 and 91-6)
to the Indiana program as submitted to OSM on May 22, and May 23, 1991,
respectively, are approved, except as noted below, effective May 29,
1992: (1) 310 IAC 12-5-64.1 and 30 IAC 12-5-128.1 concerning standards
for success for nonprime farmland except the words ''alone or'' at 310
IAC 12-5-64.1 (c)(3)(C) and (c)(6)(C) and 310 IAC 12-5-128.1 (c)(3)(C)
and (c)(6)(C); (2) 310 IAC 12-5-64.2 and 310 IAC 12-5-128.2 concerning
sampling techniques for nonprime farmland; (3) 310 IAC 12-5-64.3 and
310 IAC 12-5-128.3 concerning statistical methodology; and (4) Deletion
of 310 IAC 12-5-64, 310 IAC 12-5-65, 310 IAC 12-5-128, and 310 IAC
12-5-129.
(nn) The following amendments (Program Amendment Number 91-7C) to the
Indiana program as submitted to OSM on June 4, 1991, and clarified on
May 19, 1992, are approved, except as noted herein, effective June 23,
1992: Changes to IC 13-4.1 resulting from Indiana Senate Enrolled Act
154 concerning changes to the fees assessed to provide program income,
requirements for hearings, and changes to the responsibilities of the
director of IDNR and the Natural Resources Commission. No action is
taken on the proposed removal of reference to the Advisory Council from
IC 13-4.1-2-3. The following amendments which concern proposed changes
to Indiana's archaeological and historical preservation provisions have
been transferred to and will be reviewed with proposed Indiana amendment
91-1 (Administrative Record No. (IN-0835): IC 13-4.1-4-3.1 concerning
protection of public parks and historic places; and IC 13-4.1-14-1
concerning areas unsuitable for mining.
(48 FR 37631, Aug. 19, 1983)
Editorial Note: For Federal Register citations affecting 914.15,
see the List of CFR Sections Affected in the Finding Aids section of
this volume.
30 CFR 914.16 Required program amendments.
Pursuant to 30 CFR 732.17, Indiana is required to submit for OSM's
approval the following proposed program amendments by the dates
specified.
(a) By January 5, 1992, Indiana shall amend the Indiana program to
provide timely notice of any decision of the Director of the IDNR to
approve or not approve a permit application to the following persons or
entities: Each person who files comments or objections to the permit
application, and each party to an informal conference or hearing.
(b) By May 15, 1990, Indiana shall submit revisions to IC 13-4.1-2-3
or otherwise propose to amend its program to be in accordance with SMCRA
at section 517(g) and consistent with the Federal regulations at 30 CFR
part 705 which require that no employee of the State regulatory
authority performing any function or duty under SMCRA shall have a
direct or indirect financial interest in any underground or surface coal
mining operation.
(c) (Reserved)
(d) By June 3, 1991, Indiana shall submit for OSM approval, an
amendment to its permanent regulatory program which provides for
adjudicative proceedings for suspension or revocation of permits which
are no less effective than the Federal regulations at 30 CFR 843.13 and
43 CFR 4.1190 through 4.1196.
(e) By June 3, 1991, Indiana shall submit for OSM approval:
(1) An amendment to 310 IAC 0.6-1-13(a) which provides that an award
of costs and expenses, including attorney fees, to a permittee or to the
State of Indiana may only be assessed against a person who is not the
permittee upon a finding of bad faith, where the person acted for the
purpose of harassing or embarrassing the permittee or the State of
Indiana.
(2) An amendment to 310 IAC 0.6-1-13(b) which requires that any award
of costs and expenses, including attorney fees, from a permittee to a
person who participated in but did not initiate a proceeding must be
based on a substantial contribution that is separate and distinct from
the contribution made by the person that initiated the proceeding.
(f) By January 3, 1992, Indiana shall amend 310 IAC 12-5-29, or
otherwise amend the Indiana regulatory program to clearly require the
replacement of water supplies which are affected by contamination,
diminution, or interruption proximately resulting from surface mining
activities which do not involve a legitimate water use by a person
conducting these surface mining activities.
(g) By May 15, 1992, Indiana must either delete its proposed
provisions at IC 13-4.1-1-5 concerning the no more stringent than
provision, or amend IC 13-4.1-1-5 to comply with SMCRA and the Federal
regulations. Any revised proposal must include provisions ensuring that
OSM and the public have the requisite opportunity to evaluate whether
allegedly more stringent rules or permit conditions are in fact
unnecessary for the Indiana program or permit to remain consistent with
Federal (or, in the case of a permit, State) requirements.
(h) By June 30, 1992, Indiana shall complete:
(1) An actuarial study of the surface coal mine reclamation bond pool
as set forth in OSM and IDNR Cooperative Agreement GR 193184, and shall
initiate action to implement any forthcoming recommendations on
participant fees and other matters affecting the long-term solvency of
the pool.
(2) The recalculation of performance bonds for all existing bond pool
members and, if indicated, require the submission of additional Phase I
performance bond.
(i) By November 1, 1992, Indiana must amend 310 IAC
12-5-64.1(c)(3)(C) and (c)(6)(C) and 310 IAC 12-5-128.1(c)(3)(C) and
(c)(6)(C) by deleting the words ''alone or.''
(j) By November 1, 1992, Indiana must amend 310 IAC 12-5-64.1(g) and
12-5-128.1(g) to clarify that ''test plots'' will be used with the
repair of small areas and that no such small areas will be exempted from
the success standards.
(k) By November 1, 1992, Indiana must amend 310 IAC 12-5-64.2(a) by
deleting paragraph (1).
(50 FR 13567, Apr. 5, 1985 and 50 FR 20416, May 16, 1985, as amended
at 51 FR 8824, Mar. 14, 1986; 51 FR 9008, Mar. 17, 1986; 51 FR 17481,
May 13, 1986; 53 FR 9317, Mar. 22, 1988; 54 FR 41828, Oct. 12, 1989;
54 FR 51391, Dec. 15, 1989; 56 FR 1921, Jan. 18, 1991; 56 FR 11100,
Mar. 15, 1991; 56 FR 11934, Mar. 21, 1991; 56 FR 37015, 37019, Aug. 2,
1991; 56 FR 65000, Dec. 13, 1991; 57 FR 14355, Apr. 20, 1992; 57 FR
22659, May 29, 1992)
30 CFR 914.20 Approval of Indiana abandoned mine plan.
The Indiana Abandoned Mine Plan, as submitted and revised is
approved. Copies of the approved program are available at:
The Office of Surface Mining Reclamation and Enforcement, Indiana
State Office, Room 524, U.S. Court House and Federal Building, 46 East
Ohio Street, Indianapolis, Indiana 46207
State of Indiana, Department of Natural Resources, 608 State Office
Building, Indianapolis, Indiana 46204
(47 FR 32110, July 26, 1982)
30 CFR 914.25 Amendments to approved Indiana abandoned mine land
reclamation plan.
The following amendments to the Indiana AMLR plan, as submitted on
January 22, 1988, and modified on June 30, 1988, and August 10, 1988,
are approved effective December 29, 1988: Revisions to the Indian AMLR
plan which concern policies and procedures regarding project selection
reclamation coordination, land acquisition, rights of entry, lien
consideration, public participation, procurement, accounting systems,
endangered and threatened species listing, and a revised administrative
and management structure of the plan.
(53 FR 47952, Nov. 29, 1988)
30 CFR 914.25 PART 915 -- IOWA
Sec.
915.1 Scope.
915.10 State regulatory program approval.
915.11 Conditions of State regulatory program approval (Reserved)
915.15 Approval of regulatory program amendments.
915.16 Required program amendments.
915.20 Approval of Iowa abandoned mine plan.
Authority: 30 U.S.C. 1201 et seq.
30 CFR 915.1 Scope.
This part contains all rules applicable only within Iowa which have
been adopted under the Surface Mining Control and Reclamation Act of
1977.
(46 FR 5891, Jan. 21, 1981)
30 CFR 915.10 State regulatory program approval.
The Iowa program as submitted February 28, 1980, and as amended and
clarified June 11, 1980, and December 15, 1980, was approved effective
April 10, 1981. The amendments submitted October 1, 1981, were approved
effective May 26, 1982. The amendments submitted June 3, 1982, were
approved effective September 8, 1982. The amendments submitted
September 28, 1982 were approved effective January 4, 1983. Copies of
the approved program, as amended, are available at:
(a) Iowa Division of Soil Conservation, Wallace State Office
Building, Des Moines, Iowa 50319.
(b) Office of Surface Mining Reclamation and Enforcement,
Professional Building, 1103 Grand Avenue, Kansas City, Missouri 64106.
(c) Office of Surface Mining, Administrative Record, Room 5315, 1100
L Street, N.W., Washington, D.C. 20240.
(48 FR 245, Jan. 4, 1983, as amended at 51 FR 35633, Oct. 7, 1986)
30 CFR 915.15 Approval of regulatory program amendments.
(a) The following amendments are approved effective December 7, 1984:
Iowa subrules 4.523(63) and 4.322(14), pertaining to subsidence
control; public notice and prime farmland, respectively submitted May
9, 1984.
(b) The following amendments submitted to OSM on January 31, 1985 and
February 5, 1985, are approved effective May 24, 1985: Code of Iowa,
1983, Chapter 83, Section 15; IAC 780-4.6 (83), and 780-4.42(1)(83).
(c) (Reserved)
(d) The following amendments submitted to OSMRE on July 25 and 26,
1985, and modified on February 13, and March 4, 1986, are approved
effective May 9, 1986: Iowa Administrative Code 780-4.35(6),
780-4.361(9), 780-4.321(8), 780-4.35(1), 780-4.37(2), 780-4.6(1),
780-4.6(4), and 780-Chapter 26.
(e) The following amendment submitted to OSMRE on June 16, 1986, is
approved effective October 7, 1986: Iowa Senate File 2175: State
Government Reorganization Bill.
(f) The following amendments submitted to OSMRE on August 12, 1986,
are approved effective December 11, 1986: Iowa Administrative Code
subrules 4.522(15)c and 4.522(15)g: sedimentation ponds.
(g) The following amendment submitted to OSMRE on April 28, 1987, is
approved effective October 7, 1987. Code of Iowa, 1987, Chapter 83,
section 83.7.
(h) The following amendment to the Iowa program, as submitted to
OSMRE on June 9, 1988, is approved effective December 9, 1988:
Revisions to Section 83.26 of the Code of Iowa repealing the provision
excluding coal extraction operations affecting one-half acre or less
from regulation.
(i) With the exceptions of IAC 27-40.3, regarding termination of
jurisdiction; IAC 27-40.4, definition of previously mined area; IAC
27-40.11, initial regulatory authority -- scope; IAC 27-40.21 and
27-40.21(5), areas designated by an Act of Congress; IAC 27-40.39,
requirements for permits for special categories of mining, coal
preparation plants not located within the permit area of a mine; IAC
27-40.51(5), bond and insurance requirements for surface coal mining and
reclamation operations under regulatory programs; IAC 27-40.61,
permanent program performance standards -- general provisions,
responsibility; IAC 27-40.63, permanent program performance standards
-- surface mining activities, coal mine waste: General requirements and
backfilling and grading for thin and thick overburden and IAC 27-40.64,
permanent program performance standards -- underground mining
activities, coal mine waste: General requirements and refuse piles;
IAC 27-40.66, special permanent program performance standards --
operations on prime farmland, applicability; IAC 27-40.67, permanent
program performance standards -- coal preparation plants not located
within the permit area of a mine, scope and interim performance
standards; IAC 27-40.72(3), inspections and monitoring -- reviews of
decision not to inspect or enforce; IAC 27-40.73(2)c, 27-40.73(6)e, and
27-40.73(6)g, enforcement; IAC 27-40.74(6), civil penalties; IAC
27-40.82, certification of blasters, scope and implementation; and IAC
27-40.99(1)d and 27-40.99(2)a, decision of the administrative law judge,
the following revisions to the Iowa Administrative Code formally
submitted to OSM on December 26, 1990, are approved effective November
6, 1991.
IAC 27-40.1, Authority and Scope
IAC 27-40.2, Rules or subrules are Severable
IAC 27-40.3, General (excluding the incorporation by reference of 30
CFR 700.11(d), termination of jurisdiction)
IAC 27-40.4, Permanent Regulatory Program (excluding the definition
of previously mined area)
IAC 27-40.5, Restrictions on Financial Interests of State Employees
IAC 27-40.6, Exemptions for Coal Extraction Incident to
Government-Financed Highway or Other Constructions
IAC 27-40.7, Protection of Employees
IAC 27-40.11, Initial Regulatory Program (excluding the incorporation
by reference of 30 CFR 710.1(b))
IAC 27-40.12, General Performance Standards -- Initial Program
IAC 27-40.13, Special Performance Standards -- Initial Program
IAC 27-40.21, Areas designated by an Act of Congress (excluding
27-40.21(5) and the incorporation of 30 CFR 761.3)
IAC 27-40.22, Criteria for Designating Areas as Unsuitable for
Surface Coal Mining Operations
IAC 27-40.23, State Processes for Designating Areas Unsuitable for
Surface Coal Mining Operations
IAC 27-40.30, Requirements for Coal Exploration
IAC 27-40.31, Requirements for Permits and Permit Processing
IAC 27-40.32, Revision, Renewal, and Transfer, Assignment, or Sale of
Permit Rights
IAC 27-40.33, General Content Requirements for Permit Applications
IAC 27-40.34, Permit Application -- Minimum Requirements for Legal,
Financial, Compliance, and Related Information
IAC 27-40.35, Surface Mining Permit Applications -- Minimum
Requirements for Information on Environmental Resources
IAC 27-40.36, Surface Mining Permit Applications -- Minimum
Requirements for Reclamation and Operation Plan
IAC 27-40.37, Underground Mining Permit Applications -- Minimum
Requirements for Information on Environmental Resources
IAC 27-40.38, Underground Mining Permit Applications -- Minimum
Requirements for Reclamation and Operation Plan
IAC 27-40.39, Requirements for Permits for Special Categories of
Mining (excluding the incorporation by reference of 30 CFR 785.21)
IAC 27-40.41, Permanent Regulatory Program -- Small Operator
Assistance Program
IAC 27-40.51, Bond and Insurance Requirements for Surface Coal Mining
and Reclamation Operations under Regulatory Programs (excluding IAC
27-40.51(5))
IAC 27-40.61, Permanent Program Performance Standards -- General
Provisions (excluding the incorporation by reference of 30 CFR 810.4)
IAC 27-40.62, Permanent Program Performance Standards -- Coal
Exploration
IAC 27-40.63, Permanent Program Performance Standards -- Surface
Mining Activities (excluding the incorporation by reference of 30 CFR
816.81, 816.83, 816.104(a), and 816.105(a))
IAC 27-40.64, Permanent Program Performance Standards -- Underground
Mining Activities (excluding the incorporation by reference of 30 CFR
817.81(c)(2) and 817.83)
IAC 27-40.65, Special Permanent Program Performance Standards --
Auger Mining
IAC 27-40.66, Special Permanent Program Performance Standards --
Operations on Prime Farmland (excluding the incorporation by reference
of 30 CFR 823.11)
IAC 27-40.67, Permanent Program Performance Standards -- Coal
Preparation Plants Not Located Within the Permit Area of a Mine
(excluding the incorporation by reference of 30 CFR 827.1 and 827.13(a)
(1) through (3))
IAC 27-40.68, Special Permanent Program Performance Standards -- In
situ Processing
IAC 27-40.71, State Regulatory Authority -- Inspection and
Enforcement
IAC 27-40.72, Inspections and Monitoring (excluding IAC 27-40.72(3))
IAC 27-40.73, Enforcement (excluding IAC 27-40.73(2)c, (6)e, and
(6)g)
IAC 27-40.74, Civil Penalties (excluding IAC 27-40.74(6))
IAC 27-40.81, Permanent Regulatory Program Requirements -- Standards
for Certification of Blasters
IAC 27-40.82, Certification of Blasters (excluding the incorporation
by reference 30 CFR 955.1 and .2
IAC 27-40.91, Procedural Rules: Contested Cases and Public Hearings
IAC 27-40.92, Contested Cases
IAC 27-40.93, Commencement of Proceeding
IAC 27-40.94, Appeals of Division Notices and Orders
IAC 27-40.95, Prehearing Motions
IAC 27-40.96, Issuance of Notices of Hearing
IAC 27-40.97, Hearing Procedures
IAC 27-40.98, Posthearing Procedures
IAC 27-40.99, Decision of the Hearing Officer (excluding IAC
27-40.99(1)d and (2)a)
(49 FR 47835, Dec. 7, 1984 and 50 FR 21442, May 24, 1985, as amended
at 51 FR 17178, May 9, 1986; 51 FR 35633, Oct. 7, 1986; 51 FR 44600,
Dec. 11, 1986; 52 FR 37453, Oct. 7, 1987; 53 FR 49657, Dec. 9, 1988;
56 FR 56594, Nov. 6, 1991)
30 CFR 915.16 Required program amendments.
(a) By January 6, 1992, Iowa must amend its program:
(1) At 27-40.4 by providing a definition for ''previously mined
area'' that excludes all highwalls created after August 3, 1977, and all
fully reclaimed sites.
(2) At IAC 27-40.11 by substituting the appropriate State citations
for the existing Federal citations and at IAC 27-40.11(2) by deleting
from incorporation by reference the Federal regulation at 30 CFR 710.12.
(3) At IAC 27-40.13 by deleting from incorporation by reference
subparagraphs (1) through (5) from the Federal regulation at 30 CFR
716.1(a).
(4) At IAC 27-40.21 by specifying that the general word substitutions
of IAC 27-40.1 do not apply to the incorporated version of 30 CFR 761.3
and at IAC 27-40.21(5) by either eliminating the proposed incorporation
of 30 CFR 761.12(c) or deleting the proposed replacement of the Federal
regulation's reference to section 522(e)(2) of SMCRA.
(5) At IAC 27-40.32(1) by requiring that the Federal regulations at
30 CFR 773.13, 773.19(b) (1) and (3), and 778.21 apply, at a minimum, to
all significant permit revisions and that the division may, at any time,
as well as at midterm review, require reasonable revisions or
modifications.
(6) At IAC 27-40.39 to clarify that proximity may not be the decisive
factor in deciding to regulate an off-site processing plant.
(7) At IAC 27-40.51(5) by incorporating the phrase ''and part 823 of
this chapter'' in its rule.
(8) At IAC 27-40.61 to require that the performance standards and
design requirements of Iowa's approved program be followed. It is also
suggested that Iowa delete the reference to ''parts 818 through 828'' at
30 CFR 810.11 in both instances where it appears and replacing it with
''parts 819, 823, 827 and 828.'' There is no part 818 and Iowa properly
has chosen not to incorporate parts 820, 822, 824 and 825.
(9) At IAC 27-40.63 and IAC 27-40.64 to amend its rule to provide
design criteria, specifically, stability requirements; both long-term
and under all conditions of construction.
(10) At IAC 27-40.63 and IAC 27-40.64 to amend its rule to provide
design criteria, specifically, for lift thickness and long-term
stability.
(11) At IAC 27-40.63 by providing objective formulae for defining
thin and thick overburden.
(12) At IAC 27-40.66 to require that prime farmland occupied by all
coal preparation plants, support facilities and roads that are a part of
the surface mining activities must meet the applicable prime farmland
performance standards.
(13) At IAC 27-40.67 by clarifying that proximity may not be the
decisive factor ineciding to regulate an offsite processing plant.
(14) At IAC 27-40.67 by deleting from incorporation by reference
subchapters 30 CFR 827.13 (a) (1) through (3) that do not apply to
Iowa's program.
(15) At IAC 27-40.72(3) by requiring that the name of the person who
is or may be adversely affected shall not be disclosed unless
confidentiality has been waived or disclosure if required consistent
with the Federal regulation at 30 CFR 842.15(b).
(16) At IAC 27-40.73(2)c by referencing the appropriate counterpart
rule to section 521(a)(5) of SMCRA.
(17) At IAC 27-40.73(6)e by referencing the State statutes or rules
that establish procedural requirements for formal adjudicatory hearings
instead of Iowa Code section 83.14.
(18) At IAC 27-40.73(6)(g) by referencing the appropriate sections of
the Iowa Code that contain provisions corresponding to section 521(a)(4)
and remaining portions of section 525 of SMCRA.
(19) At IAC 27-40.74(6) require that the proposed penalty amount be
put in escrow pending the completion of the administrative or judicial
review process. Iowa must also establish escrow account handling
provisions corresponding to those set forth at 30 CFR 845.20.
(20) At IAC 27-40.82 by making the changes necessary to reflect the
Iowa program and not the Federal program.
(21) At IAC 27-40.99(l)d and 27-40.99(2)a by deleting the reference
to Iowa Code section 83.14, subsection 4, and instead develop or refer
to those program provisions that establish procedures for appealing the
decision of an administrative law judge and for the conduct of appeals
before the Committee in a manner similar to the Federal regulations at
43 CFR part 4.
(56 FR 56594, Nov. 6, 1991)
30 CFR 915.20 Approval of Iowa abandoned mine plan.
The Iowa Abandoned Mine Plan, as submitted and revised, is approved.
Copies of the approved program are available at:
Office of Surface Mining Reclamation and Enforcement, Professional
Building, 1103 Grand Avenue, Kansas City, Missouri 64106.
Iowa Division of Soil Conservation, Wallace State Office Building,
Des Moines, Iowa 50319.
(51 FR 35633, Oct. 7, 1986)
30 CFR 915.20 PART 916 -- KANSAS
Sec.
916.1 Scope.
916.10 State regulatory program approval.
916.12 State program provisions and amendments disapproved.
916.15 Approval of regulatory program amendments.
916.16 Required regulatory program amendments.
916.20 Approval of Kansas Abandoned Mine Land Reclamation Plan.
916.25 Approval of abandoned mine land reclamation plan amendments.
Authority: 30 U.S.C. 1201 et seq.
30 CFR 916.1 Scope.
This part contains all rules applicable only within Kansas which have
been adopted under the Surface Mining Control and Reclamation Act of
1977.
(46 FR 5898, Jan. 21, 1981)
30 CFR 916.10 State regulatory program approval.
The Kansas program as submitted on February 26, 1980, and amended on
October 31, 1980, was conditionally approved, effective January 21,
1981. Beginning on that date, and continuing until July 1, 1988, the
Kansas Mined Land Conservation and Reclamation Board was deemed the
regulatory authority in Kansas for all surface coal mining and
reclamation operations on non-Federal and non-Indian lands. Beginning
on July 1, 1988, the Department of Health and Environment shall be
deemed the regulatory authority, pursuant to the program transfer
provisions of House Bill 3009 as signed by the Governor of Kansas on
April 8, 1988. Copies of the approved program, as amended, are
available at:
(a) Office of Surface Mining Reclamation and Enforcement, Kansas City
Field Office, 1103 Grand Avenue, Room 502, Kansas City, Missouri 64106.
(b) Kansas Department of Health and Environment, Division of
Environment, Bureau of Waste Management, Surface Mining Section, 107 W.
11th Street, P.O. Box 1418, Pittsburg, Kansas 66762.
(c) Office Surface Mining Reclamation and Enforcement, Administrative
Record Office, 1100 L Street NW., Room 5131 Washington, DC 20240.
(53 FR 39086, Oct. 5, 1988)
30 CFR 916.12 State program provisions and amendments disapproved.
(a) The following provisions of the Kansas Administrative Regulations
(K.A.R.) as submitted on April 23, 1986, and January 26, 1988, are
disapproved: Paragraphs (c) and (d) of K.A.R. 47-9-1 insofar as they
incorporate by reference 30 CFR 816.133(d) and 817.133(d), which
establish criteria for variances from approximate original contour
requirements.
(b) (Reserved)
(53 FR 39470, Oct. 7, 1988)
30 CFR 916.15 Approval of regulatory program amendments.
(a) The following amendments were approved effective April 14, 1982:
(1) Amended sections 49-411, 49-412, and 49-422a of the Kansas Mined
Land Conservation and Reclamation Act (MLCRA), adopted May 14, 1981.
(2) Sections 49-413, 49-414, 49-421, 49-416, and 49-422 of the MLCRA
were repealed upon adoption of House Bill 2182, May 14, 1981.
(3) New section 49-430 of the MLCRA, adopted May 14, 1980.
(b) The following amendments were approved effective March 1, 1983.
(1) Amended sections 49-403, 49-405c, 49-406, and 49-420 of the
MLCRA, and new section 10 of House Bill 2182, adopted May 14, 1981.
(2) Kansas revised regulations K.A.R. 47-2-21, 47-8-10, and 47-8-11.
(c) The following amendments submitted to OSM on March 16, 1984, are
approved effective June 8, 1984.
(1) Amended section 49-406 of the MLCRA, adopted May 10, 1984;
(2) Kansas regulation K.A.R. 47-1-10.
(d) The following amendment submittted to OSM on December 21, 1984,
is approved April 11, 1985. Kansas regulation K.A.R. 47-15-13.
(e) The following amendments submitted April 4, 1985, are approved
effective November 15, 1985.
(1) K.S.A 1984 Supp. 49-406(g).
(2) Revisions amending Kansas regulations K.A.R. 47-1-11, K.A.R.
47-2-75, K.A.R. 47-3-42(a)(45), K.A.R. 47-3-42(a)(23), K.A.R. 47-3-42,
K.A.R. 47-Article 5, K.A.R. 47-8-9(j), K.A.R. 47-8-9a, K.A.R. 47-9-1,
K.A.R. 47-9-2, K.A.R. 47-9-3, K.A.R. 47-13-4, K.A.R. 47-13-5, K.A.R.
47-13-6, and K.A.R. 47-Article 15.
(3) Memoranda of Understanding with the following State agencies:
Fish and Game Commission, Division of Water Resources, Department of
Health and Environment, State Geological Survey, State Historical
Society, State Water Office, State Conservation Commission and State
Fire Marshal.
(f) The following amendments submitted to OSMRE on April 23, 1986,
with additional materials subsequently submitted on November 7, 1986,
are approved effective May 26, 1987:
Revisions to the Kansas Administrative Regulations in Chapter 47,
Article 1 -- General 47-1-4, Article 2 -- Meaning of Terms 47-2-7,
47-2-17, 47-2-44, 47-2-53, 47-2-53a, 47-2-75, Article 3-Application for
Mining Permit 47-3-2, 47-3-3, 47-3-3a, 47-3-4, 47-3-21, 47-3-40,
47-3-42, Article 4 -- Public Hearings 47-4-14, 47-4-15, Article 6 --
Permit Review 47-6-3, 47-6-4, 47-6-5, 47-6-6, Article 7 -- Coal
Exploration 47-7-2, Article 8 -- Bonding Procedures 47-8-2, 47-8-9,
47-8-9a, 47-8-10, Article 9 -- Performance Standards 47-9-1, 47-9-3,
47-9-4, Article 10 -- Underground Mining 47-10-1, Article 11 -- Small
Operators Assistance Program 47-11-8, Article 12-Lands Unsuitable for
Surface Mining 47-12-4, Article 15 -- Inspection and Enforcement
47-15-1a.
(g) The following amendments submitted to OSMRE on August 5, 1987 are
approved effective December 31, 1987.
(1) Revisions to the Kansas Statutes Annotated in Chapter 49 -- Act
not applicable to extraction of coal in certain circumstances 49-431.
(2) Revisions to the Kansas Administrative Regulations in Chapter 47,
Article 9 -- 47-9-1 Incorporation by reference 816.100 Contemporaneous
Reclamation, 816.102 Backfilling and Grading-General, 816.22 Topsoil
Redistribution.
(h) The following statutory amendment submitted to OSMRE on April 29,
1988, Transferring administration of the Kansas program from the Mined
Land Reclamation and Conservation Board to the Kansas Department of
Health and Environment is approved effective July 1, 1988: Revisions to
the Kansas Statutes Annotated (K.S.A.) sections 49-402, 49-404, 49-405,
49-405a, 49-405b, 49-405c, 49-405d, 49-407, 49-408, 49-409, 49-410,
49-413, 49-415, 49-416, 49-416a, 49-417, 49-420, 49-421a, 49-426,
49-427, 49-428, 49-429, 49-432, and 49-433 and K.S.A. 1987 Supplement
49-403, 49-406, and 49-422a.
(i) With the exception of those provisions disapproved in 916.12(a),
the following amendments to the Kansas Administrative Regulations
(K.A.R.), as submitted to OSMRE on January 26, 1988, are approved
effective October 7, 1988. Revisions to K.A.R. 47-2-75 (Definitions),
47-3-42(a) (Application for Mining Permit), 47-7-2 (Coal Exploration),
47-9-1 (c) and (d) (Performance Standards), 47-10-1 (Underground
Mining), and 47-12-4 (Land Unsuitable for Surface Mining) to incorporate
by reference the corresponding Federal regulations as they were in
effect on July 1, 1987, and to include specific contemporaneous
reclamation standards.
(j) With the exception of the proposed amendments at the Preface
exempting certain permits from the success standards and sampling
criteria and methodologies contained in the guidance document, at
Chapter II, Section C, Pasture Land and Grazing Land Topsoiled, Chapter
IV, Sections E and H, Prime Farmland Cropland, and Chapter V, Sections E
and H, Cropland, allowing the use of green weights in determining
statistical sample adequacy in the evaluation of forage or crop
production, at Chapter II, Section C, Pasture Land and Grazing Land
Topsoiled, Chapter IV, Section H, Prime Farmland Cropland, and Chapter
V, Section H, Cropland, allowing the use of representative samples based
on ocular estimates of forage composition for determining forage
moisture content and calculating dry weights of forage production
samples, and at Chapter IV, Section E, Prime Farmland Cropland and
Chapter V, Section E, Cropland, under the subsections entitled ''Special
Problems in Row Crop Sampling,'' the exclusion of blank areas during the
random sampling of row crop test plots or fields, the following
amendment as originally submitted by Kansas to OSM on June 8, 1990, and
as revised and resubmitted on September 17, 1990, is approved effective
February 19, 1991. The amendment consists of a revegetation guidance
document entitled ''Revegetation Standards for Success and Statistically
Valid Sampling Techniques for Measuring Revegetation Success.''
(k) With the exceptions of K.A.R. 47-2-14, the definition for
''complete and accurate application''; K.A.R. 47-2-75(b), the
definition for ''previously mined area''; K.A.R. 47-2-75(d)(6), the
definition regarding individual civil penalties; K.A.R.
47-3-42(a)(40), Coal preparation plants not located within the permit
area of a specified mine; K.A.R. 47-4-14a(c)(7), Intervention; K.A.R.
47-4-14a(c)(8), Voluntary dismissals; K.A.R. 47-4-14a(c)(11), Waiver of
hearing; K.A.R. 47-4-14a(d), Formal hearings; K.A.R. 47-4-14a(d)(2),
Disqualification of presiding officers; K.A.R. 47-4-14a(d)(3),
Prehearing conference; notice; K.A.R. 47-4-14a(d)(4)(G),
(d)(5)(B)(i), and (d)(5)(B)(vii), Prehearing conference; K.A.R.
47-4-14a(d)(6)(A), (C)(iv), (C)(vii), and (E), Notice of administrative
hearing; K.A.R. 47-4-14a(d)(7)(C), Default; K.A.R. 47-4-14a(d)(10) (D)
and (E), The presiding officer; K.A.R. 47-4-14a(d)(15), Stay; K.A.R.
47-4-14a(d)(16)(A), Reconsideration; K.A.R. 47-4-14a(d)(17)(C), Orders;
K.A.R. 47-4-14a(e), Conference hearing; use, when; K.A.R.
47-4-14a(f), Emergency proceedings; K.A.R. 47-4-14a(g), Summary
proceedings; K.A.R. 47-4-15(a), (c), (1)(4), (1)(7), and (m)(3)(C),
Administrative hearings; discovery; K.A.R. 47-5-5a(a), and K.A.R.
47-5-5a(b), Civil penalties; K.A.R. 47-5-5a(c), (2)(A)(ii), (c)(4)(A),
(c)(1)(C), and (c)(2)(C), Review of proposed assessments of civil
penalties; K.A.R. 47-5-5a(c)(5), Burden of proof in civil penalty
proceedings; K.A.R. 47-5-5a(c)(7)(D), Initial order of the presiding
officer; K.A.R. 47-5-51(c)(8), Appeals; K.A.R. 47-6-7(e) and (h)(2),
Permit suspension or revocation; K.A.R. 47-6-8, Termination of
jurisdiction; adoption by reference; K.A.R. 47-9-1(c)(36), Backfilling
and grading: Thin overburden and K.A.R. 47-9-1(c)(37), Backfilling and
grading: Thick overburden; K.A.R. 47-9-1(d)(47)-(50), Permanent
program performance standards -- underground mining; K.A.R.
47-9-1(f)(2), Applicability; K.A.R. 47-15-1a(a)(1), Inspections by
State regulatory authority; K.A.R. 47-15-1a(a)(6), (a)(12), and (b),
Inspection and enforcement, the following revisions to the Kansas
Administrative regulations (K.A.R.) submitted to OSM on June 29, 1989,
as revised on November 20, 1989, June 29, 1990, and October 9, 1990, are
approved effective September 13, 1991.
K.A.R. 47-1-1, Title.
K.A.R. 47-1-3, Communication.
K.A.R. 47-1-4, Sessions.
K.A.R. 47-1-8, Petitions to Initiate Rulemaking.
K.A.R. 47-1-9, Notice of Citizen Suits.
K.A.R. 47-1-10, General Notice Requirement.
K.A.R. 47-1-11, Permittee Preparation and Submission of Reports.
K.A.R. 47-2-14, Complete and Accurate Application Defined.
K.A.R. 47-2-21, Employee Defined.
K.A.R. 47-2-53, Regulatory Authority or State Regulatory Authority
Defined.
K.A.R. 47-2-67, Surety Bond Defined.
K.A.R. 47-2-75, Definitions -- Adoption by Reference.
K.A.R. 47-3-1, Application for Mining Permit.
K.A.R. 47-3-2, Application for Mining Permit -- Adoption by
Reference.
K.A.R. 47-3-3a, Application for Mining Permit -- Maps.
K.A.R. 47-3-42, Application for Mining permit -- Adoption by
Reference.
K.A.R. 47-4-14a, Administrative Hearing Procedure.
K.A.R. 47-4-15, Administrative Hearings, Discovery.
K.A.R. 47-4-16, Interim Orders for Temporary Relief.
K.A.R. 47-4-17, Administrative Hearings, Award of Costs and Expenses.
K.A.R. 47-5-5a, Civil Penalties -- Adoption by Reference.
K.A.R. 47-5-16, Civil Penalties -- Final Assessment and Payment of
Civil Penalties.
K.A.R. 47-6-1, Permit Review.
K.A.R. 47-6-2, Permit Revision.
K.A.R. 47-6-3, Permit Renewals -- Adoption by Reference.
K.A.R. 47-6-4, Permit Transfers, Assignments, and Sales -- Adoption
by Reference.
K.A.R. 47-6-6, Permit Conditions -- Adoption by Reference.
K.A.R. 47-6-7, Permit Suspension or Revocation.
K.A.R. 47-6-8, Termination of Jurisdiction -- Adoption by Reference.
K.A.R. 47-6-9, Exemption for Coal Extraction Incident to Government
Financed Highway or Other Construction -- Adoption by Reference.
K.A.R. 47-6-10, Exemption for Coal Extraction Incidental to the
Extraction of Other Minerals -- Adoption by Reference.
K.A.R. 47-7-2, Coal Exploration -- Adoption by Reference.
K.A.R. 47-8-9, Bonding Procedures -- Adoption by Reference.
K.A.R. 47-8-11, Use of Forfeited Bond Funds.
K.A.R. 47-9-1, Performance Standards -- Adoption by Reference.
K.A.R. 47-9-2, Revegetation.
K.A.R. 47-9-4, Interim Program Performance Standards -- Adoption by
Reference.
K.A.R. 47-10-1, Underground Mining -- Adoption by Reference.
K.A.R. 47-11-8, Small Operator Assistance Program -- Adoption by
Reference.
K.A.R. 47-12-4, Lands Unsuitable for Surface Mining -- Adoption by
Reference.
K.A.R. 47-13-4, Training and Certification of Blasters -- Adoption by
Reference.
K.A.R. 47-13-5, Responsibilities of Operators and Blasters-in-Charge.
K.A.R. 47-13-6, Training Program.
K.A.R. 47-14-7, Employee Financial Interest -- Adoption by Reference.
K.A.R. 47-15-1a, Inspection and Enforcement -- Adoption by Reference.
K.A.R. 47-15-3, Lack of Information; Inability to Comply.
K.A.R. 47-15-4, Injunctive Relief.
K.A.R. 47-15-7, State Inspections.
K.A.R. 47-15-8, Citizen's Request for State Inspections.
K.A.R. 47-15-15, Service of Notices of Violation and Cessation
Orders.
K.A.R. 47-15-17, Maintenance of Permit Areas.
(l) The procedures in ''Guidelines for the repair of rills and
gullies in Kansas'' submitted by Kansas for approval as a normal
husbandry practice on October 30, 1989, is approved April 13, 1992.
(48 FR 8446, Mar. 1, 1983, as amended at 49 FR 23836, June 8, 1984;
50 FR 14213, Apr. 11, 1985; 50 FR 47218, Nov. 15, 1985; 52 FR 19508,
May 26, 1987; 52 FR 49398, Dec. 31, 1987; 53 FR 39086, Oct. 5, 1988;
53 FR 39470, Oct. 7, 1988; 56 FR 6564, Feb. 19, 1991; 56 FR 46547,
Sept. 13, 1991; 57 FR 12720, Apr. 13, 1992)
30 CFR 916.16 Required regulatory program amendments.
(a) By September 1, 1989, Kansas shall (1) submit revisions to K.A.R.
47-9-1 (c) and (d) to remove the incorporation by reference of 30 CFR
816.133(d) and 817.133(d), (2) submit revisions to K.A.R. 47-3-42 to
include provisions no less effective than those of 30 CFR 785.16, or (3)
otherwise propose to amend its program to be no less effective than the
Federal regulations with respect to variances from approximate original
contour.
(b) By November 12, 1991, Kansas shall amend its program as follows:
(1) At K.A.R. 47-2-14 by removing the proposed definition for
''complete and accurate application'' at K.A.R. 47-2-14.
(2) At K.A.R. 47-2-75(a) by renumbering the subsections so that there
are not two different subsections numbered (5), and by requiring at
K.A.R. 47-2-75(a)(6) that the appropriate subsections of K.A.R. 47-14-7
(adopting by reference portions of 30 CFR part 705) be included in the
list of rules wherein the term ''Director'' refers to the Director of
OSM.
(3) At K.A.R. 47-2-75(d)(6) by removing proposed K.A.R.
47-2-75(d)(6).
(4) At K.A.R. 47-3-42(a)(2) and (a)(43) by clarifying that the term
Act, as used in K.A.R. 47-3-42(a)(2) and 47-3-42(a)(43), means SMCRA.
(5) At K.A.R. 47-3-42(a)(9) by requiring Kansas to expand its
substitution to include K.A.R. 47-3-42 (18) to (35), inclusive.
(6) At K.A.R. 47-3-42(a)(40) by clarifying that proximity may not be
the decisive factor in deciding to regulate an off-site processing
plant.
(7) At K.A.R. 47-4-14a(c)(1) by requiring that hearings locations are
selected in accordance with K.A.R. 47-4-14a(c)(1) unless the Kansas Act
requires otherwise.
(8) At K.A.R. 47-4-14(c)(7) by replacing the word ''shall'' with the
word ''may'' in the phrase ''shall petition for leave to intervene in a
proceeding'' and by making changes necessary so that the standards for
intervention are no more strict than those required by the Federal
regulations at 43 CFR 4.1110.
(9) At K.A.R. 47-4-14a(c)(8) by replacing the word ''shall'' with the
word ''may'' in the phrases ''shall withdraw it by moving to dismiss''
and ''shall grant such a motion''.
(10) At K.A.R. 47-4-14a(c)(11) by replacing the word ''shall'' with
the word ''may'' in the phrases ''shall waive such a right'' and ''shall
be deemed to have waived his right'' and by requiring that a hearing
will be held unless all parties to a proceeding who are entitled to a
hearing waive their right to a hearing.
(11) At K.A.R. 47-4-14a(d) by removing the phrase ''except as
otherwise provided by subsections (e), (f), and (g).''
(12) At K.A.R. 47-4-14a(d)(2) by replacing the word ''shall'' with
the word ''may'' in the sentence ''Any party shall petition for the
disqualification of a person promptly after receipt of notice * * * .''
and by providing the petitioning party the right to have an independent
review of the disqualification determination.
(13) At K.A.R. 47-4-14a(d)(3) by replacing the word ''shall'' with
the word ''may'' in the sentence ''The presiding officer designated to
conduct the hearing shall conduct a prehearing conference'' and by
correcting the citation at K.A.R. 47-4-14a(d)(3)(A).
(14) At K.A.R. 47-4-14a(d)(4) and (d)(5) by removing paragraph K.A.R.
47-4-a(d)(4)(G) and (d)(5)(B)(i) from its program.
(15) At K.A.R. 47-4-14a(d)(6)(A), (C)(iv), (C)(vii), and (E) by
correcting the typographical errors, and by specifying where subsections
(i) through (iv) come from.
(16) At K.A.R. 47-4-14a(d)(7) by providing a complete sentence at
K.A.R. 47-4-14a(d)(7)(C).
(17) At K.A.R. 47-4-14a(d)(10)(D) and (E) by removing the provision
for the holding of hearings by telephone conference and by replacing the
word ''shall'' with ''may'' in the phrase ''shall cause a person other
than the state agency to prepare a transcript * * *.'' Kansas is further
required to amend its program at K.A.R. 47-4-14a(d)(5)(B)(vii) by
removing the phrase ''and the extent to which telephone or other
electronic means will be used as a substitute for proceedings in
person(.)''
(18) At K.A.R. 47-4-14a(d)(14)(I) by including the term ''thereto''
in the sentence ''(t)he agency head shall cause copies of the final
order * * * to be served on each party in the manner prescribed by
subsection (18) and amendments thereto.''
(19) At K.A.R. 47-4-14a(d)(15) by replacing the word ''shall'' with
the word ''may'' in the sentence ''A party shall submit to the presiding
officer or agency head a petition for stay of effectiveness * * *.''
(20) At K.A.R. 47-4-14a(d)(16)(A) by replacing the word ''shall''
with the word ''may'' in the phrase ''shall file a petition for
reconsideration with the agency head.''
(21) At K.A.R. 47-4-14a(d)(17) by removing K.A.R.
47-4-14a(d)(17)(C).
(22) At K.A.R. 47-4-14a by removing the proposed rules at K.A.R.
47-4-14a(e), (f), and (g).
(23) At K.A.R. 47-4-15(a), (c), (1)(7), and (m)(3)(C) by not
requiring that all requests for discovery be made in writing to the
presiding officer, and to correct typographical errors.
(24) At K.A.R. 47-5-5a(a) and (b) by correcting editorial errors and
replacing the noted Federal terms and citations with the appropriate
State terms and citations.
(25) At K.A.R. 47-5-5a(c) by changing the word ''procedure'' to
''procedures'' and the Kansas citation ''K.A.R. 47-4-14'' to ''K.A.R.
47-4-14a;'' at K.A.R. 47-5-5a(c)(2)(A)(ii) by completing the Kansas
citation and by correcting the reference to 30 CFR part 723 to K.A.R.
47-5-5a(b)(1) through (b)(9) (adopting by reference 30 CFR part 845);
at K.A.R. 47-5-5a(c)(4)(A) by changing the citation to ''subsection
(b)(6);'' and at K.A.R. 47-5-5a(c)(1)(C) and (c)(2)(C) by providing the
correct statutory citation.
(26) At K.A.R. 47-5-5a(c)(5) by requiring that the ultimate burden of
persuasion as to the fact of the violation be placed with the person who
petitioned for review.
(27) At K.A.R. 47-5-5a(c)(7)(D) by reducing the time period in which
any increase in penalty must be paid to 15 days.
(28) At K.A.R. 47-5-5a(c)(8) by correcting the citation from ''K.A.R.
47-4-14(d)(14) or (16)'' to ''K.A.R.'' 47-4-14a(14) or (16).''
(29) At K.A.R. 47-6-1 by allowing the regulatory authority to order
reasonable revisions or modifications of permits at any time.n
(30) At K.A.R. 47-6-7(e) and (h)(2) by providing the correct
cross-references to the procedures to be followed for proceedings to
suspend or revoke a permit.
(31) At K.A.R. 47-8-9(a) by removing from adoption by reference at 30
CFR 800.5, the definition for the term ''self-bond.''
(32) At K.A.R. 47-9-1(a) by deleting the adoption by reference of 30
CFR 810.2 and by replacing the Federal terms and citations with the
appropriate State terms and citations as described in finding no. 46.
(33) At K.A.R. 47-9-1(b), (c), (d), (e), (f), (g), and (h) by making
the editorial change necessary to clarify whether it intends to adopt
all of parts 815, 816, 817, 819, 823, 827, and 828 or only the sections
listed.
(34) At K.A.R. 47-9-1(a) and (d) by not replacing the term
''subchapter'' with (1) the phrase ''K.A.R. 47-9-1(a)'' at 30 CFR
816.61(c)(1) and (2) the phrase ''K.A.R. 47-9-1(d)'' at 30 CFR
817.61(c)(1).
(35) At K.A.R. 47-9-1(c)(35) by removing from the adoption by
reference of 30 CFR 816.102 the references to 30 CFR 785.14 and .16.
(36) At K.A.R. 47-9-1(c)(36) and (37) by providing objective formulae
for defining thin and thick overburden.
(37) At K.A.R. 47-9-1(c)(42) by removing the direction to delete
editorial note ''3'' and by indicating the practices to be approved by
the regulatory agency must also have been (or must be) approved in
advance by OSM in accordance with 30 CFR 732.17, and 816.116(c)(4).
(38) At K.A.R. 47-9-1(d)(47) through (50) by correcting the
typographical error at K.A.R. 47-9-1(d)(47)-(50) by changing the adopted
Federal regulation prefixes from 30 CFR 816 to 30 CFR 817.
(39) At K.A.R. 47-9-1(f)(2) by requiring that prime farmland occupied
by all coal preparation plants, support facilities and roads that are a
part of the surface mining activities must meet the applicable prime
farmland performance standards.
(40) At K.A.R. 47-12-4(a)(6) by either deleting subsection (b) from
adoption by reference or, if retained, by indicating that the term
''Secretary'' means Secretary of the Interior, not the secretary of the
Kansas Department of Health and Environment.
(41) At K.A.R. 47-13-4 by removing K.A.R. 47-13-4(b)(2) and (b)(3).
(42) At K.A.R. 47-15-1a(a)(6), (a)(12), and (b) by either adopting 30
CFR 842.12 or replacing it with an appropriate State counterpart, and by
adding three additional Federal terms, ''section 518(e), 518(f),
521(a)(4) or 521(c) of the Act'', ''Act'', and ''Director'' to the list
of terms that need to be replaced with appropriate State terms.
(53 FR 39470, Oct. 7, 1988, as amended at 56 FR 46548, Sept. 13,
1991)
30 CFR 916.20 Approval of Kansas Abandoned Mine Land Reclamation Plan.
The Kansas AMLR Plan, as submitted on October 1, 1981, and amended by
Kansas Statute 49-428, April 14, 1982, is hereby fully approved and all
conditions prohibiting the funding of State AML construction grants are
deleted.
(54 FR 818, Jan. 10, 1989)
30 CFR 916.25 Approval of abandoned mine land reclamation plan
amendments.
(a) The Kansas AMLR plan amendment allowing the State to assume
responsiblity for administering an emergency reclamation program was
approved effective January 10, 1989.
(b) The Kansas AMLR Plan amendment submitted on June 29, 1989, and
July 26, 1989, and modified on September 11, 1989, is approved effective
November 30, 1989.
(c) The Kansas AMLR Plan amendment submitted on October 25, 1991, is
approved effective April 13, 1992.
(54 FR 49281, Nov. 30, 1989, as amended at 57 FR 12718, Apr. 13,
1992)
30 CFR 916.25 PART 917 -- KENTUCKY
Sec.
917.1 Scope.
917.10 State regulatory program approval.
917.11 Conditions of State regulatory program approval.
917.13 State statutory and regulatory provisions set aside.
917.15 Approval of regulatory program amendments.
917.16 Required program amendments.
917.17 State program provisions disapproved.
917.20 Approval of the Kentucky abandoned mine reclamation plan.
917.21 Amendments to approved Kentucky abandoned mine land
reclamation program.
Authority: 30 U.S.C. 1201 et seq.
30 CFR 917.1 Scope.
This part contains all rules applicable only within Kentucky that
have been adopted under the Surface Mining Control and Reclamation Act
of 1977.
(47 FR 21434, May 18, 1982)
30 CFR 917.10 State regulatory program approval.
The Kentucky State program as resubmitted on December 30, 1981, and
amended and clarified on February 22, 1982, was conditionally approved,
effective May 18, 1982. Beginning on that date, the Kentucky Department
for Natural Resources and Environmental Protection was deemed the
regulatory authority in Kentucky for surface coal mining and reclamation
operations and for coal exploration operations on non-Federal and
non-Indian lands. Copies of the approved program are available for
review at:
(a) Kentucky Field Office, Office of Surface Mining, 340 Legion
Drive, Suite 28, Lexington, Kentucky 40504.
(b) Office of Surface Mining, Administrative Record Room, 1100 L
Street, N.W., Washington, D.C. 20240.
(c) Department for Surface Mining, Reclamation and Enforcement,
Commonwealth of Kentucky, 3rd Floor, Capitol Plaza Tower, Frankfort,
Kentucky 40504.
(48 FR 251, Jan. 4, 1983)
30 CFR 917.11 Conditions of State regulatory program approval.
The approval of the Kentucky State program is subject to the state
revising its program to correct the deficiencies listed in this section.
The program revisions may be made, as appropriate, to the statute, to
the regulations, to the program narrative, or by means of a legal
opinion. This section indicates, for the general guidance of the State,
the component of the program to which the Secretary recommends the
change be made.
(a) -- (p) (Reserved)
(47 FR 21434, May 18, 1982, as amended at 49 FR 33247, Aug. 22, 1984;
49 FR 37587, Sept. 25, 1984; 50 FR 8610, Mar. 4 1985; 50 FR 23003,
May 30, 1985)
30 CFR 917.13 State statutory and regulatory provisions set aside.
(a) The following provision of Kentucky Revised Statute at KRS
350.060(22) is inconsistent with section 701(28) of the Surface Mining
Control and Reclamation Act of 1977 and is hereby set aside effective
December 1, 1985:
''(22) All operations involving the crushing, screening, or loading
of coal which do not separate the coal from its impurities, and which
are not located at or near the mine site, shall be exempt from the
requirements of this chapter.''
(b) (Reserved)
(50 FR 47728, Nov. 20, 1985)
30 CFR 917.15 Approval of regulatory program amendments.
(a) The following amendments are approved effective on January 4,
1983. Revisions submitted on May 28, 1982, to the following Kentucky
regulations: 405 KAR 7:020 section 1(11), 7:020 section 1(70), 7:020
section 1(117), 7:030 section 1, 7:040 section 5(1), 7:040 section
10(2), 7:040 section 10(7), 7:090 section 4(1), 7:090 section 4(6),
7:090 section 6, 7:095, 8:010 section 6(1), 8:010 section 6(2), 8:010
section 13(1), 8:010 section 20(5), 8:010 section 21(2)(a)(4), 8:010
section 21(2)(b)(1), 8:010 section 22(1), 8:010 section 22(2)(a), 8:010
section 22(a)(2), 8:010 section 22(2)(c)(1), 8:010 section 22(4), 8:010
section 22(5), 8:010 section 22(6), 8:020 section 2(2)(h), 8:030 section
23(4), 12:010 section 3(5) (a) and (b), 16:140 section 2(1)(d), 18:140
section 2(1)(d), 24:020 section 3(7), 24:020 section 4(6), 24:020
section 3(5), 24:030 section 4(4), 24:030 section 8(7), 24:030 section
9, 1:005 section 6, and 3:005 section 6.
(b) Revisions submitted on May 28, 1982, to the following Kentucky
statutory provisions: KRS Chapter 350, as contained in House Bill No.
19; KRS 350.010, as contained in Senate Bill No. 267; KRS 350.425 and
151.250(3), as contained in Senate Bill No. 380; KRS 350.035, 350.990
(2) and (5), and KRS Chapter 350, as contained in Senate Bill No. 165;
KRS 350.010 section 1 (1), (2), (4), (7), (8) and (17), KRS 350.028
section 3 (3), (4) and (5), KRS 350.060 section 5 (3), (5)(g), (8)(a),
(8)(d)-(i), (10), (14), (15), and (16), KRS 350.450 section 33(4), KRS
350.130 section 14, KRS 350.610(6), and KRS 350.990 section 35(1),
contained in Senate Bill No. 218; KRS 350.060(9), KRS 350.060 section
5(14) and KRS Chapter 377 section 1(14), contained in House Bill No.
813; KRS 350.139 and KRS Chapter 377 section 4(2), contained in Senate
Bill No. 316.
(c) The following amendments are approved effective on May 13, 1983.
Revisions submitted on May 28, 1982, to KRS 350.062(9) and KRS 350.093
Section 2, contained in Senate Bill No. 218; Revisions submitted on
May 28, 1982, to 405 KAR 16:020 Section 4.
(d) The following amendments are approved effective on May 20, 1983:
Revisions submitted on January 11, 1983, to 405 KAR 7:020 Section 1
(13), (27), (34), and (57), 12:010 Section 6, 16:060 Section 9(2),
18:060 Section 7(3), 16:060 Section 11(1), 18:060 Section 9(1), 16:060
Section 1(3), 18:060 Section 9(3), Section 16:090 Section 2, 18:090
Section 2, 16:090 Section 5(5), 18:090 Section 5(5), 16:110 Section
2(2), 18:110 2(2), 16:130 Section 2(2), 18:130 Section 2(2), 16:220
Section 4, 18:230 Section 4, and 24:030 Section 3.
(e) The following amendment is approved effective on October 12,
1983: Technical Reclamation Memorandum 9, dated February 1, 1983.
(f) The following amendment is approved effective on November 25,
1983: Revisions submitted on October 31, 1983, to 405 KAR 7:020E and
7:030E.
(g) The following amendments are approved effective on April 13,
1984: Revisions submitted on January 10, 1984, to ''Kentucky's Plan for
Transition to Primacy'' as modified and clarified by Meeting Minutes of
January 9, 1984, signed by the Secretary of the Kentucky Natural
Resources and Environmental Cabinet and OSM Lexington Field Office
Director on January 13, 1984.
(h) The following amendments are approved effective on August 22,
1984: Revisions to the Kentucky Revised Statutes (KRS) Chapter 350 as
specified in Kentucky House Bill number 514 as follows: KRS 350.010;
KRS 350.250 (1), (3), (4); KRS 350.032; KRS 350.093 (2); KRS
355.060(5)(g).
(i) The following amendments are approved effective on September 25,
1984: Revisions submitted on October 31, 1983, to 405 KAR 7:020 and
7:030; 1:030, 1:040 and 1:050; 16:090 and 18:090; 8:030 and 8:040;
7:090; 16:060; and 16:140 and 18:140 accompanied by material submitted
by Kentucky on May 14, 1984, pertaining to 405 KAR 1:030, 1:040, 1:050,
and 7:090.
(j) The following amendments are approved effective October 3, 1984:
405 KAR 8:050 Section 2 and the legal opinion dated October 26, 1983,
received by OSM on October 31, 1983; 405 KAR 16:190; 18:190, as
submitted by Kentucky on October 31, 1983.
(k) The following amendment submitted to OSM on October 12 1984, is
approved effective March 4, 1985 revisions to the Kentucky
Administration Regulations (KAR) altering the definition of ''principal
shareholder'' at 405 KAR 7:020 section 1(87); adding language to the
definition of ''surface coal mining operations'' at 405 KAR 7:020
section 1(118) to provide that these activities shall not include coal
exploration and incidental extraction operations; and adding the
exemption for incidental extraction operations at 405 KAR 7:030 section
3(1)(e).
(l) The following amendments submitted to OSM on August 3, 1984, are
approved effective May 30, 1985: revisions to the Kentucky Revised
Statute (KRS) adding a new section of KRS Chapter 350 and amending KRS
350.990 as specified in Senate Bill 298; revisions to KRS 350.060 as
specified in State Bill 300; revisions to the Kentucky Administrative
Regulations (KAR) at 405 16:020 intended to implement House Bill 514, as
modified on October 12, 1984; revisions to KRS 350.032 and 350.990 as
specified in House Bill 868; and, revisions to KRS 350.135 as specified
in House bill 888.
(m) The following amendments submitted to OSM on August 29, 1985, are
approved effective November 20, 1985 provided that they are adopted in
the form submitted to OSM: revisions to paragraph D of ''Field
Enforcement Procedures'' in section II of the State program plan;
revisions to the Kentucky Administrative Regulations in 405 KAR 7:090
section 11(2)(a) and 405 KAR 7:090 section 12(3); editorial revisions
in 405 KAR 7:090; and revisions to 405 KAR 24:030 to amend the
definition of ''substantial legal and financial commitments.''
(n) The following amendments submitted to OSM on December 4, 1984,
and modified on May 22, 1985 are approved effective December 10, 1985:
Kentucky's blaster certification program, as contained in the Kentucky
regulations at 405 KAR 7:070 and in the Kentucky blaster training
program and examination; and revisions to the Kentucky regulations
governing use of explosives at 405 KAR 16:120 and 18:120.
(o) The following amendments submitted to OSMRE on June 6, 1984 and
December 17, 1985, are approved effective January 24, 1986: Revisions
to the Kentucky Administrative Regulations adding 405 KAR 1:015, 405 KAR
3:015 and 405 KAR 7:015 except the incorporation by reference of RAM 33
''Coal Processing Operations and Crushing and Loading Facilities,''
dated April 27, 1982 in 405 KAR 7:015.
(p) The following amendments submitted to OSMRE on August 13, 1985,
are approved effective March 3, 1986: Revisions to the Kentucky
Administrative Regulations in 405 KAR 7:020, 405 KAR 7:080, 405 KAR
8:030, 405 KAR 8:040, 405 KAR 12:010, 405 KAR 12:020, 405 KAR 16:050,
405 KAR 16:110, 405 KAR 16:130, 405 KAR 16:170, 405 KAR 18:050, 405 KAR
18:110, 405 KAR 18:130, 405 KAR 18:170 and 405 KAR 20:030.
(q) The following amendments submitted to OSMRE on September 16,
1985, including modifications submitted December 10, 1985, are approved
effective March 17, 1986: revisions to the Kentucky Administrative
Regulations in 405 KAR 7:015 and 405 KAR 10:030.
(r) The following amendment submitted to OSMRE on December 10, 1985,
is approved effective April 4, 1986: revisions to the Kentucky
Administrative Regulations in 405 KAR 7:090, section 11(2)(a).
(s) The following amendments submitted to OSMRE on December 3, 1985,
as emergency regulations are approved effective April 9, 1986;
revisions to the Kentucky Administrative Regulations in 405 KAR 7:020E,
405 KAR 8:050E, and 405 KAR 20:070E.
(t) The following amendments concerning surety bond cancellation on
permits in noncompliance with contemporaneous reclamation requirements,
as submitted on August 3, 1984 and revised on October 12, 1984, are
approved, effective May 27, 1986. Revisions to the Kentucky Revised
Statutes at 350.066 through 350.070 as contained in Senate Bill 285, and
the addition of a new subchapter to the Kentucky Administrative
Regulations at 405 KAR 10:035.
(u) The following amendments to the Kentucky Revised Statute (KRS)
submitted to OSMRE on April 29, 1986, are approved effective July 15,
1986: amendments to KRS Chapter 350 as contained in Senate Bill 130;
amendments to KRS Chapter 350 as contained in Senate Bill 374;
amendments to create a new section of KRS 350.470 to 350.550 contained
in House Bill 285; amendments to KRS 350.060(22) contained in House
Bill 757; and amendments to KRS 350.990 contained in House Bill 839.
The Director is requiring at 30 CFR 917.16(c) that implementing
regulations must be submitted to the Director and approved by the
Director before the statutory amendments contained in Senate Bill 130
(pertaining to a bond pool), Senate Bill 374 (pertaining to remining of
previously affected areas), and House Bill 839 (pertaining to in-kind
reclamation in lieu of penalty payment) may be implemented.
(v) The following amendments submitted to OSMRE on February 7, 1986,
and on August 30, 1985 and September 16, 1985, as modified on February
7, 1986, are approved effective August 27, 1986: Revisions to the
Kentucky Administrative Regulations (KAR) at 405 KAR 7:020, 405 KAR
7:060, 405 KAR 8:030, 405 KAR 8:040, 405 KAR 8:050, 405 KAR 16:010, 405
KAR 16:060, 405 KAR 16:080, 405 KAR 16:190, 405 KAR 18:060, 405 KAR
18:080, 405 KAR 18:190, 405 KAR 20:040, 405 KAR 20:070; and the
following documents incorporated by reference: ''Soil Conservation
Service, Kentucky Standards and Specifications for Land Restoration,
Currently Mined Prime Farmland;'' ''Kentucky Prime Farmland Revegetation
and Crop Production After Mining;'' ''Estimated Crop Yields on Prime
Farmland Soils in Western Kentucky Coalfields;'' and ''Estimated Crop
Yields on Prime Farmland Soils in Eastern Kentucky Coalfields.''
(w) The following amendments to the Kentucky Administrative
Regulations (KAR) submitted to OSMRE on September 5, 1986, as modified
on December 4, 1986, are approved effective March 9, 1987: amendments
to the Kentucky Administrative Regulations to add 405 KAR 10:200,
concerning the Kentucky bond pool.
(x) The following amendments to the Kentucky Administrative
Regulations (KAR) submitted to OSMRE on February 27, 1987, as modified
on July 10, 1987, are approved effective December 31, 1987: amendments
to 405 KAR 16:060 section 11, 405 KAR 18:060 Section 11 and 405 KAR
18:190 section 2.
(y) The following amendment to the Kentucky Administrative
Regulations (KAR) as submitted to OSMRE on June 17, 1987, and modified
on September 11, 1987, is approved effective March 10, 1988: Revisions
to 405 KAR 7:070 concerning blaster certification requirements and
procedures.
(z) The following amendment to the Kentucky Revised Statutes (KRS),
as resubmitted to OSMRE on May 28, 1987, is approved effective October
7, 1988: Revisions to KRS 350.032 as contained in House Bill 869 to
provide that final orders of the Secretary of the Natural Resources and
Environmental Protection Cabinet are appealable to the circuit court of
the county where the violation occurred rather than to the Circuit Court
of Franklin County. This approval will expire on December 31, 1990.
(aa) The following amendment submitted to OSMRE on April 29, 1988, is
approved in the form submitted on that date effective October 6, 1988:
Revisions to the hearing procedures and requirements of the Kentucky
Administrative Regulations at 405 KAR 7:090, except that portion of
section 3(4)(a) disapproved in paragraph (d) of 917.17 of this chapter.
(bb) The following amendment to the Kentucky Administrative
Regulations (KAR) and the Memorandum of Agreement between the Natural
Resources and Environmental Protection Cabinet -- Department for Surface
Mining Reclamation and Enforcement and the State Historic Preservation
Officer as submitted to OSM on July 5, 1989, are approved effective
December 15, 1989: Revisions to 405 KAR 8:010, 405 KAR 8:020, 405 KAR
8:030, 405 KAR 8:040, and KAR 24:040 concerning protection of cultural
and historic resources.
(cc) The following amendment to the Kentucky Revised Statutes (KRS)
as approved on a trial basis by OSM on October 7, 1988, and further
supported by additional information submitted on October 24, 1989, is
approved effective April 9, 1990: Revisions to KRS 350.032 providing
that final orders of the Secretary of the Natural Resources and
Environmental Cabinet are appealable to the circuit court of the county
where the violation occurred rather than to the Circuit Court of
Franklin County.
(dd) The following amendments to the Kentucky permanent regulatory
program submitted to OSM on April 21, 1988, and clarified on February
23, 1989 are approved effective August 10, 1990. Revisions to the
Kentucky Surface Mining Act in; KRS 350.020, KRS 350.060, KRS 350.064,
KRS 350.093, KRS 350.130, KRS 350.131, KRS 350.151.
(ee) The following amendments pertaining to ''minor field revisions''
submitted to OSM on August 15, 1989, and revised on November 30, 1989,
are approved effective November 1, 1990. Revisions to Kentucky
Administrative Regulations at 405 KAR 8:010 section 20(3) and 405 KAR
8:010 section 20(5) are approved except the proposed provision at 405
KAR 8:010 section 20(3)(d)(23) pertaining to cutting of berms.
(ff) The following amendments submitted to OSM on July 15, 1988, and
resubmitted on January 18, 1989, and on January 30, 1989, are approved
effective December 31, 1990, with the exceptions identified below.
Revisions to the Kentucky Administrative Regulations in 405 KAR 7:015,
405 KAR 7:020, 405 KAR 7:030, 405 KAR 7:090 except for section 3(4)(a),
405 KAR 8:010 except for that part of section 14(8) to the extent that
it provides for approval of a permit application based on a payment
schedule for reclamation fees approved by OSM, 405 KAR 8:020, 405 KAR
8:050, 405 KAR 10:010, 405 KAR 10:020 except for section 3(4), 405 KAR
10:030, 405 KAR 10:040, 405 KAR 10:050, 405 KAR 16:010, 405 KAR 16:070
except for section 11(g) which is being deferred until concurrence is
obtained from the EPA, 405 KAR 16:080, 405 KAR 16:100 except for section
1(3)(a), 405 KAR 16:110, 405 KAR 16:120, 405 KAR 16:150, 405 KAR 16:190
except for section 7(1)(c), 405 KAR 18:010, 405 KAR 18:070 except for
section 11(g) which is being deferred until concurrence is obtained from
the EPA, 405 KAR 18:080, 405 KAR 18:100 except for section 1(3)(a), 405
KAR 18:110, 405 KAR 18:120, 405 KAR 18:150, 405 KAR 18:190 except for
section 5(2)(c), 405 KAR 20:010, 405 KAR 20:060 except for section
3(3)(b), 405 KAR 24:020, 405 KAR 24:030, 405 KAR 24:040.
(gg) The following amendments to the Kentucky Revised Statutes (KRS)
submitted to OSM on May 8, 1990, are approved effective February 6,
1991: Amendments to KRS chapter 350 as contained in Senate Bill 255;
amendments to KRS chapter 350 sections 350.010, 350.053, 350.057 as
contained in Senate Bill 149; amendments to KRS chapter 350 sections
350.053, 350.054, 350.057, 350.060 as contained in Senate Bill 205;
amendments to KRS chapter 350 sections 350.060, 350.070, 350.085,
350.093, 350.113, 350.130, 350.139, 350.151, 350.990 as contained in
Senate Bill 202; amendments to KRS chapter 350 section 350.070 as
contained in Senate Bill 256; amendments to KRS chapter 350 section
350.090 as contained in Senate Bill 154; amendments to KRS chapter 350
section 350.990 as contained in Senate Bill 141 and Senate Bill 205 with
the exception of the word ''knowingly'' found at 350.990 1(8) and 5(8);
amendments to KRS chapter 350 section 224.083 as contained in Senate
Bill 249; and amendments to KRS chapter 350 section 350.070 as
contained in House Bill 519. The repeal of KRS 350.110, 350.113, and
350.990(10) by Senate Bill 202. Action is being deferred on the
proposed provisions at KRS 350.710, 350.720, 350.725, 350.735, 350.740,
and 350.750 pending the outcome of OSM's review of the Kentucky bond
pool.
(hh) The following amendment to the Kentucky Administrative
Regulations (KAR) as submitted to OSM on January 9, 1991, is approved
effective April 16, 1991. Revision to 405 KAR 10:040 section 2(4)(b)1
concerning reclamation phase II performance bond release requirements.
(ii) The following amendments to the Kentucky Administrative
Regulations (KAR) as submitted to OSM on January 24, 1991, and revised
on June 3, 1991, are approved, with the exceptions noted, effective
September 23, 1991. The approved amendments consist of modifications to
the following Kentucky regulations (405 KAR):
(jj) The amendement to the Kentucky Administrative Regulations (KAR)
at 405 KAR 7:080, relating to the State's Small Operator Assistance
Program, as submitted to OSM on June 28, 1991, and revised on December
5, 1991, is approved effective April 15, 1992, except for the revisions
to 405 KAR 7:080 section 6 and section 8(2)(a) and (b), action on which
is being deferred.
(48 FR 252, Jan. 4, 1983)
Editorial Note: For Federal Register citations affecting 917.15,
see the List of CFR Sections Affected in the Finding Aids section of
this volume.
30 CFR 917.16 Required program amendments.
(a) (Reserved)
(b) Pursuant to 30 CFR 732.17, Kentucky is required to accomplish the
following actions or termination of the program approval found in
917.10 will be initiated on August 31, 1985.
(1) Action to recruit personnel to meet the approved program staffing
levels of 408 must begin upon publication of this notice. No later than
May 1, 1985, notices concerning vacant positions must be advertised.
(2) Kentucky must have employed sufficient personnel to reach the
approved permanent program level (408) no later than August 31, 1985.
Of the approved permanent program level of 408, a minimum of 156 must be
inspection and enforcement personnel.
(3) By the fifth of each month, beginning on February 5, 1985,
Kentucky will provide a report to OSM describing the actions taken to
acohieve the approved program staffing levels by August 31, 1985, and of
any additional vacancies which may have occurred during the previous
month.
(c) Pursuant to 30 CFR 732.17, Kentucky is required, prior to
implementation of the following statutory amendments, to submit to the
Director proposed regulations to implement the amendments, and to
receive the Director's approval of the regulations:
(1) (Reserved)
(2) Statutory amendments contained in Senate Bill 374, submitted to
OSMRE on April 29, 1986.
(3) Statutory amendments contained in House Bill 839, submitted to
OSMRE on April 29, 1986.
(d) Pursuant to 30 CFR 732.17, Kentucky is required to submit for
OSM's approval the following proposed amendments by the dates specified:
(1) By January 30, 1991, Kentucky shall submit a proposed amendment
to 405 KAR 7:090 section 3(4)(a) to remove the word ''abated'' or
otherwise propose to amend its program to clarify that the rule applies
to abated and unabated violations.
(2) By January 30, 1991, Kentucky shall submit a proposed amendment
to 405 KAR 8:010 section 8(2) or otherwise propose to amend its program
to require that public notice shall not be initiated until the cabinet
has determined that an application is administratively complete.
(3) By January 30, 1991, Kentucky shall submit a proposed amendment
to 405 KAR 8:010 section 12(1)(a) or otherwise propose to amend its
program to require that all applications for permits; revisions;
renewals; and transfers, assignments or sales permit rights on file
with the regulatory authority shall be available, at reasonable times,
for public inspection and copying.
(4) By January 30, 1991, Kentucky shall submit a proposed amendment
to 405 KAR 16:100 section 1(3)(a) and 405 KAR 18:100 section 1(3)(a) or
otherwise propose to amend its program to require that all C class
impoundments shall have a minimum static safety factor of 1.5 since, as
defined at 405 KAR 7:040 section 5(2)(c), such impoundments could cause
loss of life or serious property damage and to require that all other
impoundments have a minimum static safety factor of 1.3 or meet specific
design criteria no less effective than that standard.
(5) By January 30, 1991, Kentucky shall submit a proposed amendment
to 405 KAR 20.060 section 3(3)(b) or otherwise propose to amend its
program to clarify that the total volume of flow from the proposed
permit area, during every season of the year, will not vary in a way
that adversely affects the ecology of any surface water or any existing
or planned use of surface or ground water; and to require the
appropriate state environmental agency to approve the plan.
(e) By March 23, 1992, Kentucky shall amend its rules at 405 KAR
8:010 section 13(4)(c) to include violations of Federal regulatory
programs and other State regulatory programs, not just violations of KRS
chapter 350 and regulations adopted pursuant thereto.
(f) By March 23, 1992, Kentucky shall amend its rules at 405 KAR
8:030 section 2(12) and 405 KAR 8:040 section 2(12) to require that
information required by sections 2 and 3 of 405 KAR 8:030 and 8:040
shall be submitted on any format prescribed by OSM as well as any format
prescribed by the Cabinet.
(49 FR 50721, Dec. 31, 1984 and 50 FR 23687, June 5, 1985, as amended
at 50 FR 50296, Dec. 10, 1985; 51 FR 26008, July 18, 1986; 52 FR 7136,
Mar. 9, 1987; 52 FR 49401, Dec. 31, 1987; 53 FR 39472, Oct. 7, 1988;
55 FR 13133, Apr. 9, 1990; 55 FR 53510, Dec. 31, 1990; 56 FR 47911,
Sept. 23, 1991)
30 CFR 917.17 State regulatory program amendments disapproved.
(a) The amendment to revise approved staffing and budget levels under
the Kentucky permanent regulatory program which was submitted by
Kentucky on June 29, 1984 is hereby disapproved effective December 31,
1984.
(b) The amendment at Kentucky Revised Statute 350.060(22) submitted
by Kentucky on May 26, 1982, and the legal opinion (insofar as it
relates to this amendment) and Reclamation Advisory Memorandum No. 33
submitted by Kentucky on October 28, 1983, are hereby disapproved
effective September 17, 1985.
(c) (Reserved)
(d) The addition of the word ''abated'' to modify the term
''violation'' in paragraph (4)(a) of section 3 of Chapter 7:090 of Title
405 of the Kentucky Administrative Regulations, as submitted to OSMRE by
letter dated April 27, 1988, is hereby disapproved. The effect of the
disapproval is to continue the requirement that any person who chooses
not to contest the fact of violation (whether abated or not) or the
assessment shall pay the assessment in full within 30 days of the date
the final assessment order was mailed.
(49 FR 50720, Dec. 31, 1984, as amended at 50 FR 37659, Sept. 17,
1985; 51 FR 29919, Aug. 21, 1986; 53 FR 39261, Oct. 6, 1988; 53 FR
39473, Oct. 7, 1988)
30 CFR 917.20 Approval of the Kentucky abandoned mine reclamation plan.
The Kentucky Abandoned Mine Reclamation Plan as submitted on June 4,
1981, is approved. Copies of the approved program are available at the
following locations:
Office of Surface Mining Reclamation and Enforcement, Region II, 503
Gay Street, Suite 500, Knoxville, Tennessee 37902
Kentucky Department of Natural Resources and Environmental
Protection, Frankfort, Kentucky 40601
Administrative Record, Office of Surface Mining Reclamation and
Enforcement, Room 5315, 1100 ''L'' Street NW., Washington, DC 20240
(47 FR 21439, May 18, 1982)
30 CFR 917.21 Amendment to approved Kentucky abandoned mine land
reclamation plan.
(a) The Kentucky Amendment, as submitted on December 8, 1982, is
approved. Copies of the approved amendment are available at:
Kentucky Department of Natural Resources and Environmental
Protection, Frankfort, Ky. 40601
Office of Surface Mining, Lexington Field Office, 340 Legion Drive,
Suite 28, Lexington, Ky. 40504
Office of Surface Mining Reclamation and Enforcement, Administrative
Record, Rm. 5315, 1100 L Street NW., Washington, DC 20240.
(b) The Kentucky Abandoned Mine Reclamation Amendment, as submitted
on March 25, 1985, is approved. Copies of the approved plan are
available at the following locations:
Kentucky Department of Natural Resources and Environmental
Protection, Frankfort, Kentucky 40601
Office of Surface Mining Reclamation and Enforcement, Lexington Field
Office, 340 Legion Drive, Suite 28, Lexington, Kentucky 40504
Office of Surface Mining Reclamation and Enforcement, Administrative
Records Office, 1100 L St. NW., Room 5205, Washington, DC 20240.
(48 FR 38464, Aug. 24, 1983, as amended at 52 FR 26300, July 14,
1987)
30 CFR 917.21 PART 918 -- LOUISIANA
Sec.
918.1 Scope
918.10 State regulatory program approval.
918.15 Approval of amendments to State regulatory program.
918.16 Required program amendments.
918.20 Approval of Louisiana Abandoned Mine Land Reclamation Plan.
Authority: 30 U.S.C. 1201 et seq.
30 CFR 918.1 Scope.
This part contains all rules applicable only within Louisiana which
have been adopted under the Surface Mining Control and Reclamation Act
of 1977.
(45 FR 67343, Oct. 10, 1980)
30 CFR 918.10 State regulatory program approval.
The Louisiana permanent regulatory program, as submitted on January
3, 1980, and resubmitted on September 4, 1980, is approved effective
October 10, 1980. Copies of the approved program are available at:
(a) Department of Natural Resources, Office of Conservation, 625 N.
4th Street, Baton Rouge, Louisiana 70804, Telephone: (504) 342-5515.
(b) Tulsa Field Office, Office of Surface Mining Reclamation and
Enforcement, 500 E. Skelly Drive, Suite 550, Tulsa, Oklahoma 74135,
Telephone: (918) 581-6430.
(56 FR 21280, May 8, 1991)
30 CFR 918.15 Approval of amendments to State regulatory program.
(a) With the exceptions of Louisiana Surface Mining Regulations
(LSMR) 107.G, termination of jurisdiction; 53123.A.4, sample adequacy
for cover, production, and/or woody plant densities; 53123.B.9, ground
cover for undeveloped land; 53125.C, success standards on mined lands
reclaimed for wildlife management, recreation, and shelterbelts;
53125.C.3.b, evaluation of diversity, seasonality, and regenerative
capacity on reclaimed areas of mined lands where woody plants are used
for wildlife management, recreation, shelterbelts, or forest uses other
than commercial forest land; and 6301.E, abandoned sites; revisions to
the following chapters of LSMR submitted to OSM on January 19, 1990, as
revised by Louisiana on August 14 and September 7, 1990, are approved
May 8, 1991:
(1) Chapter 1, general -- definitions; chapter 11, areas where
mining is prohibited or limited; chapters 13 and 15, areas designated
unsuitable for surface coal mining; chapters 17 and 19, requirements
for permit applications; chapter 2l, requirements for coal exploration;
chapter 23, requirements for legal, financial, and compliance
information; chapter 25, requirements for information on environmental
resources; chapter 27, requirements for reclamation and operations
plans; chapter 29, requirements for permits for special categories of
mining; chapter 31, public participation, approval of applications, and
permit terms and conditions; chapter 35, permit revisions, renewals,
and transfer, sale, and assignment of permit rights; chapter 37, small
operator assistance; chapters 39, 41, 43, 45, and 47, bonding and
insurance requirements; chapters 51, 53, 55, and 59, permanent program
performance standards; chapter 63, inspections; chapter 65,
enforcement; and chapter 69, civil penalties.
(2) In addition the policy statements, PS-1, PS-2, and PS-3,
submitted by Louisiana on August 14, 1990, as part of its January 19,
1990, amendment regarding, respectively, blasters certification
requirements at LSMR 5353.C, violations review criteria for
improvidently issued permits at LSMR 3127, and enforcement of water
quality standards at LSMR 5321, are approved as part of the Louisiana
permanent program.
(b) The revisions to the following section and chapter of Louisiana
Surface Mining Regulations (LSMR) submitted to OSM on August 14, 1990,
and revised by Louisiana on November 29, 1990, are approved effective
May 21, 1991: LSMR 107.C and chapter 4, concerning operations
extracting coal incidental to the extraction of other minerals.
(56 FR 21280, May 8, 1991, as amended at 56 FR 23223, May 21, 1991)
30 CFR 918.16 Required program amendments.
Pursuant to 30 CFR 732.17, Louisiana is required to submit for OSM'S
approval the following proposed program amendments by the dates
specified.
(a) By September 5, 1991, Louisiana must submit as a program
amendment a policy statement interpreting LSMR 2523 regarding
''spatial'' or ''temporal'' determinations of probable hydrologic
consequences.
(b) By September 5, 1991, Louisiana must submit as a program
amendment detailed descriptions of the statistically valid sampling
techniques it proposes for estimating ground cover, productivity, and
live stems per acre at LSMR 53123.A. 1, 2, and 3.
(c) By September 5, 1991, Louisiana must submit as a program
amendment:
(1) Removal of the statement ''(m)aximum sample size shall be 30''
and
(2) Clarification that sample adequacy must be met for ground cover,
productivity, and/or woody plant densities at LSMR 53123.A.4.
(d) By September 5, 1991, Louisiana must submit as a program
amendment the technical documents and historical records it would allow
for determining the success of ground cover and productivity on mined
lands reclaimed for pasture land, grazing land, and cropland at LSMR
53123.B.1. b and c, 53123.B.2. b and c, and 53123.B.3. b and c.
(e) By September 5, 1991, Louisiana must submit as a program
amendment a detailed description of what is meant by ''weighted average
comparisons'' when using reference areas to determine the success of
revegetation on mined lands reclaimed for grazing land at LSMR
53123.B.2.a.
(f) By September 5, 1991, Louisiana must submit as a program
amendment a detailed description of the statistically valid sampling
techniques it would allow for the determination of the success of
stocking and ground cover on mined lands reclaimed for commercial forest
land at LSMR 53125.B.3.
(g) By September 5, 1991, Louisiana must submit as a program
amendment removal of the performance standard for vegetative ground
cover on undeveloped land at LSMR 53123.B.9.
(h) By September 5, 1991, Louisiana must submit as a program
amendment the requirement for permit-specific consultation with and
approval by the Louisiana Department of Wildlife and Fisheries prior to
use of the performance standards at LSMR 53125.C on mined lands
reclaimed for wildlife management, recreation, shelterbelts, and forest
uses other than commercial forest land.
(i) By September 5, 1991, Louisiana must submit as a program
amendment:
(1) Removal of the phrase ''on the basis of results which could
reasonably be expected'' and
(2) A description of the means by which it will evaluate diversity,
seasonality, and regenerative capacity on reclaimed areas of mined lands
where woody plants are used for wildlife management, recreation,
shelterbelts, or forest uses other than commercial forest land at LSMR
53125.C.3.b.
(50 FR 19931, May 13, 1985, as amended at 56 FR 21281, May 8, 1991)
30 CFR 918.20 Approval of Louisiana Abandoned Mine Land Reclamation
Plan.
The Louisiana plan, as submitted and revised, is approved. Copies of
the approved program are available at the following locations:
Office of Surface Mining Reclamation and Enforcement, Tulsa Field
Office, 333 W. Fourth Street, Room 3432, Tulsa, OK 74103
State of Louisiana, Department of Natural Resouces, Office of
Conservation, 625 North 4th Street, Baton Rouge, LA 70804.
(51 FR 40795, Nov. 10, 1986)
30 CFR 918.20 PART 920 -- MARYLAND
Sec.
920.1 Scope.
920.10 State program approval.
920.12 State program provisions disapproved.
920.15 Approval of amendments to State regulatory program.
920.16 Required program amendments.
920.20 Approval of Maryland abandoned mine plan.
Authority: Pub. L. 95-87, Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1201 et seq.).
30 CFR 920.1 Scope.
This part contains all rules applicable only within Maryland that
have been adopted under the Surface Mining Control and Reclamation Act
of 1977.
(45 FR 79449, Dec. 1, 1980)
30 CFR 920.10 State program approval.
The Maryland State program submitted on March 3, 1980, as amended and
clarified on June 16, 1980, and as further amended on April 9, 1980,
June 3, 1981, and October 23, 1981, is approved effective February 18,
1982. Copies of the approved program, as amended are available for
review at:
(a) Maryland Department of Natural Resources, Energy Administration,
Bureau of Mines, 69 Hill Street, Frostburg, Maryland 21532, Telephone:
(301) 689-4138.
(b) Office of Surface Mining, Charleston Field Office, 603 Morris
Street, Charleston, West Virginia 25301, Telephone: (304) 347-7158.
(c) Office of Surface Mining, Administrative Record, Room 5124, 1100
''L'' Street, NW., Washington, DC 20240, Telephone: (202) 343-4855.
(50 FR 47385, Nov. 18, 1985)
30 CFR 920.12 State program provisions disapproved.
The following provision of the Maryland permanent regulatory program
submission is hereby disapproved: COMAR 08.13.09.41D, which proposes
that in lieu of a civil penalty assessment, the regulatory authority may
order a suspension of strip mining operations for an appropriate period
of time such that the economic impact on the operator is equivalent to
the amount of the civil penalty which would have been assessed for the
violation.
(45 FR 79449, Dec. 1, 1980)
30 CFR 920.15 Approval of amendments to State regulatory program.
(a) (Reserved)
(b) The following amendment submitted to OSM on May 28, 1984, as
modified on October 5, 1984, is approved effective January 22, 1985.
Maryland's blaster certification program and revisions to the State
regulations governing the use of explosives, as contained in the
proposed Code of Maryland Administrative Regulations, Title 08.
Subtitle 13 Chapter 09 Sections 02 and 25 submitted to OSM on October 5,
1984, and all other items as submitted by Maryland on May 28, 1984, and
modified on October 5, 1984. This approval is contingent on
promulgation of the above referenced proposed regulations in the
identical form reviewed by OSM and the public.
(c) The following amendment submitted to OSM on January 30, 1985, as
revised July 10, 1985, is approved effective September 10, 1985.
Revisions to Maryland regulations governing the use of explosives, as
contained in the proposed Code of Maryland Administrative Regulations,
Title 08, Subtitle 13, Chapter 09 Sections 02 and 25 submitted to OSM on
January 30, 1985, and revised July 10, 1985. This approval is
contingent on promulgation of the above referenced proposed regulations
in a form identical to that submitted to the Director.
(d) The following statutory and regulatory amendments submitted to
OSMRE on January 13, 1984, June 8, 1984, August 7, 1984, October 1984,
and November 9, 1984, are approved effective November 18, 1985, subject
to the requirements set forth in 920.16: Maryland's permitting
requirements and performance standards for coal exploration activities
at COMAR 08.13.09.07 as submitted on January 13, 1984; statutory
revision to 7-506(h) and 7-514.6 of Title 7 of the Annotated Code of
Maryland regarding the advertisement of bond release and prospecting,
respectively, as submitted on January 13, 1984; Maryland's statutory
and regulatory revisions concerning the form, amount and release
procedures for performance bonds at proposed COMAR 08.13.09.15H(2),
proposed COMAR 08.13.09.15I(1) (b) and (c), proposed COMAR
08.13.09.15I(2)(a), proposed COMAR 08.13.09.15J (4), (5) and (6)(a),
7-511 (a) and (b) of the Annotated Code of Maryland, COMAR
08.13.09.15C(3), COMAR 08.13.09.15F(3), COMAR 0.8.1309.15H(5), COMAR
08.13.09.15B(2)(c), and 7-506(c)(3) of the Maryland Annotated Code as
submitted on June 8, 1984; regulatory revisions to COMAR 08.13.09. as
submitted on August 7, 1984, providing for the regulation of surface
coal mining and reclamation operations of State-owned land; statutory
revisions to 7-504 (a) and (c) and 7-505.1(e) of the Annotated Code of
Maryland concerning license suspension and protection of areas
designated for mining as submitted on October 10, 1984; statutory and
regulatory revision concerning the circumstances under which extensions
to the 90-day abatement period can be authorized at 7-507(c)(2) of the
Annotated Code of Maryland and COMAR 08.13.09.40F (4), (5), (6), and (7)
as submitted on January 13, 1984; and regulatory revisions at proposed
COMAR 08.13.09.40B as submitted on November 9, 1984, and clarified on
January 16, 1985, concerning the State's inspection frequency standards.
This approval is contingent upon the promulgation of the aforementioned
proposed regulations.
(e) The following statutory and regulatory amendments submitted to
OSMRE on January 14, 1986, and May 15, 1986, are approved effective
December 12, 1986: Maryland's proposed modifications at COMAR
08.13.09.07A, B and C as submitted on January 14, 1986, for approving
coal exploration activities on lands designated unsuitable for mining;
the proposed revision to COMAR 08.13.09.07G(5)(a) as submitted on
January 14, 1986, which prohibits the disturbance of fish and wildlife
habitats of unique or unusually high value and critical habitats of
threatened or endangered species during coal exploration activites; the
proposed revision to COMAR 08.13.09.07G(5)(k) as submitted on January
14, 1986, which requires the use of sediment control structures during
coal exploration activities; the proposed modification to COMAR
08.13.09.07G(2) as submitted on January 14, 1986, which limits the size
of each prospect opening to one acre, including topsoil and spoil
storage area; the statutory revisions to sections 7-505(g), 7-507(c)(1)
and 7-514(C) of Title 7 of the Annotated Code of Maryland as submitted
on May 15, 1986, providing for right of entry to, on or through open-pit
mining or prospecting operations; the revision to section 7-504(D) of
Title 7 of the Annotated Code of Maryland as submitted on May 15, 1986,
which requires a licensed coal operator to notify the State of a change
in officers, directors, principal owners or resident agents of the
operator; and the statutory revision to section 7-506(c) of Title 7 of
the Annotated Code of Maryland as submitted on May 15, 1986, which
authorizes any financial institution or Federal credit union in the
State to issue a certificate of deposit in lieu of a corporate surety as
security for a performance bond. This approval is contingent upon the
promulgation of the proposed regulations by the State in the identical
form submitted for the Director's review and approval.
(f) The following amendments submitted to OSMRE on March 18, 1986,
and April 23, 1986, are approved effective January 30, 1987: Maryland's
addition of the definition for ''coal preparation plant'' and the
deletion of the definition of ''coal processing plant'' at COMAR
08.13.09.01B(14); the deletion of the term ''support facilities'' and
the inclusion of the term ''associated facilities'' at COMAR 08.13.09.03
and .28; revisions to COMAR 08.13.09.03G setting forth the permit
application requirements for coal preparation plants and associated
facilities not located within the permit area of a mine; addition of
COMAR 08.13.09.03H which contains a schedule for submitting permit
applications for all previously unregulated coal preparation plants;
and revisions to COMAR 08.13.09.28E concerning special performance
standards for coal preparation plants and associated facilities not
located within the permit area of a mine. These amendments include both
Maryland's emergency regulations which appeared in the Maryland Register
on April 11, 1986, and became effective March 25, 1986, and the
permanent program regulations which were announced in the Maryland
Register on May 23, 1986, and took effect on July 28, 1986.
(g) The following amendments submitted to OSM on July 8, 1987, and
June 10, 1988, are approved effective June 5, 1990. The amendments
consist of the following modifications to the Maryland program:
(1) Revision of the following rules of the Maryland Annotated Code:
(2) Addition of the following rules to the Maryland Annotated Code:
7-505(d)(1) I, II, III Procedures for Permit Application Reviews;
Public Notices.
(3) Deletion of the following rule from the Maryland Annotated Code:
7-05-(d)(1) Public Notices.
(h) The following amendments submitted to OSM on March 30, 1989, are
approved effective January 11, 1991, with the exceptions identified
herein. Revisions of the following rules of Code of Maryland
Administrative Regulations:
08.13.09.01 General.
08.13.09.02 Permit Applications.
08.13.09.13 Surface Effects of Deep Mines.
08.13.09.17 Small Operator's Assistance Program.
08.13.09.28 Special Performance Standards.
08.13.09.31 Topsoil Handling.
08.13.09.32 Excess Spoil Disposal.
08.13.09.33 Waste Handling.
08.13.09.34 Back Filling.
08.13.09.42 Permit Suspensions, Revocation and Bond Forfeiture.
08.13.09.43 General Provisions on Adjudicatory Hearings.
(i) The following amendments submitted to OSM on June 15, 1989, are
approved effective March 21, 1991. The amendments consist of the
following modifications to the Maryland program:
(1) Revision of the following statutes of the Maryland Annotated
Code:
(2) Addition of the following statutes to the Maryland Annotated
Code:
(3) Deletion of the following statutes from the Maryland Annotated
Code:
(4) Action is being deferred on the following statutes of the
Maryland Annotated Code:
(j) The following amendments submitted to OSM on September 28, 1990
and November 21, 1990 are approved effective April 26, 1991. The
amendments consist of the following modifications to the Maryland
program:
(1) Revision of the following rules of Code of Maryland
Administrative Regulations:
08.13.09.06 Administrative and Judicial Review.
08.13.09.06B Administrative Appeal (deleted and replaced with
Judicial Review).
08.13.09.43K(7) General Provisions on Adjudicatory Hearings;
Procedure After Testimony is Concluded.
08.13.09.43N(7) General Provisions on Adjudicatory Hearings; Award
of Costs.
(k) The following amendments submitted to OSM on March 27, 1989, are
approved as set forth in paragraph (k)(1) of this section effective May
22, 1991, with the exceptions identified in paragraph (k)(2) of this
section.
(1) Revisions of the following rules of Code of Maryland
Administrative Regulations:
08.13.09.01 General.
08.13.09.02 Permit Applications.
08.13.09.04 Permit Applications: Review Procedures.
08.13.09.05 Permit Applications: Bureau Decision.
08.13.09.08 Permit Review and Transfer of Rights.
08.13.09.10 Areas Where Mining is Prohibited or Limited.
08.13.09.11 Designation of Areas as Unsuitable for Mining (with the
exception noted in paragraph (k)(2) of this section).
08.13.09.26 Fish and Wildlife Protection.
08.13.09.40 Inspection and Enforcement.
(2) The following rule of Code of Maryland Administrative Regulations
is not being approved:
08.13.09.11G(1) Areas Unsuitable for Mining -- to the extent that
Maryland allows 60 days from the receipt of a petition to notify the
petitioner of its completeness.
(l) The following amendments submitted to OSM on March 23, 1990 and
modified and resubmitted on March 26, 1991, are approved as set forth in
paragraph (l)(1) of this section effective June 21, 1991.
(1) Revisions of the following rules of Code of Maryland
Administrative Regulations:
08.13.09.02 Permit Applications: General Requirements.
08.13.09.05 Permit Applications: Bureau Decision.
08.13.09.10 Areas Where Mining is Prohibited or Limited.
08.13.09.11 Designation of Areas as Unsuitable for Mining.
(m) The following amendments submitted to OSM on October 31, 1989,
and modified and resubmitted on March 9, 1990, are approved with the
exceptions noted herein, effective August 9, 1991. The approved
amendments consist of the following modifications to the Maryland
regulations (COMAR):
08.13.09.01B Definitions.
08.13.09.02K Description Included in Permit Application.
08.13.09.02O Hydrologic Reclamation Plan.
08.13.09.23D Ground Water Monitoring.
08.13.09.23E Surface Water Monitoring.
-- Except for Subsection E(5) regarding prevention of material
damage to the hydrologic balance outside the permit area.
08.13.09.23I Transfer of Wells.
08.13.09.23J Discharge of Water into an Underground Mine.
08.13.09.24A General Requirements for Ponds and Sediment Control
Measures.
08.13.09.24C Diversions and Conveyance of Overland Flow and Shallow
Groundwater Flow, and Ephemeral Streams.
08.13.09.24D Stream Channel Diversions.
08.13.09.24F Siltation Structures.
08.13.09.24H Impoundments.
-- Except Subsection H(1)(j) regarding inspection of
impoundments.
-- Except Subsection H(2)(c) regarding impoundments deemed to
meet a minimum static safety factor of 1.3.
-- Except Subsection H(7) regarding submission of certified
reports.
08.13.09.24I Postmining Rehabilitation of Sedimentation Ponds,
Diversions, Impoundments and Treatment Facilities.
-- Except for failure to include removal of temporary structures.
08.13.09.35A General Requirements for Revegetation.
08.13.09.35C Plant Species Selection and Land Treatment.
08.13.09.35D Revegetation Plan.
08.13.09.35E Soil Stabilizing Practices.
08.13.09.35F Backfilling and Planting.
08.13.09.35G Standards for Success.
08.13.09.41 Civil Penalties: General.
08.13.09.41B Civil Penalties: Procedure.
08.13.09.41C Informal Review.
-- Except Subsection C(1) regarding time period within which to
request an assessment conference.
08.13.09.41D Formal Review.
08.13.09.41E Penalty Assessment Criteria.
08.13.09.41F Payment of Penalty Amount.
08.13.09.41G Individual Civil Penalties.
(n) With the exception of those provisions identified herein, the
amendments submitted to OSM on June 14, 1989, June 10, 1988 and June 15,
1989 are approved effective December 5, 1991.
(1) Revisions of the following regulations of the Code of Maryland
Administrative Regulations:
08.13.09.15A Performance Bonds (except to the extent that the
liability of the performance bond is not conditioned upon the operators
faithful performance of all the requirements of the Act, the permit and
the reclamation plan in section 08.13.09.15A(2)).
08.13.09.15B Form of Performance Bonds.
08.13.09.15C Amount of Performance Bonds is conditionally approved
pending a demonstration that the flat rate bond schedule when taken
together with the proposed alternative bonding system under House Bill
1384 will provide sufficient funds to satisfy the requirements of 30 CFR
800.11(e).
08.13.09.15D Adjustment of Bond Amount is conditionally approved
pending the approval by OSM of the demonstration of solvency of the
alternative bonding system and except to the extent that the proposed
rule does not require that the bond be adjusted as acreage in the permit
area is increased.
08.13.09.15E Duration of Performance Bonds.
08.13.09.15F Conditions of Bonds (except to the extent that it does
not require that the bond provide a mechanism for the bank to give
prompt notice to the regulatory authority of any notice received or
action filed alleging the insolvency of the permittee in section
08.13.09.l5F(2)(h)). In addition, subsection F(5) is approved, as
interpreted in letter dated September 30, 1991, Administrative Record
No. MD-547.0i is approved.
08.13.09.15H Criteria and Schedule for Release of Performance Bonds
(except section 08.13.09.15H(4) is conditionally approved pending the
approval of the proposed revisions to section 08.13.09.15C, which
established flat rate performance bond schedule as part of the
alternative bonding system proposed by House Bill 1384, and section
08.13.09.15H(6) is approved except to the extent that members of the
Land Reclamation Committee are not required to file with the State,
financial interest statements and to recuse themselves from any
proceedings which may affect their financial interest).
08.13.09.15I Procedures for Release of Bonds (except:
Section 08.13.09.15I(1)(a) concerning the deletion of the requirement
that applications for bond release may only be filed at times or seasons
of the year that allow the regulatory authority to adequately evaluate
the success of the reclamation, is not approved;
Section 08.13.09.15I(2)(b) is approved except to the extent that the
advertisement of bond release is not required to include the
identification of the permit approval date, the type of the bond filed,
and the appropriate dates of reclamation work performed;
Section 08.13.09.15I(4) concerning the deletion of the requirement
that the surface owner, agent or lessee shall be given notice of the
bond release inspection and provided with an opportunity to participate
with the regulatory authority in making the bond release inspection, is
not approved; and
Section 08.13.09.15I(4) (a) and (b) concerning the addition of
provisions which would allow the regulatory authority to waive the
requirement for a bond release inspection if no objections or requests
for an informal hearing were submitted and the regulatory authority had
conducted the required complete inspection of the area within the four
month period prior to receipt of the bond release application and the
complete inspection did not identify any reason for denying bond
release, is not approved.)
08.13.09.15J. Procedures for Release of Revegetation Bonds.
08.13.09.15L. Bond Forfeiture (Approved revision renumbers former
section L as new section K).
8.13.09.15M. Deep-Mine Bonding Requirements (approved revision
renumber former section M as new section L.
(2) Revisions to the following Statutes to the Maryland Annotated
Code:
7-507.1 Mine Reclamation Surcharge; Bond Supplement Surcharge.
7-514 Disposition of Funds is conditionally approved pending a
demonstration by Maryland that the alternative bonding system will
contain sufficient funds to assure that the Bond Supplemental Reserve
Fund can be operated in a manner that will meet the requirements of 30
CFR 800.11(e).
7-514.1 Bond Supplement Reserve is conditionally approved pending a
demonstration by Maryland that the alternative bonding system will
contain sufficient funds to assure that the Bond Supplemental Reserve
Fund can be operated in a manner that will meet the requirements of 30
CFR 800.11(e).
7-514.2 Water Supply Replacement Reserve.
7-519 Protection of Interest in Water Resources; Replacement of
Water Supplies (except that the provisions of section 7-519(b) and
7-519(e)(2) which specifically exempt an operator from the requirement
to replace water supplies after all bond on the permit have been fully
released, are not approved).
7-5A-05.2 Replacement of Water Supplies so long as in cases of bond
forfeiture, the amount necessary for water replacement does not render
the balance of the bond insufficient to fully reclaim the surface
effects of underground mining.
7-5A-09(c) Bond: Amount; Period of Liability.
7-5A-10(d) Forfeiture of bond or Deposit: Disposition of Proceeds;
Uses.
(o) The following amendments submitted to OSM on December 6, 1990,
are approved effective December 2, 1991, with the exception noted.
(1) Revision of the following rules of Code of Maryland
Administrative Regulations:
(2) Addition of the following rules of Code of Maryland
Administrative Regulations:
(p) The following amendments submitted to OSM on May 7, 1991 and May
16, 1991 are approved effective January 10, 1992. The amendments
consist of the following modifications to the Maryland program:
(1) Revision of the following rules of the Code of Maryland
Administrative Regulations:
08.13.09.43A General Provisions on Adjudicatory Hearings -- General.
08.13.09.43B(1), B(1)(e), B(3), B(4), B(5), and B(6) General
Provisions on Adjudicatory Hearings -- Initial Review of Request.
08.13.09.43K(7) and K(8) General Provisions on Adjudicatory Hearings
-- Procedure after Testimony is Concluded.
08.13.09.43N(7) General Procedures on Adjudicatory Hearings -- Award
of Costs.
3. In 920.16, paragraph (a) is removed and reserved.
(49 FR 4734, Feb. 8, 1984, as amended at 50 FR 2785, Jan. 22, 1985;
50 FR 36971, Sept. 10, 1985; 51 FR 44789, Dec. 12, 1986; 52 FR 3008,
Jan. 30, 1987; 55 FR 22907, June 5, 1990; 56 FR 1108, Jan. 11, 1991;
56 FR 11938, Mar. 21, 1991; 56 FR 19282, Apr. 26, 1991; 56 FR 23512,
May 22, 1991; 56 FR 28484, June 21, 1991; 56 FR 37851, Aug. 9, 1991;
56 FR 61162, Dec. 2, 1991; 56 FR 63659, Dec. 5, 1991; 57 FR 1106, Jan.
10, 1992)
30 CFR 920.16 Required program amendments.
Pursuant to 30 CFR 732.17, Maryland is required to submit for OSMRE's
approval the following proposed program amendments by the dates
specified.
(a) By July 25, 1991, Maryland shall submit proposed revisions to
COMAR 08.13.09.43K(7) and COMAR 08.13.09.43N(7) to cite the Maryland
Administrative Act, State Government Article, sections 10-201 et seq.,
Annotated Code of Maryland instead of article 41, section 244, et seq.,
Annotated Code of Maryland.
(b) By February 10, 1992, Maryland shall amend its rules at COMAR
08.13.09.23E(5) or otherwise amend its program to be no less effective
than 30 CFR 816.41(e)(3) by requiring an operator to demonstrate that
the operations prevented material damage to the hydrologic balance
outside the permit area, before the regulatory authority may modify
surface-water monitoring requirements.
(c) By February 10, 1992, Maryland shall amend its rules at COMAR
08.13.09.24H(1)(j) and/or 08.13.09.24H(9) to clarify that the required
annual inspections of impoundments are to be conducted by professional
engineers or specialists experienced in the construction of
impoundments.
(d) By February 10, 1992, Maryland shall amend its rules at COMAR
08.13.09.24H(2)(c) to clarify the engineering design standards that
ensure stability comparable to a 1.3 minimum static safety factor.
(e) By February 10, 1992, Maryland shall amend its rules at COMAR
08.13.09.24H(7) or otherwise amend its program to be no less effective
than 30 CFR 816.49(a)(10)(ii) by requiring the submission of a certified
report after each inspection conducted during and upon completion of
construction, and annually thereafter, containing the specific
information described in 30 CFR 816.49(a)(10)(11).
(f) By February 10, 1992, Maryland shall amend its rules at COMAR
08.13.09.24I or otherwise amend its program to be no less effective than
30 CFR 816.56 by requiring the operator to ensure that all temporary
structures are removed and reclaimed before abandoning a permit area or
seeking bond release.
(g) By February 10, 1992, Maryland shall amend its rules at COMAR
08.13.09.41(C)(1) or otherwise amend its program to be no less effective
than 30 CFR 845.18(a) by allowing a period of 30 days within which a
person against whom a penalty has been assessed may request an
assessment conference.
(h) By March 1, 1992, Maryland shall amend section 08.13.09.15A(2) or
otherwise amend its program to be no less effective than 30 CFR
800.11(a) to require that all performance bonds also be conditioned upon
the operator's faithful performance of all requirements of the Act, the
permit and the reclamation plan.
(i) By November 1, 1992, Maryland shall submit information,
sufficient to demonstrate that the revenues generated by the flat rate
bond schedule in section 08.13.09.15C in combination with the revenues
generated through implementation of the alternative bonding system
established by MAC 7-514.2, will assure that the alternative bonding
system can be operated in a manner that will meet the requirements of 30
CFR 800.11(e).
(j) Upon the approval of the alternative bonding system, Maryland
shall amend section 08.13.09.15D(1) or otherwise amend its program to be
no less effective than 30 CFR 800.15(a) by requiring that the regulatory
authority shall adjust the amount of bond when the area requiring bond
coverage is increased.
(k) By March 1, 1992, Maryland shall amend section 08.13.09.15F(2)(h)
or otherwise amend its program to be no less effective than 30 CFR
800.14(e)(1) to require that the bond shall provide a mechanism for the
bank to give prompt notice to the regulatory authority of any notice
received or action filed alleging the insolvency or bankruptcy of the
permittee.
(l) By March 1, 1992, Maryland shall amend its program to be no less
effective than 30 CFR 705.4(d) by requiring that each member of the Land
Reclamation Committee shall recuse themselves from proceedings which may
affect their direct financial interests and to be no less effective than
30 CFR 705.11(d) by requiring each member of the Land Reclamation
Committee to file a statement of employment and financial interest.
(m) By March 1, 1992, Maryland shall amend section 08.13.09.15I(2)(b)
or otherwise amend its program to be no less effective than 30 CFR
800.40(a)(2) by requiring that the advertisement of a bond release
application include the identification of the permit's approval date,
the type of the bond filed, and the appropriate dates of the reclamation
work performed.
(n) By November 1, 1992, Maryland shall submit information sufficient
to demonstrate that the revenues generated by the flat rate bond
schedule in section 08.13.09.15C. in combination with the revenues
generated by the bond supplement surcharge, will assure that the
alternative bonding system can be operated in a manner that will meet
the requirements of 30 CFR 800.11(e). Maryland shall provide such a
demonstration through a certified actuarial study showing the Fund's
soundness or financial solvency.
(51 FR 44790, Dec. 12, 1986, as amended at 56 FR 19282, Apr. 26,
1991; 56 FR 37851, Aug. 9, 1991; 56 FR 63659, Dec. 5, 1991)
30 CFR 920.20 Approval of Maryland abandoned mine plan.
The Maryland Abandoned Mine Plan, as submitted on March 8, 1982, is
approved.
Copies of the approved program are available at:
Office of Surface Mining Reclamation and Enforcement, 603 Morris
Street, Charleston, West Virginia 25301
State of Maryland Bureau of Mines, 69 Hills Street, Frostburg,
Maryland 21532
The Office of Surface Mining Reclamation and Enforcement,
Administrative Record, Room 5315, 1100 L Street, NW., Washington, DC
20240
(47 FR 25957, June 16, 1982)
30 CFR 920.20 PART 921 -- MASSACHUSETTS
Sec.
921.700 Massachusetts Federal program.
921.701 General.
921.702 Exemption for coal extration incidental to the extraction of
other minerals.
921.707 Exemption for coal extraction incident to Government-financed
highway or other construction.
921.761 Areas designated unsuitable for surface coal mining by Act of
Congress.
921.762 Criteria for designating areas as unsuitable for surface coal
mining operations.
921.764 Process for designating areas unsuitable for surface coal
mining operations.
921.772 Requirements for coal exploration.
921.773 Requirements for permits and permit processing.
921.774 Revision; renewal; and transfer, assignment, or sale of
permit rights.
921.775 Administrative and judicial review of decisions.
921.777 General content requirements for permit applications.
921.778 Permit applications -- minimum requirements for legal,
financial, compliance, and related information.
921.779 Surface mining permit applications -- minimum requirements
for information on environmental resources.
921.780 Surface mining permit applications -- minimum requirements
for reclamation and operation plan.
921.783 Underground mining permit applications -- minimum
requirements for information on environmental resources.
921.784 Underground mining permit applications -- minimum
requirements for reclamation and operation plan.
921.785 Requirements for permits for special categories of mining.
921.795 Small operator assistance.
921.800 General requirements for bonding of surface coal mining and
reclamation operations.
921.815 Performance standards -- coal exploration.
921.816 Performance standards -- surface mining activities.
921.817 Performance standards -- underground mining activities.
921.819 Special performance standards -- auger mining.
921.823 Special performance standards -- operations on prime
farmland.
921.824 Special performance standards -- mountaintop removal.
921.827 Special performance standards -- coal processing plants and
support facilities not located at or near the minesite or not within the
permit area for a mine.
921.828 Special performance standards -- in situ processing.
921.842 Federal inspections.
921.843 Federal enforcement.
921.845 Civil penalties.
921.846 Individual civil penalties.
921.955 Certification of blasters.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq. ; and Pub. L.
100-34.
Source: 48 FR 41004, Sept. 12, 1983, unless otherwise noted.
30 CFR 921.700 Massachusetts Federal program.
(a) This part contains all rules that are applicable to surface coal
mining operations in Massachusetts which have been adopted under the
Surface Mining Control and Reclamation Act of 1977.
(b) The rules in this part cross-reference pertinent parts of the
permanent program regulations in this chapter. The full text of a rule
is in the permanent program rule cited under the relevant section of the
Massachusetts Federal program.
(c) The rules in this part apply to all surface coal mining
operations in Massachusetts conducted on non-Federal and non-Indian
lands. The rules in Subchapter D of this chapter apply to operations on
Federal lands in Massachusetts.
(d) The recordkeeping and reporting requirements of this part are the
same as those of the permanent program regulations which have been
approved by the Office of Management and Budget under 44 U.S.C. 3507.
(e) There are no Massachusetts laws which provide more stringent
environmental control and regulation of surface coal mining operations
than do the provisions of the Surface Mining and Reclamation Act and the
regulations in 30 CFR chapter VII.
(f) The following are Massachusetts laws that interfere with the
achievement of the purposes and requirements of the Act and are, in
accordance with section 504(g) of the Act, preempted and superseded
insofar as they apply to surface coal mining operations regulated under
the Act:
(1) The Coal Mining Regulatory and Reclamation Act of 1977, as
amended, Mass. Ann. Laws. Ch. 21B, Sections 1-15.
(2) Statutes governing licenses for minerals exploration, Mass. Ann.
Laws Ch. 21, section 54-56.
(g) The Secretary may grant a limited variance from the performance
standards of 921.815 through 921.828 of this part if the applicant for
coal exploration approval or a surface mining permit submitted pursuant
to 921.772 through 921.785 demonstrates in the application that:
(1) Such a variance is necessary because of the nature of
Massachusetts' terrain, climate, biological, chemical or other relevant
physical conditions; and
(2) The proposed variance is not less effective than the
environmental protection requirements of the regulations in this program
and is consistent with the Act.
(48 FR 41004, Sept. 12, 1983, as amended at 52 FR 13808, Apr. 24,
1987)
30 CFR 921.701 General.
Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15, and part 701
of this chapter shall apply to surface coal mining and reclamation
operations in Massachusetts.
30 CFR 921.702 Exemption for coal extraction incidental to the
extraction of other minerals.
Part 702 of the chapter, Exemption for Coal Extraction Incidental to
the Extraction of Other Minerals, shall apply to any person who conducts
coal extraction incidental to the extraction of other minerals for
purposes of commercial use or sale.
(54 FR 52123, Dec. 20, 1989)
30 CFR 921.707 Exemption for coal extraction incident to
Government-financed highway or other construction.
Part 707 of this chapter, Exemption for Coal Extraction Incident to
Government-Financed Highway or Other Construction, shall apply to
surface coal mining and reclamation operations.
30 CFR 921.761 Areas designated unsuitable for surface coal mining by
Act of Congress.
Part 761 of this chapter, Areas Designated by Act of Congress, shall
apply to surface coal mining and reclamation operations.
30 CFR 921.762 Criteria for designating areas as unsuitable for surface
coal mining operations.
Part 762 of this chapter, Criteria for Designating Areas Unsuitable
for Surface Coal Mining Operations, shall apply to surface coal mine
operations.
30 CFR 921.764 Process for designating areas unsuitable for surface
coal mining operations.
Part 764 of this chapter, State Processes for Designating Areas
Unsuitable for Surface Coal Mining Operations, pertaining to
petitioning, initial processing, hearing requirements, decisions, data
base and inventory systems, public information, and regulatory
responsibilities, are applicable in Massachusetts beginning on May 28
1983.
30 CFR 921.772 Requirements for coal exploration.
(a) Part 772 of this chapter, Requirements for Coal Exploration,
shall apply to any person who conducts or seeks to conduct coal
exploration operations.
(b) The Office shall make every effort to act on an exploration
application within 60 days of receipt or such longer time as may be
reasonable under the circumstances. If additional time is needed, OSMRE
shall notify the applicant that the application is being reviewed, but
more time is necessary to complete such review, setting forth the
reasons and the additional time that is needed.
(52 FR 13809, Apr. 24, 1987)
30 CFR 921.773 Requirements for permits and permit processing.
(a) Part 773 of this chapter, Requirements for Permits and Permit
Processing, shall apply to any person who applies for a permit for
surface coal mining and reclamation operations.
(b) In addition to the requirements of part 773, the following permit
application review procedures shall apply:
(1) Any person applying for a permit shall submit five copies of the
applications to the Office.
(2) The Office shall review an application for administrative
completeness and acceptability for further review and shall notify the
applicant in writing of the findings. The Office may:
(i) Reject a flagrantly deficient application, notifying the
applicant of the findings;
(ii) Request additional information required for completeness stating
specifically what information must be supplied and negotiate the date by
which the information must be submitted; or
(iii) Judge the application administratively complete and acceptable
for further review.
(3) Should the applicant not submit the information as required by
921.773(b)(2)(ii) by the specified date, the Office may reject the
application. When the applicant submits the required information by the
specified date, the Office shall review it and advise the applicant
concerning its acceptability.
(4) When the application is judged administratively complete, the
applicant shall be advised by the Office to file the public notice
required by 773.13 of this chapter.
(5) A representative of the Office shall visit the proposed permit
area to determine whether the operation and reclamation plans are
consistent with actual site conditions. The applicant will be notified
in advance of the time of the visit. At the time of the visit, the
applicant shall have the locations of the proposed permit boundaries,
topsoil storage areas, sediment control structures, roads, and other
significant features contained in the application marked by flags.
(c) In addition to the information required by subchapter G of this
chapter, the Office may require an applicant to submit supplementary
information to ensure compliance with applicable Federal laws and
regulations other than the Act.
(d) No person shall conduct coal exploration which results in the
removal of more than 250 tons of coal nor shall any person conduct
surface coal mining operations without a permit issued by the Secretary
pursuant to 30 CFR part 773 and applicable permits issued pursuant to
the laws of the State of Massachusetts, including: The Historic and
Scenic Rivers Act, Mass. Ann. Laws Ch. 21, sections 8-17B;
Massachusetts Register of Historic Places, Mass. Ann. Laws Ch. 152 and
the regulations (950 CMR 71); Historical Preservation Statutes, Mass.
Ann. Laws Ch. 9, sections 26-27(D); real property statutes. Mass Ann.
Laws Ch. 184, sections 31-32; statutes governing State forests and
parks, Mass. Ann. Laws Ch. 132, sections 40-46; of the Wetlands
Protection Act Ch. 131, sections 40-46; statutes and rules governing
dredging permits, Mass. Ann. Laws Ch. 21A; section 14, 310 CMR 9.01
et seq.; the Massachusetts Hazardous Waste Management Act Ch. 21C,
sections 1-14; the Massachusetts Clean Water Act Ch. 21, sections
26-53; statutes governing the construction of roads, drains, or
ditches, Mass. Ann. Laws Ch. 252, Sections 15-18; statutes governing
drilling or removal of sand or any minerals, Mass. Ann. Laws Ch. 132A,
Sections 13-181 and statutes governing use, storage, and handling of
explosives, Mass. Ann. Laws Ch. 148, Sections 9-19.
(e) The Secretary shall provide for coordination of review and
issuance of a coal exploration or surface coal mining and reclamation
permit with the review and issuance of other Federal and State permits
listed in this subpart and part 773 of this chapter.
(52 FR 13809, Apr. 24, 1987)
30 CFR 921.774 Revision; renewal; and transfer, assignment, or sale
of permit rights.
(a) Part 774 of this chapter, Revision; Renewal; and Transfer,
Assignment, or Sale of Permit Rights, shall apply to any such actions
involving surface coal mining and reclamation operations permits.
(b) Any revision to the approved permit will be subject to review and
approval by OSMRE.
(1) Significant revisions shall be processed as if they are new
applications in accordance with the public notice and hearing provisions
of 773.13, 773.19(b) (1) and (2), and 778.21 and of part 775.
(2) OSMRE shall make every effort to approve or disapprove an
application for permit revision within 60 days of receipt or such longer
time as may be reasonable under the circumstances. If additional time
is needed, OSMRE shall notify the applicant that the application is
being reviewed, but that more time is necessary to complete such review,
setting forth the reasons and the additional time that is needed.
(c) In addition to the requirements of part 774 of this chapter, any
person having an interest which is or may be adversely affected by a
decision on the transfer, assignment, or sale of permit rights,
including an official of any Federal, State, or local government agency,
may submit written comments on the application to the Office within
thirty days of either the publication of the newspaper advertisement
required by 774.17(b)(2) of this chapter or receipt of an
administratively complete application, whichever is later.
(52 FR 13809, Apr. 24, 1987)
30 CFR 921.775 Administrative and judicial review of decisions.
Part 775 of this chapter, Administrative and Judicial Review of
Decisions, shall apply to all decisions on permits.
(52 FR 13809, Apr. 24, 1987)
30 CFR 921.777 General content requirements for permit applications.
Part 777 of this chapter, General Content Requirements for Permit
Applications, shall apply to any person who applies for a permit to
conduct surface coal mining and reclamation operations.
(52 FR 13809, Apr. 24, 1987)
30 CFR 921.778 Permit applications -- minimum requirements for legal,
financial, compliance, and related information.
Part 778 of this chapter, Permit Applications -- Minimum Requirements
for Legal, Financial, Compliance and Related Information, shall apply to
any person who applies for a permit to conduct surface coal mining and
reclamation operations.
(52 FR 13809, Apr. 24, 1987)
30 CFR 921.779 Surface mining permit applications -- minimum
requirements for information on environmental resources.
Part 779 of this chapter, Surface Mining Permit Applications --
Minimum Requirements for Information on Environmental Resources, shall
apply to any person who makes application to conduct surface coal mining
and reclamation operations.
30 CFR 921.780 Surface mining permit applications -- minimum
requirements for reclamation and operation plan.
Part 780 of this chapter, Surface Mining Permit Applications --
Minimum Requirements for Reclamation and Operation Plan, shall apply to
any person who makes application to conduct surface coal mining and
reclamation operations.
30 CFR 921.783 Underground mining permit applications -- minimum
requirements for information on environmental resources.
Part 783 of this chapter, Underground Mining Permit Applications --
Minimum Requirements for Information on Environmental Resources, shall
apply to any person who submits an application to conduct underground
coal mining and reclamation operations.
30 CFR 921.784 Underground mining permit applications -- minimum
requirements for reclamation and operation plan.
Part 784 of this chapter, Underground Mining Permit Applications --
Minimum Requirements for Reclamation and Operation Plan, shall apply to
any person who makes application to conduct underground coal mining
operations.
30 CFR 921.785 Requirements for permits for special categories of
mining.
Part 785 of this chapter, Requirements for Permits for Special
Categories of Mining, shall apply to each person who makes application
for a permit to conduct certain categories of surface coal mining and
reclamation operations as specified therein.
30 CFR 921.795 Small operator assistance.
Part 795 of this chapter, Small Operator Assistance, shall apply to
any person making application for assistance under the small operator
assistance program.
30 CFR 921.800 General requirements for bonding of surface coal mining
and reclamation operations.
Part 800 of this chapter, General Requirements for Bonding of Surface
Coal Mining and Reclamation Operations Under Regulatory Programs, shall
apply to all surface coal mining and reclamation operations.
30 CFR 921.815 Performance standards -- coal exploration.
Part 815 of this chapter, Permanent Program Performance Standards --
Coal Exploration, shall apply to any person conducting coal exploration
operations.
30 CFR 921.816 Performance standards -- surface mining activities.
Part 816 of this chapter, Permanent Program Performance Standards --
Surface Mining Activities, shall apply to any person who conducts
surface coal mining and reclamation operations.
30 CFR 921.817 Performance standards -- underground mining activities.
Part 817 of this chapter, Permanent Program Performance Standards --
Underground Mining Activities, shall apply to any person who conducts
underground coal mining operations.
30 CFR 921.819 Special performance standards -- auger mining.
Part 819 of this chapter, Special Permanent Program Performance
Standards -- Auger Mining, shall apply to any person who conducts
surface coal mining operations which include auger mining.
30 CFR 921.823 Special performance standards -- operations on prime
farmland.
Part 823 of this chapter, Special Permanent Program Performance
Standards -- Operations on Prime Farmland, shall apply to any person who
conducts surface coal mining and reclamation operations on prime
farmlands.
30 CFR 921.824 Special performance standards -- mountaintop removal.
Part 824 of this chapter, Special Permanent Program Performance
Standards -- Mountaintop Removal, shall apply to any person who conducts
surface coal mining operations constituting mountaintop removal mining.
30 CFR 921.827 Special performance standards -- coal processing plants
and support facilities not located at or near the minesite or not within
the permit area for a mine.
Part 827 of this chapter, Special Permanent Program Performance
Standards -- Coal Processing Plants and Support Facilities Not Located
at or Near the Minesite or Not Within the Permit Area for a Mine, shall
apply to any person who conducts surface coal mining and reclamation
operations which includes the operation of coal processing plants and
support facilities not located at or near the minesite or not within the
permit area for a mine.
30 CFR 921.828 Special performance standards -- in situ processing.
Part 828 of this chapter, Special Permanent Program Performance
Standards -- In Situ Processing, shall apply to any person who conducts
in situ processing activities.
30 CFR 921.842 Federal inspections.
(a) Part 842 of this chapter, Federal Inspections, shall apply to all
exploration and surface coal mining and reclamation operations.
(b) The Secretary will furnish copies of inspection reports and
reports of any enforcement actions taken to the Massachusetts Department
of Environmental Management upon request.
30 CFR 921.843 Federal enforcement.
(a) Part 843 of this chapter, Federal Enforcement, shall apply when
enforcement action is required for violations on exploration and surface
coal mining and reclamation operations.
(b) The Office will furnish a copy of any enforcement document to the
Massachusetts Department of Environmental Management upon request.
30 CFR 921.845 Civil penalties.
Part 845 of this chapter, Civil Penalties, shall apply when civil
penalties are assessed for violations on surface coal mining and
reclamation operations.
30 CFR 921.846 Individual civil penalties.
Part 846 of this chapter, Individual Civil Penalties, shall apply to
the assessment of individual civil penalties under section 518(f) of the
Act.
(53 FR 3676, Feb. 8, 1988)
30 CFR 921.955 Certification of blasters.
Parts 955 of this chapter, Certification of Blasters in Federal
Program States and on Indian Lands, shall apply to the training,
examination and certification of blasters for surface coal mining and
reclamation operations.
(51 FR 19462, May 29, 1986)
30 CFR 921.955 PART 922 -- MICHIGAN
Sec.
922.700 Michigan Federal program.
922.701 General.
922.702 Exemption for coal extraction incidental to the extraction of
other minerals.
922.707 Exemption for coal extraction incident to government-financed
highway or other construction.
922.761 Areas designated unsuitable for surface coal mining by act of
Congress.
922.762 Criteria for designating areas as unsuitable for surface coal
mining operations.
922.764 Process for designating areas unsuitable for surface coal
mining operations.
922.772 Requirements for coal exploration.
922.773 Requirements for permits and permit processing.
922.774 Revision; renewal; and transfer, assignment, or sale of
permit rights.
922.775 Administrative and judicial review of decisions.
922.777 General content requirements for permit applications.
922.778 Permit applications -- minimum requirements for legal,
financial, compliance, and related information.
922.779 Surface mining permit applications -- minimum requirements
for information on environmental resources.
922.780 Surface mining permit applications -- minimum requirements
for reclamation and operation plan.
922.783 Underground mining permit applications -- minimum
requirements for information on environmental resources.
922.784 Underground mining permit applications -- minimum
requirements for reclamation and operation plan.
922.785 Requirements for permits for special categories of mining.
922.795 Small operator assistance.
922.800 General requirements for bonding of surface coal mining and
reclamation operations.
922.815 Performance standards -- coal exploration.
922.816 Performance standards -- surface mining activities.
922.817 Performance standards -- underground mining activities.
922.819 Special performance standards -- auger mining.
922.823 Special performance standards -- operations on prime
farmland.
922.824 Special performance standards -- mountaintop removal.
922.827 Special performance standards -- coal processing plants and
support facilities not located at or near the minesite or not within the
permit area for a mine.
922.828 Special performance standards -- in situ processing.
922.842 Federal inspections.
922.843 Federal enforcement.
922.845 Civil penalties.
922.846 Individual civil penalties.
922.955 Certification of blasters.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq. ; and Pub. L.
100-34.
Source: 47 FR 47162, Oct. 22, 1982, unless otherwise noted.
30 CFR 922.700 Michigan Federal program.
(a) This part contains all rules that are applicable to surface coal
mining operations in Michigan which have been adopted under the Surface
Mining Control and Reclamation Act of 1977.
(b) The rules in this part cross-reference pertinent parts of the
permanent program regulations in this chapter. The full text of a rule
is in the permanent program rule cited under the relevant section of the
Michigan Federal program.
(c) The rules in this part apply to all surface coal mining
operations in Michigan conducted on non-Federal and non-Indian lands.
The rules in Subchapter D of this chapter apply to operations on Federal
lands in Michigan.
(d) The information collection requirements contained in this part do
not require approval by the Office of Management and Budget under 44
U.S.C. 3507 because there are fewer than ten respondents annually.
(e) The following provisions of Michigan laws provide, where
applicable, for more stringent environmental control and regulation of
surface coal mining operations than do the provisions of the Act and the
regulations in this chapter. Therefore, pursuant to section 505(b) of
the Act, they shall not be construed to be inconsistent with the Act:
(1) The Michigan Reclamation of Mining Lands, Act 92 (1970), MCL
section 425.181 et seq. as amended, to the extent that it regulates
surface coal mining operations which affect two acres or less; or where
less than 250 tons of coal are removed or intended to be removed for
commercial use or sale in one location or; or where the extraction of
coal is incidental to the extraction of other minerals and where coal
does not exceed 16 2/3 per centum of the tonnage of minerals removed for
purposes of commercial use or sale; or coal explorations subject to
section 512 of the Act (30 U.S.C. 1262) or; where the extraction of
coal is an incidental part of Federal, State, or local
government-financed highway or other construction.
(2) Michigan Farmland and Open Space Preservation Act, MCL section
554.701, pertaining to land use restrictions including mineral
extraction.
(3) Michigan Solid Waste Regulations pertaining to solid waste
management, MCL section 299.401, R-325.3231.
(4) Michigan noxious weed statute and regulations containing the
noxious weed list, MCL section 243.61.
(f) The following are Michigan laws that interfere with the
achievement of the purposes and requirements of the Act and are, in
accordance with section 504(g) of the Act, preempted and superseded:
The Michigan Reclamation of Mining Lands Act, MCL section 425.181 et
seq. as amended, but not to the extent that it regulates surface coal
mining operations which affect two acres or less; or where less than
250 tons of coal are removed or intended to be removed for commercial
use in one location; or where the extraction of coal is incidental to
the extraction of other minerals and where coal does not exceed 16 2/3
per centum of the tonnage of minerals removed for purposes of commercial
use or sale; or coal explorations subject to section 512 of the Act (30
U.S.C. 1262); or where the extraction of coal is an incidental part of
Federal, State, or local government-financed highway or other
construction.
(47 FR 47162, Oct. 22, 1982, as amended at 52 FR 13810, Apr. 24,
1987)
30 CFR 922.701 General.
Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701
of this chapter shall apply to surface coal mining operations in
Michigan.
30 CFR 922.702 Exemption for coal extraction incidental to the
extraction of other minerals.
Part 702 of this chapter, Exemption for Coal Extraction Incidental to
the Extraction of Other Minerals, shall apply to any person who conducts
coal extraction incidental to the extraction of other minerals for
purposes of commercial use or sale.
(54 FR 52123, Dec. 20, 1989)
30 CFR 922.707 Exemption for coal extraction incident to
government-financed highway or other construction.
Part 707 of this chapter, Exemption for Coal Extraction Incident to
Government-Financed Highway or Other Construction, shall apply to
surface coal mining and reclamation operations.
30 CFR 922.761 Areas designated unsuitable for surface coal mining by
Act of Congress.
Part 761 of this chapter, Areas Designated by Act of Congress, shall
apply to surface coal mining and reclamation operations.
30 CFR 922.762 Criteria for designating areas as unsuitable for surface
coal mining operations.
Part 762 of this chapter, Criteria for Designating Areas Unsuitable
for Surface Coal Mining Operations, shall apply to surface coal mine
operations beginning May 28, 1983.
30 CFR 922.764 Process for designating areas unsuitable for surface
coal mining operations.
Part 764 of this chapter, State Processes for Designating Areas
Unsuitable for Surface Coal Mining Operations, pertaining to
petitioning, initial processing, hearing requirements, decisions, data
base and inventory systems, public information, and regulatory
responsibilities shall apply to surface coal mine operations beginning
one year after May 28, 1983.
30 CFR 922.772 Requirements for coal exploration.
(a) Part 772 of this chapter, Requirements for Coal Exploration,
shall apply to any person who conducts or seeks to conduct coal
exploration operations.
(b) The Office shall make every effort to act on an exploration
application within 60 days of receipt or such longer time as may be
reasonable under the circumstances. If additional time is needed, OSMRE
shall notify the applicant that the application is being reviewed, but
that more time is necessary to complete such review, setting forth the
reasons and the additional time that is needed.
(52 FR 13810, Apr. 24, 1987)
30 CFR 922.773 Requirements for permits and permit processing.
(a) Part 773 of this chapter, Requirements for Permits and Permit
Processing, shall apply to any person who applies for a permit for
surface coal mining and reclamation operations.
(b) In addition to the requirements of part 773, the following permit
application review procedures shall apply:
(1) Any person applying for a permit shall submit five copies of the
application to the Office.
(2) The Office shall review an application for administrative
completeness and acceptability for further review and shall notify the
applicant in writing of the findings. The Office may:
(i) Reject a flagrantly deficient application, notifying the
applicant of the findings;
(ii) Request additional information required for completeness stating
specifically what information must be supplied and negotiate the date by
which the information must be submitted; or
(iii) Judge the application administratively complete and acceptable
for further review.
(3) Should the applicant not submit the information as required by
912.773(b)(2)(ii) by the specified date, the office may reject the
application. When the applicant submits the required information by the
specified date, the Office shall review it and advise the applicant
concerning its acceptability.
(4) When the application is judged administratively complete, the
applicant shall be advised by the Office to file the public notice
required by 773.13 of this chapter.
(5) A representative of the Office shall visit the proposed permit
area to determine whether the operation and reclamation plans are
consistent with actual site conditions. The applicant will be notified
in advance of the time of the visit. At the time of the visit, the
applicant shall have the locations of the proposed permit boundaries,
topsoil storage areas, sediment control structures, roads, and other
significant features contained in the application marked by flags.
(c) In addition to the information required by subchapter G of this
chapter, the Office may require an applicant to submit supplementary
information to ensure compliance with applicable Federal laws and
regulations other than the Act.
(d) Where applicable, no person shall conduct surface coal
exploration operations which result in the removal of more than 250 tons
in one location, or surface coal mining operations without permits
issued pursuant to the: Michigan Construction and Maintenance Act, MCL
section 254.25, pertaining to the alteration of watercourses; Michigan
Dams in Streams or Rivers Act of 1963, MCL section 281.131; Michigan
Explosives Act of 1970, MCL section 29.41, pertaining to the use of
explosives (permit is issued by an officer of a local police or
sheriff's department or a designated officer of the State police);
Michigan Hazardous Waste; Management Act of 1980, MCL section 299.501;
Michigan Inland Lake and Streams Act of 1972, MCL section 281. 951;
Michigan Mineral Wells Act of 1969, MCL section 319.211; Michigan Sand
Dune Protection and Management Act of 1976, MCL section 281.651;
Michigan Solid Waste Management Act of 1978, MCL section 299.401;
Michigan Water Resources Commission Act, MCL section 323.1; Michigan
Water Resources Commission General Rules, R-323.1001 et seq.; Michigan
Water Quality Standards, R-323.1041; the Michigan Wetland Protection
Act of 1969, MCL section 281.701; Michigan Aboriginal Records and
Antiquities Act, MCL section 299.51; Michigan Great Lakes Submerged
Lands Act, MCL section 322.701 and the Michigan Historical Activities
Act, MCL section 399.201.
(e) The Secretary shall provide for the coordination of review and
issuance of permits for surface mining and reclamation operations with
applicable requirements of the Michigan Air Pollution Act of 1965, MCL
section 336.11 and the Michigan Administrative Rules for Air Pollution
Control, R-336.1101 et seq.; the Michigan Control and Eradication of
Noxious Weeds Act, MCL section 247.61; the Michigan Endangered Species
Act of 1974, MCL section 299.221 and the Michigan Hazardous Waste
Management Act of 1980. The Secretary shall further coordinate review
of permits, where applicable, with the appropriate State agencies
concerning compliance with the Michigan Farmland and Open Space
Preservation Act, MCL section 554.71.
(52 FR 13810, Apr. 24, 1987)
30 CFR 922.774 Revision; renewal; and transfer, assignment, or sale
of permit rights.
(a) Part 774 of this chapter, Revision; Renewal; and Transfer,
Assignment, or Sale of Permit Rights, shall apply to any such actions
involving surface coal mining and reclamation operations permits.
(b) Any revision to the approved permit will be subject to review and
approval by OSMRE.
(1) Significant revisions shall be processed as if they are new
applications in accordance with the public notice and hearing provisions
of 773.13, 773.19(b) (1) and (2), and 778.21 and of part 775.
(2) OSMRE shall make every effort to approve or disapprove an
application for permit revision within 60 days of receipt or such longer
time as may be reasonable under the circumstances. If additional time
is needed, OSMRE shall notify the applicant that the application is
being reviewed, but more time is necessary to complete such review,
setting forth the reasons and the additional time that is needed.
(c) In addition the requirements of part 774 of this chapter, any
person having an interest which is or may be adversely affected by a
decision on the transfer, assignment, or sale of permit rights,
including an official of any Federal, State, or local government agency,
may submit written comments on the application to the Office within
thirty days of either the publication of the newspaper advertisement
required by 774.17(b)(2) of this chapter or receipt of an
administratively complete application, whichever is later.
(52 FR 13810, Apr. 24, 1987)
30 CFR 922.775 Administrative and judicial review of decisions.
Part 775 of this chapter, Administrative and Judicial review of
Decisions, shall apply to all decisions on permits.
(52 FR 13811, Apr. 24, 1987)
30 CFR 922.777 General content requirements for permit applications.
Part 777 of this chapter, General Content Requirements for Permit
Applications, shall apply to any person who applies for a permit to
conduct surface coal mining and reclamation operations.
(52 FR 13811, Apr. 24, 1987)
30 CFR 922.778 Permit applications -- minimum requirements for legal,
financial, compliance, and related information.
Part 778 of this chapter, Permit Applications -- Minimum Requirements
for Legal, Financial, Compliance, and Related Information, shall apply
to any person who applies for a permit to conduct surface coal mining
and reclamation operations.
(52 FR 13811, Apr. 24, 1987)
30 CFR 922.779 Surface mining permit applications -- minimum
requirements for information on environmental resources.
Part 779 of this chapter, Surface Mining Permit Applications --
Minimum Requirements for Information on Environmental Resources, shall
apply to any person who makes application to conduct surface mining and
reclamation operations.
30 CFR 922.780 Surface mining permit applications -- minimum
requirements for reclamation and operation plan.
Part 780 of this chapter, Surface Mining Permit Applications --
Minimum Requirements for Reclamation and Operation Plan, shall apply to
any person who makes application to conduct surface coal mining and
reclamation operations on non-Federal and non-Indian lands.
30 CFR 922.783 Underground mining permit applications -- minimum
requirements for information on environmental resources.
Part 783 of this chapter, Underground Mining Permit Applications --
Minimum Requirements for Information on Environmental Resources, shall
apply to any person who submits an application to conduct underground
mining operations.
30 CFR 922.784 Underground mining permit applications -- minimum
requirements for reclamation and operation plan.
Part 784 of this chapter, Underground Mining Permit Applications --
Minimum Requirements for Reclamation and Operation Plan, shall apply to
any person who makes application to conduct underground mining.
30 CFR 922.785 Requirements for permits for special categories of
mining.
Part 785 of this chapter, Requirements for Permits for Special
Catergories of Mining, shall apply to each person who makes application
for a permit to conduct certain categories of surface coal mining and
reclamation operations as specified therein.
30 CFR 922.795 Small operator assistance.
Part 795 of this chapter, Small Operator Assistance, shall apply to
any person making application for assistance under the small operator
assistance program.
30 CFR 922.800 General requirements for bonding of surface coal mining
and reclamation operations.
Part 800 of this chapter, General Requirements for Bonding of Surface
Coal Mining and Reclamation Operations Under Regulatory Programs, shall
apply to all surface coal mining and reclamation operations.
30 CFR 922.815 Performance standards -- coal exploration.
Part 815 of this chapter, Permanent Program Performance Standards --
Coal Exploration, shall apply to any person conducting coal exploration
operations.
30 CFR 922.816 Performance standards -- surface mining activities.
Part 816 of this chapter, Permanent Program Performance Standards --
Surface Mining Activities, shall apply to any person who conducts
surface coal mining and reclamation operations.
30 CFR 922.817 Performance standards -- underground mining activities.
Part 817 of this chapter, Permanent Program Performance Standards --
Underground Mining Activities, shall apply to any person who conducts
underground mining operations.
30 CFR 922.819 Special performance standards -- auger mining.
Part 819 of this chapter, Special Permanent Program Performance
Standards -- Auger Mining, shall apply to any person who conducts
surface coal mining operations which include auger mining.
30 CFR 922.823 Special performance standards -- operations on prime
farmland.
Part 823 of this chapter, Special Permanent Program Performance
Standards -- Operations on Prime Farmland, shall apply to any person who
conducts surface coal mining and reclamation operations on prime
farmlands.
30 CFR 922.824 Special performance standards -- mountaintop removal.
Part 824 of this chapter, Special Permanent Program Performance
Standards -- Mountaintop Removal, shall apply to any person who conducts
surface coal mining operations constituting mountaintop removal mining.
30 CFR 922.827 Special performance standards -- coal processing plants
and support facilities not located at or near the minesite or not within
the permit area for a mine.
Part 827 of this chapter, Special Permanent Program Performance
Standards -- Coal Processing Plants and Support Facilities not Located
at or near the Minesite or not within the Permit Area for a Mine, shall
apply to any person who conducts surface coal mining and reclamation
operations which include the operation of coal processing plants and
support facilities not located at or near the minesite and not within
the permit area for a mine.
30 CFR 922.828 Special performance standards -- in situ processing.
Part 828 of this chapter, Special Permanent Program Performance
Standards -- In Situ Processing, shall apply to any person who conducts
in situ processing activities.
30 CFR 922.842 Federal inspections.
(a) Part 842 of this chapter, Federal Inspections, shall apply to all
exploration and surface coal mining and reclamation operations.
(b) In addition to the requirements of part 842, the Secretary will
furnish a copy of each inspection report regarding inspections conducted
pursuant to this subpart to the Michigan Department of Natural Resources
upon request.
30 CFR 922.843 Federal enforcement.
(a) Part 843 of this chapter, Federal Enforcement, shall apply when
enforcement action is required for violations on surface coal mining and
reclamation operations.
(b) The Office will furnish a copy of each enforcement action
document and order to show cause issued pursuant to this subpart to the
Michigan Department of Natural Resources, Geological Survey Division
upon request.
30 CFR 922.845 Civil penalties.
Part 845 of this chapter, Civil Penalties, shall apply when civil
penalties are assessed for violations on surface coal mining and
reclamation operations.
30 CFR 922.846 Individual civil penalties.
Part 846 of this chapter, Individual Civil Penalties, shall apply to
the assessment of individual civil penalties under section 518(f) of the
Act.
(53 FR 3676, Feb. 8, 1988)
30 CFR 922.955 Certification of blasters.
Part 955 of this chapter, Certification of Blasters in Federal
Program States and on Indian Lands, shall apply to the training,
examination and certification of blasters for surface coal mining and
reclamation operations.
(51 FR 19462, May 29, 1986)
30 CFR 922.955 PART 924 -- MISSISSIPPI
Sec.
924.1 Scope.
924.10 State program approval.
924.16 Required program amendments.
Authority: Pub. L. 95-87 (30 U.S.C. 1201 et seq.).
30 CFR 924.1 Scope.
This part contains all rules applicable only within the State of
Mississippi which have been adopted under the Surface Mining Control and
Reclamation Act of 1977.
(45 FR 58525, Sept. 4, 1980)
30 CFR 924.10 State program approval.
(a) The Mississippi State program, as submitted on August 2, 1979,
and resubmitted on May 27, 1980, is approved, effective September 4,
1980. Copies of the approved program are available at:
(1) Mississippi Department of Natural Resources, Bureau of Geology
and Energy Resources, 2525 N. West Street, Jackson, Mississippi 39216.
Telephone (601) 354-6228.
(2) Office of Surface Mining Reclamation and Enforcement, Region II,
Suite 500, 530 Gay Street, SW., Knoxville, Tennessee 37902. Telephone
(615) 637-8060.
(3) Office of Surface Mining, Room 153, Interior South Building, 1951
Constitution Avenue, NW., Washington, DC 20240. Telephone: (202)
343-4728.
(b) In its May 16, 1980 opinion, the U.S. District Court for the
District of Columbia ordered the Secretary to affirmatively disapprove
any regulation in a State program which incorporates a suspended or
remanded regulation. A list follows of provisions contained in the
Mississippi submission which are based on suspended or remanded Federal
regulations. These regulations are affirmatively disapproved to the
extent indicated or, if no limitation is indicated, in their entirety.
(1) The definition of ''mine plan area'' in section 101 and its use
in sections 179, 180, 183 and 184 to the extent the definition includes
areas outside the permit area.
(2) Sections 100.11 (a), (b), and (c) insofar as they may be read to
retain discretion in the Mississippi DNR to grant an exemption from
reconstruction of existing structures after making the findings in
sections 180.12 or 184.12.
(3) In section 161.5(2)(i), the ''all permits test'' used in defining
valid existing rights to the extent it does not include persons who had
made good faith applications for all necessary permits, but not yet
received them.
(4) In section 161.5, the definition of ''public road.''
(5) Under sections 161.11(c) and .12(f)(1) the limitation on surface
mining operations which will affect places eligible for listing on the
National Register of Historical Places.
(6) Sections 161.11(c) and .12(f)(1) insofar as they would apply to
privately-owned places listed on the National Register of Historic
Places in addition to publicly-owned places.
(7) Sections 176.11(b) (3) and (5) to the extent that they require
the notice of exploration to include a map rather than a description
only.
(8) Sections 179.20 and 180.16.
(9) Sections 179.21 and 183.21, to the extent they apply to land not
qualifying as prime farmland.
(10) Section 183.14(a)(1) insofar as it requires a geologic
description of the strata down to and immediately below any coal seam
for areas to be affected only by ''surface operations and facilities''
where removal of overburden down to level of coal seam will not occur.
(11) Sections 183.25 (c), (h) and (i).
(12) Section 185.17(a) insofar as it exempts permits approved prior
to August 3, 1977, from prime farmland reconstruction standards.
(13) Sections 185.17(b)(3) and 223.14(c).
(14) Section 185.17(b)(8).
(15) In section 186.5 the words ''or has not been'' from the
definition of ''irreparable harm to the environment.''
(16) Sections 206.12(e)(6)(iii) and (g)(7)(iii).
(17) Section 207.11(e) insofar as it does not allow citizen access to
the mine site for performance bond release.
(18) Section 208.14(b).
(19) Sections 216.42(a) (1) and (7) insofar as they require that
runoff from reclaimed lands meet the same effluent limitations as that
for actively mined lands.
(20) Sections 216.42(b) and 217.42(b).
(21) Sections 216.46(b) and 217.46(b).
(22) Sections 216.46(c) and 217.46(c).
(23) In sections 216.46(d) and 217.46(d), the words ''and shall have
a discharge rate to achieve and maintain the required theoretical
detention time.''
(24) Sections 216.46(h) and 217.46(h).
(25) Section 216.65(f) and 217.65(f).
(26) Sections 216.83(a) and 217.83(a) to the extent that they would
preclude an exemption from the underdrain requirement for coal
processing waste banks where an operator can demonstrate that an
alternative to the required subdrainage systems would ensure structural
integrity of the waste bank and protection of ground or surface water
quality.
(27) Sections 216.95 and 217.95.
(28) Sections 216.103(a)(1) and 217.103(a)(1).
(29) Sections 216.115, 217.115, 223.11(c) 223.15(b) and 223.15(c), to
the extent that they exceed the statutory authority which requires only
that restored land be ''capable'' of supporting the designated use.
(30) Sections 216.116(b) and 217.116(b) to the extent that they delay
triggering an operator's five year period of responsibility for
revegetation until the operator meets the standard for vegetative cover.
(31) Sections 216.133(b)(1) and 217.133(b)(1), to the extent that an
operator is not allowed to choose between restoring the land to
condition capable of supporting prior-to-mining use or to higher use.
(32) Sections 216.133(c)(4) and (9) and 217.133(c)(4) and (9)
concerning information needed to support alternative land uses to the
extent that the operator need only demonstrate a ''reasonable
likelihood'' of attaining a post mining use that is higher or better
than previous use.
(33) Sections 216.150 -- 176 and 217.150 -- 176 concerning roads to
the extent that notice and opportunity to comment must be provided to
the public on the road classification system.
(34) Section 217.52(a), the language ''on the recharge capacity of
reclaimed land and * * *'', concerning groundwater monitoring to the
extent that special precautionary measures for underground mining
operations are not necessary to protect the recharge capacity of water
bearing formations.
(35) Section 217.54 concerning hydrologic balance to the extent that
water replacement is only required for surface coal mining operations.
(36) Sections 217.101(b)(1) and 217.102 concerning backfilling and
grading to the extent that Appropriate Original Contour (AOC)
regulations do not provide flexibility for settled fills that have
become stabilized and revegetated.
(37) Part 223 concerning performance standards for operations on
prime farmlands to the extent that it prevents an exemption for surface
facilities actively used over extended periods but which affect a
minimal amount of land.
(45 FR 58525, Sept. 4, 1980)
30 CFR 924.16 Required program amendments.
Pursuant to 30 CFR 732.17, Mississippi, prior to allowing coal
exploration or surface mining operations in the event such activities
should develop, shall submit and have approved by the Office of Surface
Mining, amendments to its permanent regulatory program to be in
accordance with SMCRA and consistent with the Federal regulations at 30
CFR chapter VII in existence at the time.
(50 FR 43570, Oct. 28, 1985)
30 CFR 924.16 PART 925 -- MISSOURI
Sec.
925.1 Scope.
925.10 State program approval.
925.12 State program provisions and amendments disapproved.
925.15 Approval of regulatory program amendments.
925.16 Required program amendments.
925.20 Approval of the Missouri Abandoned Mine Reclamation Plan.
925.25 Approval of AML plan amendments.
Authority: 30 U.S.C. 1201 et seq.
30 CFR 925.1 Scope.
This part contains all rules applicable only within Missouri that
have been adopted under the Surface Mining Control and Reclamation Act
of 1977.
(45 FR 77027, Nov. 21, 1980)
30 CFR 925.10 State program approval.
(a) The Missouri State program submitted on February 1, 1980, and as
amended and clarified on May 14, 1980, was conditionally approved
effective November 21, 1980. Copies of the approved program, as
amended, are available for review at:
(1) Missouri Land Reclamation Commission, 1026-D Northeast Drive,
Jefferson City, Missouri 65101.
(2) Office of Surface Mining, Kansas City Field Office, Scarritt
Building, 818 Grand Avenue, Kansas City, Missouri 64106.
(3) Office of Surface Mining, Administrative Record, Room 5124, 1100
L Street, NW., Washington, DC 20240.
(b) In accordance with the May 16, 1980 opinion of the U.S. District
Court for the District of Columbia, the Secretary affirmatively
disapproves the following list of provisions contained in the Missouri
program. These regulations are affirmatively disapproved to the extent
indicated or, if no limitation is indicated, in their entirety.
(1) Section 10 CSR 40-5.010(1)(A) 1 B(I), the definition of ''valid
existing rights,'' to the extent it does not allow recognition of such
rights an operator may claim by having made a good faith effort to
obtain all permits before 8/3/77 as stipulated by the court's decision.
(2) Section 10 CSR 40-8.010 No. 47, the definition of ''mine plan
area,'' and the use of the term in section 10 CSR 40-6.040 and 10 CSR
40-6.050 to the extent of the court's order regarding requirements of
information outside the permit area.
(3) Sections 10 CSR 40-6.040(11) and 10 CSR 40-6.050(7) requiring a
permit application to contain a study of fish and wildlife and to
include a fish and wildlife reclamation plan.
(4) (Reserved)
(5) Section 10 CSR 40-7.040(4)(B) to the extent it allows the
regulatory authority to forfeit and keep the entire amount of a bond
where the entire amount is not needed to complete the reclamation.
(6) Section 10 CSR 40-3.120(5) to the extent it requires an operator
who proposes range or pasture as the post-mining land use to actually
use the land for grazing for the last two years of bond liability.
(7) Sections 10 CSR 40-4.030(1)(C), 10 CSR 40-4.030(5)(B), and 10 CSR
40-4.030(5)(C) to the extent they require an operator on prime farmland
to actually return the land to crop production.
(8) Section 10 CSR 40-3.120(6)(B) to the extent that it states that
an operator's responsibility for successful revegetation is not
commenced until the vegetation reaches 90 percent of the natural cover
in the area.
(9) Section 10 CSR 40-3.130 (3)(D) and (3)(I) to the extent it
requires an operator to provide ''letters of commitment'' for proposed
land use changes or for proposed cropland use.
(10) Sections 10 CSR 40-6.060(4)(B)3 and 10 CSR 40-4.030(4)(C)
concerning excessive soil compaction.
(11) Sections 10 CSR 40-3.040(2)(A)1 and 7 to the extent they apply
effluent standards to the reclamation phase of a surface coal mining
operation.
(12) Section 10 CSR 40-3.040(2)(B) relating to effluent standard
exemptions during major storm periods.
(13) Section 10 CSR 40-3.040(6)(B) concerning sediment storage volume
in sediment ponds.
(14) Section 10 CSR 40-3.040(6)(C) concerning detention time for
water in sediment ponds.
(15) Section 10 CSR 40-3.040(6)(D) to the extent it requires
dewatering devices to have a discharge rate to achieve and maintain the
theoretical detention time for sediment ponds.
(16) Section 10 CSR 40-3.040(6)(H) concerning sediment removal from
sediment ponds.
(17) Section 10 CSR 40-3.050(4)(F) requiring special approval prior
to blasting within 1,000 feet of certain buildings and 500 feet of other
facilities and which restricts blasting at distances greater than 300
feet.
(18) Section 10 CSR 40-3.08(3)(A) concerning coal processing waste
banks, to the extent it precludes a possible exemption from the
underdrain requirement where the operator can demonstrate that an
alternative would ensure structural integrity of the waste bank and
protection of water quality.
(19) Section 10 CSR 40-3.090 concerning air resources protection, to
the extent it applies to air pollution not caused by erosion.
(20) Section 10 CSR 40-3.140(1)-(21) concerning performance standards
for three classes of roads.
(21) Section 10 CSR 40-8.010-75 the definition of ''roads'' that is
used in sections 10 CSR 40-3.140(1)-(21).
(22) Section 10 CSR 40-6.060(4)(A)8 to the extent that it requires
prime farmland reclamation target yields to be based on estimated yields
under a high level of management rather than a level of management
equivalent to that used on prime farmlands in the surrounding area.
(23) Section 10 CSR 40-8.070(2)(E) 1A and 1B relating to exemptions
for existing structures to the extent that the exemptions are not
mandatory after the appropriate findings are made.
(24) Section 10 CSR 40-3.130(2)(A) to the extent it does not allow
restoration of lands to the conditions they were capable of supporting
prior to any mining.
(25) Sections 10 CSR 40-5.101(2)(c) and 10 CSR 40-5.010(1)(F) to the
extent that they prohibit or restrict mining near places only eligible
for listing on the National Register of Historic Places, and the words
''or a statutory or regulatory responsibility for'' in section 10 CSR
40-5.010(1)(F) are disapproved. Both rules are disapproved to the
extent that they apply to privately-owned places listed on the National
Register of Historic Places in addition to publicly-owned places.
(26) Section 10 CSR 40-7.020(2)(E)5C to the extent it requires
cessation of operations upon the insolvency of a surety.
(27) Section 10 CSR 40-7.040(2)(C) to the extent that it limits bond
liability to protection of the hydrologic balance.
(28) Section 10 CSR 40-3.110(3)(A)1 to the extent it does not provide
operators the option of treating acid-forming and toxic-forming material
in lieu of covering such materials.
(29) Section 10 CSR 40-7.010(7)(D) to the extent that the exception
the regulatory authority may grant might be from all of section 216.
(30) Section 10 CSR 40-8.070(2)(B) concerning the two-acre exemption,
insofar as it applies to any operation by the person who affects or
intends to affect more than two acres of physically unrelated sites
within one year when the area affected at each site does not exceed two
acres.
(31) Section 10 CSR 40-5.010(1)(J) the definition of ''public road.''
(32) Section 10 CSR 40-6.060(4)(A) concerning the prime farmland
grandfather clause.
(33) Section 10 CSR 40-6.060(1)(B) to the extent that ''or has not
been'' is no longer part of the definition of ''irreparable damage to
the environment.''
(34) Section 10 CSR 40-8.040 to the extent it imposes a civil penalty
point system.
(45 FR 77027, Nov. 21, 1980, as amended at 48 FR 1957, Jan. 17, 1983;
49 FR 19476, May 8, 1984; 54 FR 50750, Dec. 11, 1989)
30 CFR 925.12 State program provisions and amendments disapproved.
The following provisions of the Missouri surface coal mining
regulations as submitted on December 14 and 18, 1987, are hereby
disapproved:
(a) 10 CSR 40-4.030(4)(A) insofar as it would exempt from prime
farmland performance standards coal preparation plants, support
facilities, and roads associated with surface coal mining activities.
(b) 10 CSR 40-4.030(4)(B) insofar as it would exempt from prime
farmland performance standards water bodies as a postmining land use.
(c) 10 CSR 40-8.010(1)(A)18 the definitions of ''coal processing
plant'' and ''coal preparation plant'' insofar as they exempt from
regulation certain facilities where coal is subjected to chemical or
physical processing or cleaning, concentrating, or other processing or
preparation, if they do not separate coal from its impurities.
(53 FR 43869, Oct. 31, 1988)
30 CFR 925.15 Approval of regulatory program amendments.
(a) The Missouri permanent program amendments of December 3, 1980 and
March 12, 1981, are approved effective July 23, 1982.
(b) The Missouri permanent program amendments of September 7, 1982
and October 13, 1982, are approved effective January 17, 1983.
(c) The following amendments were approved effective May 8, 1984.
(1) Revisions to the Missouri statute submitted April 13, 1983,
contained in Senate Bill 737, enacted April 7, 1982, repealing sections
444.805 and 444.830, and adding sections 444.805, 444.830, 444.950,
444.955, 444.960, 444.965 and 444.970.
(2) Missouri revised regulations submitted April 13, 1983, adopted
April 11, 1983, amending 10 CSR 40-3.120, 40-3.270, 40-4.030, and
40-8.030; rescinding 40-7.010, 40-7.020, 40-7.030, and 40-7.040; and
adding 40-7.011, 40-7.021, 40-7.031, 40-7.041 and 40-7.050; with the
exception of those provisions identified in section 925.16 which require
further amendment.
(d) The following amendments submitted to OSMRE on March 13, 1986,
are approved effective January 7, 1987:
Missouri's rules at 10 CSR 40-2.090(6) concerning initial program
revegetation requirements and success standards, Missouri's rules at 10
CSR 40-7.031(3)(B) concerning bond forfeiture, Missouri's rules at 10
CSR 40-8.030(1) concerning requirements for inspections by the
Commission or Director, Missouri's rules at 10 CSR 40-8.030(6)
concerning enforcement of cessation orders, Missouri's rules at 10 CSR
40-8.030(7) concerning enforcement of notices of violation, Missouri's
rule at 10 CSR 40-8.030(17) concerning informal public hearings,
Missouri's rules at 10 CSR 40-8.040(3) concerning point system for
penalty assessment, Missouri's rules at 10 CSR 40-8.040(7) concerning
assessment procedures for civil penalties, and Missouri's rules at 10
CSR 40-8.040(8) concerning informal assessment conference procedures.
(e) The following amendments submitted to OSMRE on February 4, 1987
are approved effective February 26, 1988.
Missouri's rules at 10 CSR 40-2.090(5) concerning methods of
revegetation; Missouri's rules at 10 CSR 40-3.040 (2), (6), and (17)
concerning water quality standards and effluent limitations,
sedimentation ponds, and stream buffer zones; Missouri's rules at 10
CSR 40-3.200 (2) and (16) concerning water quality standards and
effluent limitations, and stream buffer zones; Missouri's rules at 10
CSR 40-3.110(1) concerning general backfilling and grading requirements;
Missouri's rules at 10 CSR 40-3.120(7) and 10 CSR 40-3.270(7)
concerning tree and shrub stocking for forest land, Missouri's rules at
10 CSR 40-7.011 (2) and (3) concerning requirements to file a bond, and
types of bond; Missouri's rules at 10 CSR 40-7.021(2) concerning
criteria and schedule for release of reclamation liability; Missouri's
rules at 10 CSR 40-7.031 concerning permit suspension or revocation,
bond forfeiture and authorization to expend reclamation fund monies;
Missouri's rules at 10 CSR 40-7.041 (1), (2), and (3) concerning payment
of assessments, fund ceiling and reimbursement, and penalties for
delinquent payment of fees; Missouri's rules at 10 CSR 40-8.030 (6) and
(18) concerning enforcement of cessation orders and delinquency in
reclamation; Missouri's statutes at RSMo 1986 444.950, 444.960, and
444.965 concerning the amount of reclamation performance bonds and the
reclamation fund ceiling.
(f) The following amendments submitted to OSMRE on June 22, 1987 are
approved effective June 16, 1988:
Missouri's rules at 10 CSR 40-3.110(6) concerning stabilization of
rills and gullies; Missouri's rules at 10 CSR 40-3.120(8) (A) and (D)
concerning reclamation schedules; Missouri's rules at 10 CSR
40-3.010(6) and 10 CSR 40-3.170 concerning topsoil markers; Missouri's
rules at 10 CSR 40-6.010 (3)(C) and (5)(C) concerning general
requirements for permits; Missouri's rules at 10 CSR 40-6.030(2)(C) and
10 CSR 40-6.100(2)(C) concerning compliance information for permit
applications; Missouri's rules at 10 CSR 40-3.050 and 10 CSR 40-3.210
concerning the use of explosives; Missouri's rules at 10 CSR
40-6.050(4) concerning the blasting plan for the permit application;
Missouri's rules at 10 CSR 40-6.070 (2)(C), (6), (7) and (8) concerning
permit review and approval; Missouri's rules at 10 CSR 40-6.090 (4),
(6), (9), (10) and (11) concerning permit revisions, renewals, and
transfers; and Missouri's rules at 10 CSR 40-8.040(3) concerning the
point system for penalty assessment.
(g) The following amendments as submitted to OSMRE on December 14 and
18, 1987, are approved effective October 31, 1988.
(1) Revisions to the Missouri Code of State Regulations at 10 CSR
40-4.030(4) (C), (5), (6), and (7)(A), (B)(1), (2), (3), (4), (5), (7),
and (8), Operations on Prime Farmland; 10 CSR 40-6.040(16), Prime
Farmland Investigation; 10 CSR 40-6.060(4)(B), (C), and (D),
Requirements for Permits on Prime Farmland; 10 CSR 40-6.110(16), Prime
Farmland Investigation; 10 CSR 40-4.010, Coal Exploration Requirements;
10 CSR 40-6.020, General Requirements for Coal Exploration Permits; 10
CSR 40-8.050, Small Operator's Assistance; 10 CSR 40-8.070(2),
Applicability and General Requirements; 10 CSR 8.030(3)(B),
Availability of records; 10 CSR 40-7.021(4)(B), Inspection and
Enforcement; 10 CSR 40-6.060(1)(E), (G), (J), and (K), Experimental
Practices; 10 CSR 40-8.010(1)(A)5, 15, 16, 17, 19, 20, 25, 47, 48, and
92, Definitions; 10 CSR 40-2.090(6)(B), Revegetation Requirements; 10
CSR 40-6.010(6)(A), Permit fees; and 10 CSR 40-3.050(1)(E) and 10 CSR
3.210(1)(E), Blasting buffer zone.
(2) Revisions of the Revised Statutes of Missouri at sections
444.730, 444.800, 444.805 and 444.950 related to mining.
(h) With the exceptions of 10 CSR 40-4.030(4)(A) relating to water
bodies placed in association with prime farmland without affected
property owner consent, 10 CSR 40-6.070(8)(M) relating to a required
written finding for longterm intensive agricultural postmining land use
and 10 CSR 40-8.010(1)(A)(18) relating to the definitions of coal
processing plant and coal preparation plant; the following provisions
of the Missouri Code of State Regulations (CSR) as submitted to OSM on
August 3, 1988 are approved effective December 11, 1989.
10 CSR 40-3.050(1)(C), (1)(D), (2)(F), (3)(B), (5)(B), and (5)(D),
and 10 CSR 40-3.210(1)(C), (1)(D), (2)(F), (5)(B), and (5)(D) --
Requirements for the Use of Explosives for Surface and Underground
Operations; 10 CSR 40-3.160, Training, Examination, and Certification
of Blasters; 10 CSR 40-4.030(4) and (7)(B)6 -- Operations on Prime
Farmland; and 10 CSR 40-6.070(8)(J), (K), (L), (N) and (O) -- Criteria
for Permit Approval or Denial.
(i) The following provisions of the Missouri Code of State
Regulations (CSR) and the Missouri Revised Statutes (Mo. Rev. Stat.) as
submitted to OSM on July 8, 1988, are approved effective January 8,
1990: 10 CSR 40-3.200(2)(B), Water Quality; and Mo. Rev. Stat.
sections 444.535.7(2) and 444.815.6(2), the Two Acre Exemption.
However, no action is currently being taken on: 10 CSR 40-2.110(1)(B)
and 40-6.060(4)(A), Prime Farmland Applicability; and Mo. Rev. Stat.
sections 444.805(8), (15), and (16), 444.830.1, 444.950.1, .2, .3, and
.4, 444.960.1 and .5, and 444.965.1, .2, .3, .4, .5, and .6, Alternative
Bonding System.
(j) With the exceptions of 10 CSR 40-7.011(2) (D), (E), and (F)
concerning bond requirements and 10 CSR 40-8.040(8)(K) concerning the
processing of settlement agreements, the following provisions of the
Missouri Code of State Regulations (CSR) as submitted to OSM on March
18, 1988, are approved effective June 5, 1990: 10 CSR 40-3.100(2) and
40-3.250(1)(B), Surface and Underground Mining Requirements for the
Protection of Fish, Wildlife, and Related Environmental Values; 10 CSR
40-3.120(1), (6)(A), (6)(B)3, and (7)(C)2, and 40-3.270(1), (6)(A),
(6)(B)3, and (7)(C)2, Surface and Underground Mining Revegetation
Requirements; 10 CSR 40-6.040(3)(B), (11)(B), (C), and (D), and
40-6.110(3)(B), (11) (B), (C), and (D), Surface and Underground Mining
Permit Application Requirements for Environmental Resource Information;
10 CSR 40-6.050(7)(B) and (14)(B), and 40-6.120(8)(B) and (12)(B),
Surface and Underground Mining Permit Application Requirements for
Reclamation and Operations Plans; 10 CSR 40-6.050(7)(C) and
40-6.120(12)(C), Fish and Wildlife Plans; 10 CSR 40-6.070(8)(E),
Review, Public Participation, and Approval of Permit Applications and
Permit Terms and Conditions; and 10 CSR 40-8.040(8) (B) and (C),
Procedures for Informal Assessment Conferences.
(k) With the exceptions of 10 CSR 40-5.010(2)(C), concerning places
listed on the National Register of Historic Places; 10 CSR
40-6.110(11)(A), concerning U.S. Fish and Wildlife Information; and 10
CSR 40-6.120(11)(E), concerning State law limitation in correcting
subsidence related damage; the following provisions of the Missouri
Code of State Regulations (CSR) as submitted to OSM on June 5, 1989, are
approved effective July 6, 1990: 10 CSR 40-6.040(5) (A) and (B)1,
Minimum Requirements for Environmental Resources; 10 CSR 40-6.050
(5)(C) and (9) (A), (B), (C), (D) and (E), Minimum Requirements for
Reclamation and Operations Plan; 10 CSR 40-6.060(4)(A), Requirements
for Permits on Prime Farmland; 10 CSR 40-6.070(12)(D), Permit Terms and
Conditions; 10 CSR 40-6.110(11)(B), Minimum Requirements for
Information on Environmental Resources; 10 CSR 40-6.120 (2)(B)3,
(5)(A), (5)(C), (5)(D), (5)(E), (11)(A) and (14)(C), Minimum
Requirements for Reclamation and Operation Plan; and 10 CSR
40-8.040(8)(K), Penalty Assessment.
(l) With the exception of 10 CSR 40-6.040(11)(E)1., concerning fish
and wildlife resources information, and 10 CSR 40-8.010(1)(A)71.,
concerning the definition of previously mined area, the following
provisions of the Missouri Code of State Regulations (CSR) as submitted
by Missouri on July 21, 1989, are approved effective October 30, 1990:
10 CSR 40-4.080 (1) and (2), previously mined areas; 10 CSR
40-6.040(11)(E) 2. and 3., fish and wildlife resources information; 10
CSR 40-6.050(5)(C), operations plan-maps and plans; 10 CSR 40-6.060(2)
(B) and (C), steep slope mining; 10 CSR 40-6.070(7)(A)3. and 8(M),
review of permit applications; 10 CSR 40-6.120(11), subsidence control
plan; 10 CSR 40-8.010(1) (A)5. and (A)18., definitions; 10 CSR
40-8.045, individual civil penalty assessment to the directors, officers
or agents of a corporation; and 10 CSR 40-060(8)(B), state employees
financial interest.
(m) With the exceptions of 10 CSR 40-3.040(6)(T) and 40-3.200(6)(T),
that are not approved to the extent that Missouri would not require all
impoundments to be examined at least quarterly by a qualified person
designated by the operator for appearance of structural weakness and
other hazardous conditions, and 10 CSR 40-3.040(9)(H) recodified to
(10)(I) and 10 CSR 40-3.200(9)(H) recodified to (10)(I) concerning all
impoundments to be certified as having been constructed and/or
maintained as designed in accordance with the approved plan, the
following provisions of the Missouri Code of State Regulations (CSR) as
submitted to OSM on January 12, 1989, are approved effective January 3,
1991: 10 CSR 40-3.040(1)(B), (3)(G), (4)(B)3, (6)(B), (6)(H), (7)(A),
(7)(B), (10)(A), (10)(E), (10)(G), (10)(J), (13)(A)1, and (13)(B)1.C and
40-3.200(1)(B), (3)(H), (4)(B)3, (6)(B), (6)(H), and (7)(A), (7)(B),
(10)(A), (10)(E), (10)(G), (10)(J), (12)(A)1, and (12)(B)1.C, Surface
and Underground Requirements for Protection of the Hydrologic Balance;
10 CSR 40-3.060(1)(B), (1)(F), (1)(H), and (1)(K) and 40-3.220(1)(B),
(1)(F), (1)(H), and (1)(K), Surface and Underground Requirements for the
Disposal of Excess Spoil; 10 CSR 40-3.080(1)(C), (2)(A), (4)(A),
(4)(D)3, (10)(B), and (11)(D) and 40-3.230(1)(C), (2)(A), (4)(A),
(4)(D)3, (10)(B), and (11)(D), Surface and Underground Requirements for
the Disposal of Coal Processing Waste; 10 CSR 40-3.100(2) Requirements
for the Protection of Fish, Wildlife, and Related Environmental Values
and Protection Against Slides and Other Related Damage; 10 CSR
40-3.110(6), Regrading or Stabilizing Rills and Gullies; 10 CSR
40-3.120(6)(A), (6)(B)2.A, B, C, D, E, F, and (8)(D) and 40-3.270(6)(A),
(6)(B)2.A, B, C, D, E, and F Surface and Underground Revegetation
Requirements; 10 CSR 40-3.280(1)(C), General Requirements for
Subsidence Control; 10 CSR 40-5.010(2)(C), (2)(E), and (3)(B)2,
Prohibitions and Limitations on Mining in Certain Areas; 10 CSR
40-5.020(4)(B)1, (4)(B)2, (4)(B)4, (4)(b)5, (4)(B)6, (4)(C)1, (4)(C)3,
(4)(c)4, and (4)(C)5, State Designation of Areas Unsuitable for Mining;
10 CSR 40-6.060(4)(A)3, Prime Farmland Applicability; and 10 CSR
40-8.010(1)(A)59 and (1)(A)79, Definitions. A decision on the following
provisions, also submitted as part of the January 12, 1989, amendment,
is deferred until future rulemaking (1) 10 CSR 40-7.011, Bond
Requirements; (2) 10 CSR 40-7.021, Duration and Release of Reclamation
Liability; (3) 10 CSR 40-7.031, Permit Suspension or Revocation, Bond
Forfeiture, and Authorization to Expend Reclamation Fund Monies; and
(4) 10 CSR 40-7.041, Form and Administration of the Coal Mine Land
Reclamation (CMLR) Fund.
(n) Portions of the amendments submitted to OSM on July 8, 1988, and
January 12, 1988, are approved effective May 8, 1991. Revisions to the
Revised Statutes of Missouri (RSMo) at section 444.805 (8) and (16),
concerning definitions of full-cost bond and Phase I reclamation bonds;
section 444.950.1, concerning a minimum bond at $10,000 per permitted
operation; section 444.950.3, concerning self-bonding; section
444.960.1, concerning the establishment of a CMLR Fund. Revisions to
the Missouri Code of Regulations (CSR) at 10 CSR 40-7.011(1) (E), (F)
and (G), concerning the definitions of Phase I bond, full-cost bond and
open pit; 10 CSR 40-7.011(4)(E), concerning full-cost bond liability;
10 CSR 40-7.011(4)(F), concerning pit size survey; 10 CSR
40-7.011(5)(A)4, concerning surety financial restrictions; 10 CSR
40-7.011(5)(B) 2 and 4, concerning certificate of deposit amount and
issuing bank insurance; 10 CSR 40-7.011(5)(D), concerning the
self-bonding program; 10 CSR 40-7.021(2)(B)4, concerning criteria and
schedule for Phase II bond release of reclamation liability; 10 CSR
40-7.021(2)(D)(3), concerning release of bond for temporary structures;
10 CSR 40-7.021(3), concerning procedures for obtaining bond release;
10 CSR 40-7.031, concerning permit suspension or revocation, bond
forfeitures and authorization to expend reclamation fund monies; 10 CSR
40-7.041(4)(A)2, concerning exclusion to Fund monies use.
(1) The following portions of the above amendments are approved with
the condition that Missouri provide certain demonstrations: Revisions
of RSMo at section 444.950.2, concerning the operator's bond liability;
section 444.950.4, concerning liability under a Phase I bond; section
444.965.2, concerning initial CMLR Fund assessment rates; section
444.965.4, concerning the CMLR Fund ceiling. Revisions of Missouri
regulations at 10 CSR 40-7.011(2)(C), concerning changes in bond filing
options; 10 CSR 40-7.041 (1)(B) and (1)(B)1, concerning the assessment
rate of payments; and 10 CSR 40-7.041(1)(D), concerning compensative
assessments.
(2) The following portions of the above amendments are not being
approved. Revisions of RSMo at section 444.805(15), concerning the
definition of Phase I bond release; section 444.830.1, concerning bond
filing options; section 444.950.1, concerning fixed rate Phase I
reclamation bond amounts and the open pit bond; section 444.950.3,
concerning approval of an ABS by the State only; section 444.960.5,
concerning use of the 40% and the 60% portion of the CMLR Fund and Fund
B expenditures; section 444.965.1, concerning the bond filing options;
section 444.965.3, concerning the buy-out option; section 444.965.5 and
6, concerning CMLR Fund adjustment and Fund ceiling caps. Revisions of
Missouri's regulations at 10 CSR 40-7.011(1)(C), concerning the
definition of self-bonding; 10 CSR 40-7.011(2)(B), concerning bond
filing options; 10 CSR 40-7.011(4) (A), (B), (C), (D) and (F),
concerning fixed rate bond amounts, open pit bond and full-cost bond
adjustment; 10 CSR 40-7.021(2)(A), concerning Phase I bond release
criteria; 10 CSR 40-7.021(2)(D)1, concerning Phase I bond release and
legal liability impact; 10 CSR 40-7.021(2)(D)2, concerning mandatory
fixed percentage bond release rates; 10 CSR 40-7.041(1)(A), concerning
bond option participation schedules; 10 CSR 40-7.041(1)(B) 3, 4, 5 and
6, concerning the lump sum payment schedule; 10 CSR 40-7.041(1)(C),
concerning Fund balance caps; 10 CSR 40-7.041(1)(E), concerning
reinstatement rates; 10 CSR 40-7.041(2), concerning Fund ceiling
reimbursements; and 10 CSR 40-7.041(4)(A)1, concerning the 40% and 60%
portions of the CMLR Fund.
(3) The decision on the following portions of the above amendment are
being deferred. Revisions of RSMo section 444.805(12) and CSR
40-7.021(2)(A), concerning Phase I bond release drainage control.
(48 FR 1957, Jan. 17, 1983, as amended at 49 FR 19476, May 8, 1984;
52 FR 536, Jan. 7, 1987; 53 FR 5769, Feb. 26, 1988; 53 FR 22478, June
16, 1988; 53 FR 43870, Oct. 31, 1988; 54 FR 50750, Dec. 11, 1989; 55
FR 620, Jan. 8, 1990; 55 FR 22913, June 5, 1990; 55 FR 27816, July 6,
1990; 55 FR 45606, Oct. 30, 1990; 55 FR 46888, Nov. 7, 1990; 56 FR
196, Jan. 3, 1991; 56 FR 21299, May 8, 1991)
30 CFR 925.16 Required program amendments.
Pursuant to 30 CFR 732.17, Missouri is required to make the following
program amendments:
(a) By August 6, 1990, to be consistent with the Federal regulations
at 30 CFR 816.116(a)(1) and 817.116(a)(1), Missouri must amend its
program to include those technical guidance procedures that the State
considers acceptable for use in evaluating revegetation success.
(b) By August 6, 1990:
(1) To be consistent with the Federal regulations at 30 CFR 816.97(b)
and 817.97(b), Missouri must amend its program to prohibit surface
mining activity that is likely to jeopardize the continued existence of
endangered or threatened species listed by the Secretary or that is
likely to result in the destruction or adverse modification of their
designated critical habitats.
(2) To be consistent with the Federal regulations at 30 CFR
780.16(a)(2) and 784.21(a)(2), Missouri must amend its program to
require each permit application to include site-specific resource
information necessary to address the respective species or habitats when
the permit area or adjacent area is likely to include: Listed or
proposed endangered or threatened species of plants or animals or their
critical habitats listed by the Secretary under the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531, et. seq.), or those species or
habitats protected by similar State statutes; habitats of unusually
high value for fish and wildlife such as important streams, wetlands,
riparian areas, cliffs supporting raptors, areas offering special
shelter or protection, migration routes, or reproduction and wintering
areas; or other species or habitats identified through agency
consultation as requiring special protection under State or Federal law.
(3) To be consistent with the Federal regulations at 30 CFR 780.16(b)
and 784.21(b), Missouri must amend its program to require an operator's
fish and wildlife mitigation plan to be based, to the extent possible,
on the best technology currently available.
(4) To be consistent with the Federal regulations at 30 CFR 780.16(b)
and 784.21(b), Missouri must amend its program to: amend the
introductory language of 10 CSR 40-6.050(C) and 40-6.120(C) to indicate
that the informational requirements of the subsection must be included
in the fish and wildlife plan; require a description of the protective
measures that will be used during the active mining phase of operation;
require a description of the enhancement measures that will be used
during the reclamation and postmining phase of operation to develop
aquatic and terrestrial habitat; and require the fish and wildlife
protection and enhancement plan requirements also apply to species or
habitats protected by State laws similar to the Endangered Species Act
of 1973 and to threatened or endangered species or plants or animals
''proposed'' as well as listed under the Endangered Species Act of 1973
or similar State statutes.
(c) By September 4, 1990, Missouri shall amend its program as
follows:
(1) At 10 CSR 40-6.060(4) by adding criteria for permit revision and
renewal, single continuous mining pit, and single continuous surface
coal mining operation to make this regulation no less effective than the
Federal regulations at 30 CFR 716.7(a)(3) and 785.17(a)(4).
(2) At 10 CSR 40-5.010(2)(C) by adding the word ''any'' prior to
''places listed'' to assure the protection of both public and
privately-owned places listed on the National Register of Historic
Places to make this regulation no less effective than the Federal
regulations at 30 CFR 761.11(b).
(3) At 10 CSR 40-6.040(5)(A) by requiring the submittal of areal and
structure geology descriptions and other parameters for the permit and
adjacent areas to make this regulation no less effective than the
Federal regulations at 30 CFR 780.22(b)(1).
(4) At 10 CSR 40-6.110 by adding requirements for underground mining
operations that address general geology description and test boring
requirements to make this regulation no less effective than the Federal
regulations at 30 CFR 784.22 (b)(1) and (b)(2).
(5) At 10 CSR 40-6.050(9)(C)5 and 10 CSR 40-6.120(5)(C)(4) by
requiring that supplemental hydrology information be required to
evaluate the probable hydrologic consequences and to plan remedial
reclamation activities if acid-forming and toxic-forming materials exist
in the permit or adjacent areas to make this regulation no less
effective than the Federal regulations at 30 CFR 780.21(b)(3) and
784.14(b)(3).
(6) At 10 CSR 40-6.110(11)(A) by adding the proper citation or
identification of information to make this regulation made available to
the U.S. Fish and Wildlife Service to make this regulation no less
effective than the Federal regulations at 30 CFR 780.16(c).
(7) At 10 CSR 40-6.040(11) by requiring fish and wildlife information
for surface mining permit applications to make this regulation no less
effective than the Federal regulations at 30 CFR 780.16.
(d) By December 31, 1990, to be consistent with the Federal
regulations at 30 CFR 784.21(a)(2)(i), Missouri must amend its program
at 10 CSR 40-6.040(11)(E)1. to include in its cite of the Endangered
Species Act of 1973 the reference ''as amended (16 U.S.C. 1531 et
seq.).''
(e) By March 4, 1991:
(1) To be consistent with the Federal regulations at 817.97(b),
Missouri must amend its program at 10 CSR 40-3.250 to prohibit surface
mining activity that is likely to jeopardize the continued existence of
endangered or threatened species listed by the Secretary or that is
likely to result in the destruction or adverse modification of their
designated critical habitats.
(f) By March 4, 1991:
(1) To be consistent with the Federal regulations at 30 CFR
816.43(a)(4) and 817.43(a)(4), Missouri must require at 10 CSR
40-3.040(4) and 40-3.200(4) the design and construction of stream
channel diversions be certified as meeting the comparable State
performance standards of Federal regulations at 30 CFR 816.43 and 817.43
and any design criteria set by the regulatory authority.
(2) To be consistent with the Federal regulations at 30 CFR
816.49(a)(11) and 817.49(a)(11), Missouri must require at 10 CSR
40-3.040(6) and 40-3.200(6) that all impoundments be examined at least
quarterly by a qualified person designated by the operator for
appearance of structural weakness and other hazardous conditions.
(3) To be consistent with the Federal regulations at 30 CFR
816.49(a)(10)(i) and 817.49(a)(10)(i), Missouri must require at 10 CSR
40-3.040(10) and 40-3.200(10) that all permanent and temporary
impoundments be inspected in accordance with the comparable State
performance standards of the Federal regulations at 30 CFR
816.49(a)(10)(i) and 817.49(a)(10)(i).
(4) To be consistent with the Federal regulations at 30 CFR
816.49(a)(10)(ii) and 817.49(a)(10)(ii), Missouri must amend its program
at 10 CSR 40-3.040(10) and 40-3.200(10) to require all impoundments be
certified as having been constructed and/or maintained as designed and
in accordance with the approved plan and 10 CSR Division 40.
(5) To be consistent with the Federal regulations at 30 CFR
816.71(e)(5) and 817.71(e)(5), Missouri must require at 10 CSR
40-3.060(1) and 40-3.220(1) that excess spoil that is acid- and
toxic-forming or combustible be adequately covered with nonacid,
nontoxic, and noncombustible material, or treated to control the impact
on surface and ground water in accordance with Federal regulations at 30
CFR 816.41 and 817.41 that require a hydrologic protection plan.
(g) By July 8, 1991, Missouri shall amend its program as follows:
(1) At RSMo 444.830.1; 444.965.1; 10 CSR 40-7.011(2)(B); and 10
CSR 40-7.041(1)(A); demonstrate that the resulting financial aspect of
the proposed optional participation by an applicant of either a
full-cost bond or Phase I bond will ensure that the ABS can meet the
requirements of 30 CFR 800.11(e) or remove this provision.
(2) At RSMo 444.950.1 and 10 CSR 40-7.011(4) (A), (B), (C) and (D) to
ensure that the Phase I reclamation bond amounts will cover the cost of
reclamation and maintain the flexibility of conventional bonds in all
situations and that the open pit minimum bond will be sufficient to
assure the completion of the required reclamation in all cases.
(3) At RSMo 444.950.2, demonstrate that the combination of bond
liability between the operator's Phase I bond and the CMLR Fund bond
will meet the requirements of SMCRA.
(4) At RSMo 444.950.3 and 444.830.3 to require the Secretary of the
Interior's approval before adopting an alternative bonding system or
delete the provision.
(5) At RSMo 444.960.1 to clarify how the CMLR Fund money may be
expended.
(6) At RSMo 444.960.5 and 10 CSR 40-7.041(4)(A)1 to insure that the
40% Fund portion (Fund A) will provide sufficient funding to fully
reclaim those sites forfeited prior to September 1, 1988, and
demonstrate that the 60% Fund portion (Fund B) generation of monies will
be adequate to reclaim all defaulted lands as required by 30 CFR
800.11(e).
(7) At RSMo 444.965.2, .4, .5 and .6 and 10 CSR 40-7.041 (1)(B),
(1)(C), (1)(D), (1)(E) and (2) to assure that the fee assessment
structure of the CMLR Fund will insure that the Fund will operate in a
financially solvent manner as required by 30 CFR 800.11(e).
(8) At RSMo 444.965.3 and 10 CSR 40-7.041(1)(B) 3, 4, 5, and 6;
demonstrate that the buy out option would still allow the ABS to meet
the requirements of 30 CFR 800.11(e)(1) or remove this provision.
(9) At 10 CSR 40-7.011(1)(C) to require both the permittee and
corporate guarantor to execute the indemnity agreement for a self-bond.
(10) At 10 CSR 40-7.011(2)(A), to require that the performance bonds
be conditioned upon the faithful performance of the Act, regulatory
program, permit and reclamation plan.
(11) At 10 CSR 40-7.011(3) to require an operator to identify initial
and successive areas of increments for bonding and specify the bond
amounts for each; prohibit disturbance on succeeding increments,
underground shafts, tunnels, or operations prior to acceptance of bond;
and that the applicant must submit an incremental bonding schedule.
(12) At 10 CSR 40-7.011(4)(F), to require that the commission shall
review the full-cost bond for adjustment, and add regulations that are
no less effective than the requirements of the Federal regulations at 30
CFR 800.15 (b)(1), (b)(2), (c) and (d).
(13) At 10 CSR 40-7.011(5)(A)2 to restrict a surety cancellation to
only those lands not disturbed and then only with prior consent of the
regulatory authority.
(14) At 10 CSR 40-7.011(5)(A)8 to require an operator to begin
reclamation immediately upon the issuance of a C.O. if a surety company
is insolvent and the permittee has not replaced bond coverage within 60
days.
(15) At 10 CSR 40-7.011(5)(B)2 to require that a certificate of
deposit for a self bond be made payable to the regulatory authority
only, or assigned to the regulatory authority in writing and upon
records of the bank.
(16) At 10 CSR 40-7.011(5)(D)(2)C to express the financial ratio
values as actual ratios rather than decimal fractions.
(17) At 10 CSR 40-7.011(5)(D)2.D, to add the requirement that the
accountant's audit or review opinion be prepared using generally
accepted accounting principles.
(18) At 10 CSR 40-7.011(5)(D)5.A, to add the requirements that the
third party non-corporate guarantor also execute the indemnity
agreement; that the applicant and guarantor must both sign the
indemnity agreement; that an affidavit be submitted with the indemnity
agreement attesting to its validity under applicable Federal and State
laws; that the applicant, parent or non-parent corporate guarantor be
required to complete the approved reclamation plan or pay the regulatory
authority to complete the reclamation plan; and that the indemnity
agreement shall operate as a judgment when under forfeiture.
(19) At 10 CSR 40-7.021(2)(B) to require that vegetation be
established in accordance with the approved reclamation plan at the
Phase II level and that prime farmland soil productivity yield levels be
met at the Phase II level of bond release.
(20) At 10 CSR 40-7.021(2)(D)1. to clarify that its Phase I bond
release for an ABS is consistently defined and used through out its
program and to provide a legal opinion of its Phase I reclamation bond
release and bond coverage liability.
(21) At 10 CSR 40-7.021(2)(D)2. to remove mandatory fixed percentage
bond release amounts and provide the flexibility required in the Federal
regulations.
(h) -- (m) (Reserved)
(n) By March 12, 1990, amend its program at:
(1) 10 CSR 40-4.300(4)(B) to add the requirement that placement of
such water bodies must receive the consent of all affected property
owners within the permit area.
(2) 10 CSR 40-6.070(8)(M) to add a required written finding for
permit application approval that the applicant has, if applicable,
satisfied the requirements for approval of a long-term, intensive,
agricultural postmining land use as required by 30 CFR 773.15(c)(9).
(49 FR 19476, May 8, 1984, as amended at 50 FR 47219, Nov. 15, 1985;
52 FR 536, Jan. 7, 1987; 52 FR 43758, 43759, Nov. 16, 1987; 53 FR
5769, Feb. 26, 1988; 53 FR 22478, June 16, 1988; 53 FR 43870, Oct. 31,
1988; 54 FR 50750, Dec. 11, 1989; 55 FR 22913, June 5, 1990; 55 FR
27816, July 6, 1990; 55 FR 45606, Oct. 30, 1990; 56 FR 196, Jan. 3,
1991; 56 FR 11665, Mar. 20, 1991; 56 FR 21299, May 8, 1991)
30 CFR 925.20 Approval of the Missouri Abandoned Mine Land Reclamation
Plan.
The Missouri Abandoned Mine Land Reclamation Plan as submitted on
September 11, 1981, is approved.
(54 FR 10665, Mar. 15, 1989)
30 CFR 925.25 Approval of AML plan amendments.
(a) The Missouri AMLR plan amendment submitted to OSMRE on June 22,
1987, is approved effective June 16, 1988.
(b) The amendment to the plan submitted on August 22, 1988, is
approved effective March 15, 1989.
Copies of the approved amendments are available at the following
locations:
Office of Surface Mining Reclamation and Enforcement, Kansas City
Field Office, 1103 Grand Avenue, Room 502 Kansas City, Missouri 64106
Missouri Department of Natural Resources, Land Reclamation Program,
205 Jefferson Street, P.O. Box 176, Jefferson City, Missouri 65102.
(54 FR 10665, Mar. 15, 1989)
30 CFR 925.25 PART 926 -- MONTANA
Sec.
926.10 State regulatory program approval.
926.15 Approval of amendments to State regulatory program.
926.16 Required program amendments.
926.20 Approval of the Montana abandoned mine reclamation plan.
926.30 State-Federal Cooperative Agreement.
Authority: 30 U.S.C. 1201 et seq.
30 CFR 926.10 State regulatory program approval.
The Montana permanent program submitted on August 3, 1979, as amended
November 13, 1979, January 4, January 9, January 10, January 12, January
13, January 30, February 1, and February 20, 1980, and as further
amended November 3, 1980, and August 26, 1981, is approved effective
upon publication of this notice. Copies of the approved program, as
amended, are available at:
Montana Department of State Lands, 1625 11th Avenue, Capitol Station,
Helena, Montana 59601, Telephone: (406) 449-2074
Montana Department of State Lands, Field Office, 1245 North 29th
Street, Billings, Montana 59101, Telephone: (406) 657-2217
Office of Surface Mining, Room 5315, 1100 ''L'' Street NW.,
Washington, DC 20240, Telephone: (202) 343-4728
(30 U.S.C. 1292(d))
(47 FR 6268, Feb. 11, 1982)
30 CFR 926.15 Approval of amendments to State regulatory program.
Statutory changes adopted during the 1983 Montana legislative session
as listed below are approved effective January 3, 1984.
(a) Section 82-4-237, MCA, amended.
(b) Section 82-4-251(4), MCA, language deleted.
(c) Section 82-4-254, MCA, amended.
(d) The following amendment submitted to OSM on April 2, 1984, is
approved effective January 3, 1985: Montana's regulations governing
service of notices and orders at 26.4.1206 of the Administrative Rules
of Montana (ARM), informal hearings for notices of noncompliance and
cessation orders which cease mining at ARM 26.4.1207, the effect of an
inability to comply with a notice or order at ARM 26.4.1208, the
continuation of reclamation operations and health and safety related
activitities under notices and orders at ARM 26.4.1209, the procedure
for assessment and waiver of civil penalties at ARM 26.4.1211, and a
point system for determining civil penalty amounts and waivers thereof
at ARM 26.4.1212.
(e) The following amendment submitted to OSM on January 3, 1984 and
modified on May 25, 1984, September 20, 1984 and August 16, 1985 is
approved effective (November 18, 1985): Montana rule 26.4.310 requiring
the submission of a blasting plan as part of a person's mine permit
application; Sections 26.4.621 through 26.4.626 of the Montana rules
which identify the requirements governing the use of explosives; and
Sections 26.4.1260 through 26.4.1263 of the Montana rules which address
the Montana blaster training, examination and certification program.
(f) The following amendment as submitted to OSMRE on July 3, 1985, is
approved effective February 14, 1986: Modification to the Montana Strip
and Underground Mine Reclamation Act at the following sections:
82-4-231 concerning submission of and action on reclamation plans;
82-4-232 concerning bond release procedures and 82-4-254 concerning
penalties for violations of the Montana program.
(g) The following amendment to the Montana permanent regulatory
program, as submitted to OSMRE on April 23, 1987, is approved effective
December 31, 1987. Section 82-4-203 MCA, concerning definitions of coal
preparation, coal preparation plant, operation, operator, remaining, the
strip mining; section 82-4-222 MCA, inclusion of records of outstanding
reclamation fees in a permit application; section 82-4-223 MCA, permit
application fee and extension of authority.
(h) With the exception of: rule 26.4.301(82), the definition of
''previously mined area,'' to the extent that the definition interprets
or contemplates the temporal concept of ''previously'' as being any
other date than August 3, 1977, or allows lands which have once been
fully and satisfactorily reclaimed to be mined and then partially
reclaimed; rules 26.4.313(3)(b) and 26.4.515(2), governing alternatives
to highwall reduction; and rules 26.4.519A and 26.4.501(4)(a) to the
extent such provisions incorporate rules 26.4.313(3) (b) or 26.4.515(2),
the following revisions to the subchapters of the Administrative Rules
of Montana (ARM), as submitted December 21, 1988, and as modified and
clarified on April 27 and June 1, 1989, are approved effective May 11,
1990 ARM 26.4 subchapter 3, definitions and strip mine permit
application requirements; ARM 26.4 subchapter 4, mine permit and test
pit prospecting permit procedures; ARM 26.4 subchapter 5, backfilling
and grading requirements; ARM 26.4 subchapter 6, transportation
facilities, explosives and hydrology; ARM 26.4 subchapter 7,
topsoiling, revegetation, and protection of wildlife and air resources;
ARM 26.4 subchapter 8, alluvial valley floors, prime farmlands,
alternate reclamation, and auger mining; ARM 26.4 subchapter 9,
underground coal and uranium mining; ARM 26.4 subchapter 10,
prospecting; ARM 26.4 subchapter 11, bonding, insurance reporting, and
special areas; ARM 26.4 subchapter 12, special departmental procedures;
and ARM 26.4 subchapter 13, miscellaneous provisions.
(i) The following revisions to the Administrative Rules of Montana
(ARM), as submitted June 19, 1990, are approved effective March 20,
1991, ARM 26.4.726, vegetation production, cover, diversity, density,
and utility requirements; ARM 26.4.728, composition of vegetation; ARM
26.4.730, season of use; 26.4.731, analysis for toxicity; ARM
26.4.732, vegetation requirements for previously cropped areas; ARM
26.4.733, measurement standards for trees, shrubs, and half-shrubs; and
ARM 26.4.1301A, modification of existing permits: Issuance of revisions
and permits. The revisions to ARM 26.4.724, use of revegetation
comparison standards, are approved with the condition that, in
accordance with 30 CFR 816.116(a)(1) and 817.116(a)(1), prior to any use
of USDA or USDI technical guides for evaluating revegetation success,
either the USDA or USDI technical guides or the technical criteria that
will be used in selecting them must be submitted to OSM for review and
inclusion in the approved permanent program. The revisions to ARM
26.4.725, period of responsibility, are approved with the condition
that, in accordance with 30 CFR 816.116(c)(4) and 817.116(c)(4), prior
to implementation of any proposed normal husbandry practice, that
practice must be submitted to OSM for review and inclusion in the
approved permanent program.
(49 FR 67, Jan. 3, 1984, as amended at 50 FR 260, Jan. 3, 1985; 50
FR 47388, Nov. 18, 1985; 51 FR 5517, Feb. 14, 1986; 52 FR 49403, Dec.
31, 1988; 55 FR 19736, May 11, 1990; 56 FR 11671, Mar. 20, 1991)
30 CFR 926.16 Required program amendments.
Pursuant to 30 CFR 732.17, Montana is required to submit for OSM's
approval the following proposed program amendments by the dates
specified.
(a) By May 31, 1984, Montana shall submit for OSM's approval --
(1) Rules governing the training, examination and certification of
blasters and
(2) A program to examine and certify all persons who are directly
responsible for the use of explosives in surface coal mining operation.
(b) By July 10, 1990, Montana shall submit a proposed revision to its
rules at ARM 26.4.301(117) to eliminate the phrase ''or for the purpose
of developing a test market'' from the definition of test pit.
(c) By July 10, 1990, Montana shall submit a proposed revision to its
rules at ARM 26.4.404(5)(b) to require that a determination of effects
is completed for all properties listed on or eligible for listing on the
National Register of Historic Properties.
(d) By July 10, 1990, Montana shall submit a proposed revision to its
rules at ARM 26.4.405(6)(1) to correct the cross reference in the rule
to cite rule ARM 26.4.1302, governing the use of existing structures,
rather than the deleted rule ARM 26.4.309.
(Pub. L. 95-87, Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1201 et seq.))
(49 FR 20287, May 14, 1989, as amended at 55 FR 19736, May 11, 1990)
30 CFR 926.20 Approval of Montana abandoned mine land reclamation plan.
The Montana Abandoned Mine Land Reclamation Plan, as submitted on
October 24, 1980, is approved. Amendments to this Plan, as submitted on
April 20, 1983 are also approved. Copies of the approved program, as
amended, are available at:
State of Montana, Department of State Lands, Reclamation Division,
1625 Eleventh Avenue, Helena, Montana 59620
Office of Surface Mining Reclamation and Enforcement, P.O. Box 1420,
935 Pendell Blvd., Mills, Wyoming 82644
Office of Surface Mining Reclamation and Enforcement, Administrative
Record -- Rm. 5315, 1100 ''L'' Street, NW., Washington, D.C. 20240
(Pub. L. 95-87, 30 U.S.C. 1201 et seq.)
(48 FR 37384, Aug. 18, 1983)
30 CFR 926.30 State-Federal cooperative agreement.
30 CFR 926.30 Cooperative Agreement
The State of Montana and the Department of the Interior enter into a
State/Federal Cooperative Agreement to read as follows:
This is a Cooperative Agreement between the State of Montana, acting
by and through the Governor (referred to as the ''Governor'') and the
United States Department of the Interior, acting by and through the
Secretary of the Interior (referred to as the ''Secretary'').
A. This Agreement is authorized by section 523(c) of the Surface
Mining Control and Reclamation Act (Federal Act), Pub. L. 95-87, 30
U.S.C. 1273(c), which allows a State with a permanent regulatory program
approved under 30 U.S.C. 1253, to elect to enter into an agreement for
the regulation and control of surface coal mining on Federal lands, and
by the Montana Strip and Underground Mine Reclamation Act, Part 2,
Chapter 4, Title 82, Montana Code Annotated (hereinafter ''State Act'').
This agreement provides for State regulations of surface coal mining
and reclamation operations on Federal lands consistent with the State
and Federal Acts and the Federal lands program.
B. The purpose of the Agreement is to (1) foster State-Federal
cooperation in the regulation of surface coal mining and reclamation
operations; (2) eliminate unnecessary intergovernmental overlap and
duplication; and (3) provide effective regulation of surface coal
mining operations on Federal lands and uniform regulation on all
non-Indian lands.
This Cooperative Agreement is effective following signing by the
Secretary and the Governor and upon final publication as rulemaking in
the Federal Register. 1 This Agreement shall remain in effect until
terminated as provided in Article X.
This Agreement makes the laws, regulations, terms and conditions of
Montana's permanent State program conditionally approved effective April
1, 1980, as amended, 30 CFR part 926 (State program) for the
administration of the Federal Act, applicable to Federal lands within
Montana except as otherwise stated in this Agreement, the Federal Act,
30 CFR 745.13, or other applicable laws.
The Governor and the Secretary affirm that they will comply with all
of the provisions of this Agreement and will continue to meet all
conditions and requirements specified in this Article.
A. Responsible Administrative Agency. The Montana Department of
State Lands (State Lands) is, and shall continue to be, the sole agency
responsible for administering this Agreement on behalf of the Governor
on Federal lands throughout the State. The Office of Surface Mining
Reclamation and Enforcement (OSM) shall administer this Agreement on
behalf of the Secretary, in accordance with the Regulations in 30 CFR
Chapter VII.
B. Authority of State Agency. State Lands has and shall continue to
have authority under State law to carry out this Agreement.
C. Funds. The State will devote adequate funds to the administration
and enforcement on Federal lands in Montana of the requirements
contained in the State program. If the State complies with the terms of
this Agreement, and if necessary funds have been appropriated, OSM shall
reimburse the State as provided in section 705(c) of the Federal Act and
30 CFR 735.16 for costs associated with carrying out responsibilities
under this Agreement.
D. Reports and Records. State Lands shall make reports to the OSM
Regional Director, Region V (Regional Director), containing information
respecting its compliance with the terms of this Agreement as the
Regional Director shall from time to time require pursuant to 30 CFR
745.12(c). State lands and the Secretary shall exchange, upon request,
information developed under this Agreement. The Secretary shall provide
State Lands with a copy of any approved evaluation report prepared
concerning State administration and enforcement of this Agreement.
E. Personnel. State Lands shall have the necessary personnel to fully
implement this Agreement in accordance with the provisions of the
Federal and State Acts and the State Program.
F. Equipment and Laboratories. State Lands shall have access to
equipment, laboratories, and facilities with which all inspections,
investigations, studies, tests, and analyses can be performed and which
are necessary to carry out the requirements of this Agreement.
G. Permit Application Fees. The amount of the fee accompanying an
application for a permit shall be determined in accordance with Section
82-4-223(1) MCA. All permit fees shall be retained by the State and
deposited in the General Fund. The Financial Status Report submitted
pursuant to 30 CFR 725.23 shall include a report of the amount of permit
application fees collected and attributable to Federal lands during the
prior Federal fiscal year. This amount shall be deducted from the
reimbursement to the State provided for in section 705(c) of the Federal
Act, 30 CFR 735.16 and paragraph IV C of this Agreement.
A. Contents of Mining Plans and Permits. The Governor and the
Secretary agree and hereby require that an operator on Federal lands
shall submit an identical mining and reclamation plan and permit
application or an application for a major modification to an approved
mining plan and permit in an appropriate number of copies to State Lands
and the Regional Director. The plan and permit application shall be in
the form required by State Lands and include any supplemental forms
required by the Secretary. The plan and application shall include the
information required by, or necessary for, State Lands and the Secretary
to make a determination of compliance with:
(1) Section 82-4-222 MCA;
(2) Title 26, Chapter 4, Subchapter 3, Administrative Rules of
Montana;
(3) Applicable terms and conditions of the Federal coal lease;
(4) Applicable requirements of other Federal laws and regulations and
the State Program.
A permit applicant on Federal lands in Montana shall satisfy the
requirements of 30 CFR 741.12(b)(1) and 30 CFR 741.13(c) by submitting
the information required by Montana.
B. Mine Plan Review Procedures. 1. State Lands shall assume primary
responsibility for the analysis and review of applications required by
30 CFR 741.13 for surface coal mining reclamation permits on Federal
lands in Montana. The Secretary shall, as requested, assist the State
through the Regional Director in this analysis and review. The
Secretary shall, in addition, evaluate the State's analysis and
conclusions as necessary to independently determine whether the
Secretary concurs in the State's decision.
2. State Lands will be the primary point of contact for operators
regarding the processing of mining plans and permit applications. State
Lands will be responsible for informing the applicant of all joint
State-Federal determinations. State Lands shall send a copy of all
correspondence with the applicant and any information received from the
applicant which may have a bearing on decisions regarding the mine plan
and permit application to the Regional Director. Except in exigent
circumstances, OSM will not independently initiate contacts with
applicants regarding completeness or deficiencies of plans and
applications with respect to matters which are properly within the
jurisdiction of State Lands. The Secretary reserves the right to act
independently of the State to carry out his responsibilities under laws
other than the Federal Act and in instances of disagreement under the
Federal Act. A copy of all independent correspondence with the
applicant that may have a bearing on decisions regarding the mining plan
and permit application shall be sent to the State.
3. The Regional Director is responsible to ensure that any
information OSM receives concerning the application is sent to State
Lands. The Regional Director and State Lands shall regularly coordinate
with each other during the permit review process as needed.
4. The Regional Director shall be responsible for obtaining, on a
timely basis, the views of all Federal agencies with jurisdiction or
responsibility over a mine plan and permit application on Federal lands
in Montana and for making these views known to State Lands. State Lands
shall keep the Regional Director informed of findings during the review
which bear on the responsibilities of other Federal agencies. The
Regional Director shall take appropriate steps to facilitate discussions
between State Lands and the concerned agencies wherever desirable to
resolve issues or problems identified in the review.
5. Upon receipt of a mining plan and permit application, the Regional
Director shall begin a review of apparent completeness of the
application. The Regional Director shall identify a person as the OSM
application manager. The OSM application manager shall serve as the
primary point of contact between OSM and State Lands throughout the
review process and shall be responsible for identifying areas of
avoidable duplication of review and analysis, which shall be eliminated
by the Regional Director. Not later than 90 days after an application
has been received, OSM and State Lands shall meet to discuss the
application and agree upon a work plan and schedule for the review of
the application. The Regional Director shall also inform State Lands of
any specific or general areas of concern which require special handling
or analysis. State Lands shall inform the Regional Director where OSM
assistance will be needed to perform any specific or general analysis or
prepare any studies or similar work.
6. Compliance with Montana ARM 26.4.401 through .411 replaces the
requirements of 30 CFR 741.18 except that all public meetings and
hearings during the period prior to the initial permit decision shall be
announced and conducted jointly.
7. Except as otherwise agreed for a specific mine plan and permit
application, all environmental assessments and analyses to comply with
NEPA and MEPA shall be conducted as authorized by 40 CFR 1506.2. To the
extent allowed by Federal law and regulation, State Lands and OSM will
cooperate to the fullest extent possible so that one Environmental
Impact Statement and/or Environmental Assessment will be produced to
comply with MEPA and NEPA for a proposed mining and reclamation plan.
Such document will be prepared by State Lands if the Secretary provides
the State with any necessary funding to complete the statement. The
Secretary shall independently evaluate and approve the final document.
8. Unless the work plan provides otherwise, State Lands shall prepare
a technical analysis, environmental analysis, and proposed written
decision on the mining plan and permit application. Copies of drafts of
these documents shall be sent to the Regional Director for his review
and comment. The Regional Director shall independently evaluate the
documents and inform State Lands within 30 days, unless a later date is
mutually agreed upon, of any changes that should be made. State Lands
shall consider the comments of the Regional Director and send a final
technical analysis, environmental analysis, and proposed decision to the
Regional Director for his written concurrence. The Regional Director
shall have 30 days to act after receipt of State Lands' final technical
analysis, environmental analysis, and proposed decision. If no further
changes are required, the Regional Director shall proceed in accordance
with 30 CFR 741.21 and inform State Lands of his action. In the event
State Lands and the Regional Director cannot agree to the final actions
to be taken by State Lands and the Department on the mining plan and
permit application, the matter shall be referred to the Governor and
Secretary for resolution.
9. Nothing in this agreement shall be construed to limit the
Secretary's authority in 30 CFR 741.16, .17, and .21.
A. State Lands shall conduct inspections on Federal lands and prepare
and file inspection reports in accordance with the approved State
Program.
B. State Lands shall, within 15 days of conducting any inspection on
Federal lands, file with the Regional Director an inspection report
describing (1) the general conditions of the lands under the lease,
permit, or license; (2) the manner in which the operations are being
conducted; and (3) whether the operator is complying with applicable
performance and reclamation requirements.
C. State Lands will be the point of contact and sole inspection
authority in dealing with the operator concerning operations and
compliance with requirements covered by this Agreement, except as
described in this Agreement and in the Secretary's regulations. Nothing
in this Agreement shall prevent inspections by authorized Federal or
State agencies for purposes other than those covered by this Agreement.
D. The Department may conduct any inspections necessary to comply
with 30 CFR part 842 and its obligation under laws other than the Act.
E. The Regional Director shall give State Lands reasonable notice of
his intent to conduct an inspection in order to provide State inspectors
with an opportunity to join in the inspection. When Interior is
responding to a citizen complaint of an imminent environmental danger or
a threat to human health, pursuant to 30 CFR 842.11(b)(1)(ii)(C), it
will contact the State no less than 24 hours prior to the Federal
inspection, if practicable, to facilitate a joint Federal/State
inspection. The Secretary reserves the right to conduct inspections
without prior notice to State Lands if necessary to carry out his
responsibilities under the Federal Act.
F. Personnel of the State and Interior shall be mutually available to
serve as witnesses in enforcement actions taken by either party.
A. State Lands shall take enforcement action on Federal lands in
accordance with the State program and this Agreement.
B. During any joint inspection by Interior and State Lands, State
Lands shall take enforcement action, including issuance of orders of
cessation and notices of violation. Interior and State Lands shall
consult prior to issuance of any decision to suspend or revoke a permit.
C. State Lands and OSM shall promptly notify each other of all
violations of applicable laws, regulations, orders, approved mining and
reclamation plans and permits subject to this Agreement and of all
actions taken with respect to such violations.
D. This Agreement does not limit the Secretary's authority to enforce
violations of Federal law or conditions of a permit.
A. State Lands and the Regional Director shall require all operators
on Federal lands to submit a single bond to cover the operator's
responsibilities under the Federal Act and the State Program, payable to
both the United States and State Lands. The bond shall be of sufficient
amount to comply with the requirements of both State and Federal law,
and release of the bond shall be conditioned upon compliance with all
applicable requirements.
B. Prior to releasing the operator from an obligation required under
the State Program under the bond for any Federal lands, State Lands
shall obtain the consent of the Regional Director. State Lands shall
also advise the Regional Director of adjustments to the bond.
A. State Lands and the Regional Director shall cooperate with each
other in the review and processing of petitions to designate lands as
unsuitable for surface coal mining operations. When either agency
receives a petition that could impact adjacent Federal or non-Federal
lands, respectively, the agency shall (1) notify the other of its
receipt and of the anticipated schedule for reaching a decision; and
(2) request and fully consider data, information and views of the other.
B. The authority to designate Federal lands as unsuitable for mining
is reserved to the Secretary or his designated representative.
Petitions for designation shall be filed with the Regional Director and
processed in accordance with 30 CFR part 769.
This Agreement may be terminated by the State or the Secretary under
the provisions of 30 CFR 745.15.
If this Agreement has been terminated in whole or part, it may be
reinstated under the provisions of 30 CFR 745.16.
This Agreement may be amended by mutual agreement of Governor and
Secretary in accordance with 30 CFR 745.14.
A. Interior or the State may from time to time revise and promulgate
new or revised performance or reclamation requirements or enforcement
and administrative procedures. Interior and the State shall immediately
inform each other of any proposed or final changes in their respective
laws or regulations as provided in 30 CFR 732.17. Each party shall, if
it determines it to be necessary to keep this Agreement in force, change
or revise its respective laws or regulations. For changes which may be
accomplished by rulemaking, each party shall have six months in which to
make such changes, unless mutually extended. For changes which require
legislative authorization, the State shall have until the close of its
next regular legislative session in which to make the changes.
B. The State and Interior shall provide each other with copies of any
changes to their respective laws, rules, regulations, and standards
pertaining to the enforcement and administration of this Agreement.
The State and Interior shall, consistent with 30 CFR part 745, advise
each other of changes in the organization, structure, functions, duties
and funds of the offices, departments, divisions and persons within
their organizations which could affect administration and enforcement of
this Agreement. Each shall promptly advise the other in writing of
changes in key personnel, including the heads of a department or
division, or changes in the functions or duties of persons occupying the
principal offices within the structure of the program. The State and
Interior shall advise each other in writing of changes in the location
of offices, addresses, telephone number, and changes in the names,
location, and telephone numbers of their respective mine inspectors and
the area within the State for which such inspectors are responsible.
In accordance with 30 CFR 745.13, this Agreement shall not be
construed as waiving or preventing the assertion of any rights that have
not been expressly addressed in this Agreement that the State or the
Secretary may have under other laws and regulations, including the
Mineral Leasing Act, as amended, the Mineral Leasing Act for Acquired
Lands, the Stockraising Homestead Act, the Surface Mining Control and
Reclamation Act of 1977, the Federal Land Policy Management Act, the
Constitution of the United States, the Constitution of the State, or
State laws.
Terms and phrases used in this Agreement which are defined in 30 CFR
parts 700 and 701 shall be given the meanings set forth in said
definitions.
Dated: February 6, 1981.
Ted Schwinden,
Governor of Montana.
Dated: January 19, 1981.
James A. Joseph,
Secretary of the Interior.
(Pub. L. 95-87, sec. 523(c), (30 U.S.C. 1273(c)))
(46 FR 20993, Apr. 8, 1981)
1See explanation of Article II at 46 FR 20983, Apr. 8, 1981.
30 CFR 926.30 PART 931 -- NEW MEXICO
Sec.
931.1 Scope.
931.10 State Regulatory program approval.
931.11 Conditions of the State program approval.
931.13 Preemption of New Mexico laws and regulations.
931.15 Approval of amendments to State regulatory program.
931.16 Required program amendments.
931.20 Approval of the New Mexico abandoned mine reclamation plan.
931.30 State-Federal cooperative agreement.
Authority: 30 U.S.C. 1201 et seq.
Source: 45 FR 86489, Dec. 31, 1980, unless otherwise noted.
30 CFR 931.1 Scope.
This part contains all rules applicable only within New Mexico that
have been adopted under the Surface Mining Control and Reclamation Act
of 1977.
30 CFR 931.10 State Regulatory program approval.
The New Mexico State Program as submitted on February 28, 1980, and
amended and clarified on June 11, 1980, August 7, 1980, and September
10, 1980, was conditionally approved, effective December 31, 1980.
Copies of the approved program together with copies of the letter of the
New Mexico Energy and Minerals Department, Division of Mining and
Minerals, agreeing to the conditions in 30 CFR 931.11 are available at:
(a) Energy and Minerals Department, Mining and Minerals Division,
2040 South Pacheco St., Santa Fe, NM 87505.
(b) Office of Surface Mining Reclamation and Enforcement, 625 Silver
Ave., SW., Suite 310, Albuquerque, NM 87102.
(47 FR 47380, Oct. 26, 1982, as amended at 55 FR 17607, Apr. 26,
1990)
30 CFR 931.11 Conditions of the State program approval.
The approval of the State program is subject to the following
conditions:
(a) -- (d) (Reserved)
(e) The approval found in 931.10 will terminate on March 15, 1983,
unless New Mexico submits to the Secretary by that date copies of fully
implemented regulations containing provisions which are the same or
similar to those in 43 CFR 4.1290 -- 4.1296, relating to the award of
costs, including attorney's fees, in administrative proceedings, or
otherwise amends its program to accomplish the same result.
(f) -- (j) (Reserved)
(45 FR 86489, Dec. 31, 1980, as amended at 47 FR 23153, 23155, May
27, 1982; 47 FR 47380, Oct. 26, 1982; 48 FR 28088, June 20, 1983; 49
FR 30691, Aug. 1, 1984)
30 CFR 931.13 Preemption of New Mexico laws and regulations.
Under the authority of sections 505(b) of SMCRA, 30 U.S.C. 1255(b),
and in accordance with the position taken by the State of New Mexico,
the following provisions of New Mexico law and regulation are hereby
preempted and superseded as they may apply to coal exploration and
surface coal mining and reclamation operations:
The State Wildlife Conservation Act (17-2-37 to 17-2-46 NMSA 1978) to
the extent it is inconsistent with provisions of SMCRA related to the
Endangered Species Act of 1973 (16 USC 1531 et seq.).
30 CFR 931.15 Approval of amendments to State regulatory program.
(a) The following amendment was approved effective May 27, 1982:
Procedures for Posting and Publishing Notices of Show Cause Orders
dated February 19, 1982.
(b) The following amendments are approved effective October 26, 1982.
(1) New Mexico revised regulation 20-71(i) adopted July 9, 1982.
(2) New Mexico revised regulation 19-15(d) adopted July 9, 1982.
(3) New Mexico revised regulation 20-102(a) adopted July 9, 1982.
(4) New Mexico revised regulatory definition of ''Unconsolidated
Streamlaid Deposits Holding Streams'' adopted July 9, 1982.
(5) New Mexico revised regulation 29-12(b) adopted July 9, 1982.
(c) The following amendments are approved effective August 1, 1984:
Revisions to the New Mexico Surface Coal Mining Regulations submitted
February 8, 1984: repealing Parts 14, 15, 16, 17 and 18 of Chapter J
Bond and Insurance Requirements; withdrawing certain related
definitions in Part 1 of Chapter A of Rule 80-1; adding certain other
related definitions to Part 1 of Chapter A; adding a new Chapter J Bond
and Insurance Requirements to Rule 80-1 consisting of Part 14, with the
exception of the phrase ''or a separate guarantor'' which appears in new
Chapter J of 80-1 at sections 14-23(a) and 14-23(b); and, amending the
index to Rule 80-1 to reflect the contents of Chapter J.
(d) The following amendment is approved effective January 4, 1985:
New Mexico's revised definition of ''road'' as contained in New Mexico
Coal Surface Mining Commission (CSMC) Rule 80-1-1-5, the general road
requirements at CSMC 80-1-20-150, the primary road requirements at CSMC
80-1-20-151, and the revised Table of Contents reflecting these changes,
all as submitted on June 6, 1984, and corrected on October 1, 1984.
(e) The following amendments are approved effective January 31, 1985:
New Mexico Coal Surface Mining Commission rules 80-1-1-11, 80-1-11-30
and 80-1-20-103, as submitted on June 20 and July 18, 1984.
(f) The following amendments submitted to OSMRE on August 12, 1987
are approved, effective upon promulgation of the revised rules by the
State, provided the rules are adopted in identical form as submitted to
OSMRE: New Mexico Coal Surface Mining Commission (CSMC) rules
80-1-30-12(c) through (1).
(g) The following amendment submitted on Sertember 1, 1988 is
approved effective January 30, 1989 provided New Mexico adopts the
regulation in a form identical to that submitted to OSMRE: Addition of
New Mexico Coal Surface Mining (CSMC) Rule 80-2-22-29(p), to require a
finding for permit approval regarding historic and cultural resources.
(h) The following amendment is approved effective March 9, 1989.
Revisions to or addition of the following portions of New Mexico Coal
Surface Mining Commission (CSMC) Rule 80-1, as submitted on June 17,
1987, and clarified and modified on February 18, 1988, and August 10,
1988, provided New Mexico promulgates these rules in a form identical to
that in which they were reviewed by OSMRE:
Section 5-25 Permit Fees.
Section 5-26 Annual Reports.
Section 8-11 General Requirements for Permit Applications.
Section 9-18 General Requirements for Reclamation Plan.
Section 11-27 Permit Conditions.
Section 20-89 Disposal of Noncoal Waste.
Section 20-102 Cut-and-Fill Terraces.
Section 20-103 Covering Coal and Acid and Toxic-Forming Materials.
Section 20-106 Regrading and Stabilizing Rills and Gullies.
Section 20-181 Support Facilities and Utility Installations.
Section 29-11 Inspections.
Part 33 Training, Examination, and Certification of Blasters.
(i) The following amendment is approved effective March 17, 1989:
Revisions to the New Mexico Surface Coal Mining Commission (CSMC) Rules
80-1-20-71(b), 80-1-20-81, 80-1-20-83(b), 80-1-20-85, and 80-1-20-92(b),
concerning coal mine waste, as submitted on April 18, 1988, and October
20, 1988.
(j) The following amendment is approved effective December 26, 1989:
Revision to the New Mexico Surface Coal Mining Commission (CSMC) Rules
80-1-20-41(d)(1) and 80-1-20-42(a)(1), pertaining to protection of the
hydrologic balance, submitted on February 21, 1989, and August 17, 1989.
(k) The following amendment, as submitted on March 29 and April 26,
1989, and as revised on October 23, 1989, is approved effective April
26, 1990. Revisions to the New Mexico Surface Coal Mining Commission
(CSMC) Rules pertaining to water control measures for coal processing
waste banks at CSMC Rule 80-1-20-83(b), disposal of noncoal wastes at
CSMC Rule 80-1-20-89(d)(2), covering of coal and acid- and toxic-forming
materials by backfilling and grading operations at CSMC Rule
80-1-20-103(a)(1), inspections at CSMC Rule 80-1-29-11(a), definition of
''blaster'' at CSMC Rule 80-1-33-11, and training, examination, and
certification of blasters at CSMC Rules 80-l-33-14 and 80-1-33-15(e)(1).
(l) The following amendment, as submitted on May 25, 1989 and as
revised on February 19, May 29, and July 12, 1990, is approved effective
November 23, 1990; Revisions to the New Mexico Coal Surface Mining
Commission (CSMC) rules pertaining to the definition of ''affected
area'' at CSMC Rule 80-1-1-5 as augmented by a July 12, 1990, policy
statement; the definition of ''self-bond'' at CSMC Rule 80-1-1-5; fish
and wildlife at CSMC Rules 80-1-8-20 and 80-1-9-16 as augmented by a
December 22, 1988, policy statement; self-bonding at CSMC Rule
80-1-14-23(d)(2); release of performance bonds at CSMC Rule
80-1-14-40(a)(2); fish and wildlife at CSMC Rules 80-1-20-97 (b) and
(c); and individual civil penalties at CSMC Rules 80-1-31-21 through
80-1-31-24.
(m) With the exception of the phrase ''unless the Director approves
the removal under section 20-41(e)'' at CSMC Rule 80-1-20-46(a)(6), the
revisions to the following sections of New Mexico's permanent regulatory
program rules, submitted on July 12, 1989 and as revised on February 19,
1990, are approved effective February 26, 1991: Revisions to the New
Mexico Coal Surface Mining Commission (CSMC) rules pertaining to the
definition of ''other treatment facilities'' at CSMC Rule 80-1-1-5,
general requirements for hydrologic balance at CSMC Rule 80-1-20-41(f),
sedimentation ponds as they relate to the hydrologic balance at CSMC
Rules 80-1-20-46, and permanent and temporary impoundments as they
relate to the hydrologic balance at CSMC Rules 80-1-20-49.
(n) The following amendment, as submitted on April 24, 1990 and as
revised on October 18, 1990, is approved effective June 21, 1991:
Revisions to the New Mexico Coal Surface Mining Commission (CSMC) rules
pertaining to water quality standards and effluent limitations at CSMC
Rule 80-1-20-42(a)(8); and postmining land use at CSMC Rule
80-1-20-133(c).
(o) The following amendment, as submitted on March 15, 1990, and as
revised on July 11, 1990, and August 23, 1990, is approved effective
December 31, 1991. Revisions to:
CSMC Rule 80-1-1-5, definitions of ''cumulative impact area,''
''previously mined area,'' ''excess spoil,'' ''impoundment,'' ''coal
processing waste,'' and ''coal processing waste bank.''
CSMC Rule 80-1-2-11(f), areas where mining is prohibited or limited.
CSMC Rule 80-1-2-12(b)(2), areas designated as unsuitable for mining.
CSMC Rule 80-1-4-15(b), receipt of lands unsuitable petitions.
CSMC Rule 80-1-6-10, general requirements for coal exploration.
CSMC Rule 80-1-6-11(b)(5), coal exploration of less than 250 tons.
CSMC Rule 80-1-6-12(b)(7) and 80-1-6-13(d), coal exploration of more
than 250 tons.
CSMC Rule 80-1-6-13(d), application for approval or disapproval of
exploration of more than 250 tons.
CSMC Rule 80-1-8-14(b)(1)(vi), geology description.
CSMC Rules 80-1-8-15(c) and 80-1-8-16(b)(3), 80-1-9-21(b), (c), and
(d), surface and ground-water information (reclamation plan and
monitoring plan).
CSMC Rule 80-1-8-24, permit application maps.
CSMC Rule 80-1-8-27(a), prime farmland investigations.
CSMC Rule 80-1-9-13(f), blasting operations plan.
CSMC Rule 80-1-9-14(c), operation plans.
CSMC Rules 80-1-10-13 and 13 (a) and (c), experimental mining
practices.
CSMC Rule 80-1-10-13(e), mining permit requirements for experimental
practices.
CSMC Rule 80-1-10-17(a)(1)(i), application contents for prime
farmlands.
CSMC Rules 80-1-10-17(a)(6), 80-1-24-11(c), and 80-1-24-15(c)(3),
prime farmlands.
CSMC Rule 80-1-11-11(a)(3), public notices of filing of permit
applications.
CSMC Rules 80-1-11-15 (a) and (b), permitting.
CSMC Rule 80-1-11-19(c), criteria for permit approval or denial.
CSMC Rule 80-1-11-27(e), conditions of permits.
CSMC Rule 80-1-13-11(a), director's review of outstanding
experimental practice mining permits.
CSMC Rules 80-1-13-12 (c) and (d), permit revisions.
CSMC Rules 80-1-13-18(c)(3), (d), and (e), notification of transfer,
assignment, or sale of permit rights.
CSMC Rule 80-1-20-11(f), signs and markers.
CSMC Rule 80-1-20-41(a), general requirements for hydrologic balance.
CSMC Rules 80-1-20-43(a), and 44 (a) and (c), diversions.
CSMC Rules 80-1-20-52 (a) and (b), hydrology.
CSMC Rules 80-1-20-57(a) (1) and (2), stream buffer zones.
CSMC Rules 80-1-20-61 through 68, use of explosives.
CSMC Rules 80-1-20-71 (f), (j), and (k), disposal of excess spoil.
CSMC Rule 80-1-20-82(a), coal processing waste banks.
CSMC Rule 80-1-20-91(c), coal processing waste dams and embankments.
CSMC Rule 80-1-20-97(d)(10), protection of fish, wildlife, and
related environmental values.
CSMC Rules 80-1-20-102 (a), (f), and (g), backfilling and grading of
previously mined areas.
CSMC Rules 80-1-20-102(a) (3), (4), and (5), backfilling and grading.
CSMC Rules 80-1-20-111(c) and 112 (c) and (d), revegetation.
CSMC Rule 80-1-24-12(a)(1), soil removal on prime farmlands.
CSMC Rules 80-1-24-15(c) (2), (3), (4), (5), and (6), prime
farmlands.
CSMC Rule 80-1-26-12(c), steep slope mining.
CSMC Rule 80-1-30-13(d), permit suspension or revocation.
CSMC Rules 80-1-31-17(b)(1) and 80-1-31-18(b)(1), procedures for
civil penalty assessments and assessment conferences.
Policy statement for records retention, dated July 11, 1990, as it
relates to CSMC Rule 80-1-29-16(a).
(p) The following amendment, as submitted by New Mexico on July 9,
1991, and as revised it on October 3, 1991, is approved effective April
13, 1992: Revisions to the New Mexico Coal Surface Mining Commission
(CSMC) rules pertaining to water quality standards and effluent
limitations for surface and underground mining activities at CSMC Rules
80-1-20-42(a)(4)(ii) and (a)(8).
(q) The revisions to the following New Mexico Coal Surface Mining
Commission (CSMC) rules, as submitted on November 22, 1991, are approved
effective June 23, 1992:
Diversion channel design for valley fills -- 80-1-20-72(d).
Surface drainage control for coal processing waste banks --
80-1-20-83(b).
(47 FR 47380, Oct. 26, 1982, as amended at 49 FR 30691, Aug. 1, 1984;
50 FR 458, Jan. 4, 1985; 50 FR 4508, Jan. 31, 1985; 53 FR 4014, Feb.
11, 1988; 54 FR 4276, Jan. 30, 1989; 54 FR 9983, Mar. 9, 1989; 54 FR
11185, Mar. 17, 1989; 54 FR 52938, Dec. 26, 1989; 55 FR 17607, Apr.
26, 1990; 55 FR 48841, Nov. 23, 1990; 56 FR 7810, Feb. 26, 1991; 56
FR 28486, June 21, 1991; 56 FR 67526, Dec. 31, 1991; 57 FR 12723, Apr.
13, 1992; 57 FR 27934, June 23, 1992)
30 CFR 931.16 Required program amendments.
Pursuant to 30 CFR 732.17, New Mexico is required to submit for OSM's
approval the following proposed program amendments by the dates
specified.
(a) By December 24, 1990, in the Federal Register, New Mexico shall
submit for OSM approval a program amendment to require protection of
threatened or endangered species from underground mining activities.
(b) (Reserved)
(c) By March 2, 1992, New Mexico shall submit for OSM approval a
program amendment for CSMC Rule 80-1-4-15(b)(1) requiring publication in
the New Mexico State register of a public notice of receipt of a
petition to designate lands unsuitable for mining.
(55 FR 48841, Nov. 23, 1990, as amended at 56 FR 28486, June 21,
1991; 56 FR 67527, Dec. 31, 1991; 57 FR 12723, Apr. 13, 1992)
30 CFR 931.20 Approval of the New Mexico Abandoned Mine Reclamation
Plan.
The New Mexico Abandoned Mine Reclamation Plan as submitted on
September 29, 1980, and amended February 4, 1981, is approved. Copies
of the approved program are available at the following locations:
Office of Surface Mining Reclamation and Enforcement, Region V,
Brooks Towers, 1020 15th Street, Denver, Colorado 80202;
New Mexico Department of Energy and Minerals, Mining and Minerals
Division, 1222 Luisa Street, Santa Fe, New Mexico 87501;
Office of Surface Mining Reclamation and Enforcement, Room 153, 1951
Constitution Avenue NW., Washington, DC 20240.
(46 FR 31641, June 17, 1981)
30 CFR 931.30 State-Federal cooperative agreement.
The State of New Mexico (State) acting through the Governor and the
Department of the Interior (Department) acting through the Secretary
enter into a Cooperative Agreement (Agreement) to read as follows:
1. This Agreement is authorized by section 523(c) of the Surface
Mining Control and Reclamation Act (Federal Act), 30 U.S.C. 1273(c),
which allows a State with a permanent regulatory program approved under
30 U.S.C. 1253 to elect to enter into an agreement with the Secretary
for the regulation and control of surface coal mining and reclamation
operations on Federal lands and by section 69-25A-27 NMSA 1978 of the
Surface Mining Act (State Act).
The Agreement provides for State regulation of surface coal mining
and reclamation operations on Federal lands within the State consistent
with the State and Federal Acts, the State program (Program) (30 CFR
part 931) and the Federal Lands Program (30 CFR parts 740-745). The
term ''Federal lands'' is defined in the Federal Act and State and
Federal regulations.
2. The purpose of this Agreement is to (a) foster State-Federal
cooperation in the regulation of surface coal mining and reclamation
operations; (b) eliminate intergovernmental overlap and duplication;
and (c) provide uniformity by effective application of the State program
to Federal lands in New Mexico.
3. This Cooperative Agreement is effective following signing by the
Secretary and the Governor, and upon publication as a final rule in the
Federal Register. This Agreement shall remain in effect until
terminated as provided in Article XII.
4. This Agreement makes the laws, regulations, terms and conditions
of the Program conditionally approved effective December 31, 1980 (30
CFR part 931), or as hereinafter amended in accordance with 30 CFR
732.17, applicable to Federal lands within the State except as otherwise
stated in this Agreement, the Federal Act, 30 CFR part 745 or other
applicable Federal laws. Orders and decisions issued in accordance with
the Program by the Mining and Minerals Division (Mining and Minerals) of
the New Mexico Energy and Minerals Department that are appealable shall
be appealed to the State reviewing authority. Orders and decisions
issued by the Department that are appealable shall be appealed to the
Department of the Interior's Office of Hearings and Appeals.
5. Mining and Minerals is and shall continue to be the sole agency
responsible for administering this cooperative agreement on behalf of
the Governor on Federal lands throughout the State. Mining and Minerals
has and shall continue to have authority under State law to carry out
this Agreement. The Office of Surface Mining (OSM) of the Department of
the Interior shall administer this Agreement of behalf of the Secretary
in accordance with the regulations in 30 CFR Chapter VII.
6. To eliminate duplication and overlap, the State will assume the
primary responsibility for the review and analysis of permit
applications and applications for permit revisions or renewals, subject
to legal restrictions, including those limitations in 30 U.S.C. 1272(b)
and 1273 and in 42 U.S.C. 4321-4335. The State shall have the necessary
personnel to fully implement this Agreement in accordance with the
provisions of the Federal Act and the Program.
7. The State will devote adequate funds to the administration and
enforcement of this Agreement of Federal lands within the State. If
this Agreement has been carried out, and subject to appropriations, the
Department shall provide the State with funds to defay the costs
associated with carrying out responsibilities under this Agreement, as
provided in 30 U.S.C. 1295(c) and 30 CFR 735.16. Reimbursement shall be
in the form of annual grants, and applications for said grants shall be
processed and awarded in a timely and prompt manner.
If sufficient funds have not been appropriated to OSM, OSM and Mining
and Minerals shall promptly meet to decide on appropriate measures that
will insure that mining operations are regulated in accordance with the
Program.
Funds provided to the State shall be adjusted in accordance with
Office of Management and Budget (OMB) Circular A-102, Attachment E.
8. Mining and Minerals shall make annual reports to OSM containing
information respecting its compliance with the terms of this Agreement
pursuant to 30 CFR 745.12(c). The State and OSM shall exchange, upon
request, except where prohibited by Federal law, information developed
under this Agreement. OSM shall provide Mining and Minerals with a copy
of any final evaluation report prepared concerning State administration
and enforcement of this Agreement.
9. The amount of the fee accompanying an application for a permit
shall be determined in accordance with New Mexico Coal Surface Mining
Commission Rule 80-1, Part 5-25. All permit fees shall be retained by
the State and deposited with the State Treasurer in the Oil and Gas
Conservation Fund. The Financial Status Report submitted pursuant to 30
CFR 735.26 shall include a report of the amount of fees collected during
the prior State fiscal year.
10. Mining and Minerals will assure itself access to equipment,
laboratories and facilities with which all inspections, investigations,
studies, tests and analyses can be performed, and which are necessary to
carry out the requirements of this Agreement.
11. Mining and Minerals and OSM shall require an operator on Federal
lands to submit a permit application package or an application for a
permit revision or renewal in an appropriate number of copies to Mining
and Minerals. Any documentation or information submitted by the
operator for the sole purpose of complying with the 3-year requirement
of section 7(c) of the Mineral Leasing Act of 1920, 30 U.S.C. 181 et
seq., will be forwarded to the Minerals Management Service (MMS). If
such documentation is submitted as part of a permit application package,
a copy of the entire package will be forwarded to MMS.
The permit application package or application for a permit revision
or renewal shall be in the form required by Mining and Minerals, shall
satisfy the requirements of 30 CFR 741.12(b) and 30 CFR 741.13, and
shall include the information required by, or necessary for, Mining and
Minerals and the Secretary to make a determination of compliance with:
(a) Section 69-25A-1, et seq., NMSA 1978;
(b) New Mexico Coal Surface Mining Commission Rule 80-1;
(c) Applicable terms and conditions of the Federal coal lease;
(d) Applicable requirements of the 30 CFR part 211 regulations
pertaining to the Mineral Leasing Act requirements; and
(e) Applicable requirements of the approved Program and other Federal
laws including, but not limited to, those identified in 30 CFR Chapter
VII, Subchapter D and Appendix A of this Agreement.
12. Mining and Minerals shall assume the primary authority pursuant
to sections 510(a) and 523(c) of the Federal Act for the analysis,
review, and approval of the permit application or application for a
permit revision or renewal according to the standards of the Program.
OSM shall assist Mining and Minerals in the analysis of the permit
application or application for a permit revision or renewal according to
the procedures set forth in Appendix B. The Department shall
concurrently carry out its responsibilities under the Mineral Leasing
Act, as amended (MLA), the National Environmental Policy Act (NEPA), and
other public laws (including but not limited to those in Appendix A)
that cannot, under the Federal Act, be delegated to the State. The
Department shall carry out these responsibilities according to the
procedures set forth in Appendix B so as to avoid, to the maximum extent
possible, duplication of the responsibilities of the State set forth in
this Agreement and the State Program. The Secretary will consider the
information in the permit application package and, where appropriate,
make the decisions required by the Federal Act, MLA, NEPA and other
public laws listed above.
13. Mining and Minerals shall be the primary point of contact with
the operator. The Department will independently initiate contacts with
the applicant regarding permit application packages or applications for
a permit revision or renewal only where necessary to carry out its
statutory responsibilities. When such action may generate
correspondence with the applicant, a copy of all correspondence with the
applicant that may have a bearing on decisions regarding the mining
operation shall be sent to Mining and Minerals.
14. Mining and Minerals shall maintain a file of all original
correspondence with the applicant and any information received from the
applicant which may have a bearing on decisions regarding the permit
application package or application for a permit revision or renewal. At
the request of the Secretary or his designated agents, Mining and
Minerals shall make available the Mining and Minerals files and send
copies of such correspondence and information when requested to do so.
15. To the fullest extent allowed by State and Federal law, OSM and
Mining and Minerals shall cooperate so that duplication will be
eliminated in conducting the review and analysis of the permit
application package or application for a permit revision or renewal.
16. Mining and Minerals will review the permit application or
application for a permit revision or renewal under sections 11-11
through 11-29 of the New Mexico Coal Surface Mining Commission Rule
80-1.
17. Mining and Minerals shall conduct inspections on Federal lands
and prepare and file inspection reports in accordance with its Program.
18. Mining and Minerals shall, subsequent to conducting any
inspection on Federal lands, file with OSM on a timely basis, an
inspection report adequately describing (1) the general conditions of
the lands; (2) the manner in which the operations are being conducted;
and (3) whether the operator is complying with applicable performance
and reclamation requirements.
19. Mining and Minerals will be the point of contact and primary
inspection authority in dealing with the operator concerning operations
and compliance with the requirements covered by this Agreement, except
as described hereinafter. Nothing in this Agreement shall prevent
inspections by authorized Federal agencies for purposes other than those
covered by this Agreement.
20. The Department may conduct any inspections necessary to comply
with 30 CFR parts 842 and 743.
21. Except as provided below, the Secretary shall give Mining and
Minerals reasonable notice of his intent to conduct an inspection in
order to provide State inspectors an opportunity to join in the
inspection. The Secretary reserves the right to conduct inspections
without prior notice to Mining and Minerals to carry out his
responsibilities under the Federal Act.
22. Mining and Minerals shall be the primary enforcement authority
under the Federal Act concerning compliance with the requirements of
this Agreement and the Program. Enforcement authority of the Secretary
under other laws and orders including, but not limited to, those listed
in Appendix A is reserved to the Secretary.
23. During any joint inspection by OSM and Mining and Minerals,
Mining and Minerals shall have primary responsibility for enforcement
procedures, including issuance of orders of cessation, notices of
violation and assessment of penalties. OSM and Mining and Minerals
shall consult prior to issuance of any decision to suspend or revoke a
permit.
24. Mining and Minerals and OSM shall promptly notify each other of
all violations of applicable laws, regulations, orders, approved mining
plans and permits subject to this Agreement and of all actions taken
with respect to such violations.
25. During any inspection made solely by OSM or any joint inspection
where Mining and Minerals and OSM fail to agree regarding the propriety
of any particular enforcement action, OSM may take any enforcement
action necessary to comply with 30 CFR parts 843 and 845.
Such enforcement action shall be based on the performance standards
included in the regulations of the Program, and the procedures and
penalty system contained in 30 CFR parts 843 and 845. This Agreement
does not limit the Department's authority to enforce violations of
standards and requirements of Federal laws other than the Federal Act.
26. Personnel of the State and the Department shall be mutually
available to serve as witnesses in enforcement actions taken by either
party.
27. For all surface coal mines on Federal lands, Mining and Minerals
and the Secretary shall require all operators to submit a single
performance bond to cover the operator's responsibilities under the
Federal Act and the Program, payable to the State, and if required by
Federal regulations in Subchapter D, the United States. The performance
bond shall be of sufficient amount to comply with the requirements of
both State and Federal law and release of the bond shall be conditioned
upon compliance with all applicable State and Federal requirements. If
the cooperative agreement is terminated, the bonds will revert to being
payable only to the United States to the extent that Federal lands are
involved. Submission of a performance bond does not satisfy the
requirements for a Federal lease bond required by 43 CFR 3474 or a
lessee protection bond required in addition to a performance bond, in
certain circumstances, by section 715 of the Federal Act.
28. Prior to releasing the operator from an obligation under the
performance bond required by the Program for any Federal lands, Mining
and Minerals shall obtain the consent of OSM. Mining and Minerals shall
also advise OSM of adjustments to the performance bond.
29. The operator's performance bond shall be subject to forfeiture
with the consent of the Department, in accordance with the procedures
and requirements of the Program.
Certain Types of Surface Coal Mining
30. Mining and Minerals and the Director shall cooperate with each
other in the review and processing of petitions to designate lands as
unsuitable for surface coal mining operations. When either agency
receives a petition that could impact adjacent Federal or non-Federal
lands, the agency receiving the petition shall (1) notify the other of
receipt and of the anticipated scheduled for reaching a decision; and
(2) request and fully consider data, information and the views of the
other.
The authority to designate State and private lands as unsuitable for
mining is reserved to the State. The authority to designate Federal
lands as unsuitable for mining is reserved to the Secretary or his
designated representative.
31. This Agreement may be terminated by the State or the Department
under the provisions of 30 CFR 745.15.
32. If this Agreement has been terminated in whole or in part it may
be reinstated under the provisions of 30 CFR 745.16.
33. This Agreement may be amended by mutual agreement of the State
and the Department. An amendment proposed by one party shall be
submitted to the other with a statement of the reasons for such proposed
amendment. The amendment shall be adopted after Federal rulemaking in
accordance with 30 CFR 745.11. The party to whom the proposed amendment
is submitted shall signify its acceptance or rejection of the proposed
amendment, and if rejected shall state the reasons for rejection.
34. The Department or the State may from time to time promulgate new
or revised performance or reclamation requirements or enforcement and
administration procedures. Each party shall, it it determines it to be
necessary to keep this Agreement in force, change or revise its
regulations and request necessary legislative action. Such changes
shall be made under the procedures of 30 CFR part 732 for changes to the
State Program, and under the procedures of section 501 of the Federal
Act for changes to the Federal Lands Program.
35. The State and the Department shall provide each other with copies
of any changes to their respective laws, rules, regulations and
standards pertaining to the enforcement and administration of this
Agreement.
36. The State and the Department shall, consistent with 30 CFR
745.12, advise each other of changes in the organization, structure,
functions, duties and funds of the offices, departments, divisions and
persons within their organizations. Each shall promptly advise the
other in writing of changes in key personnel, including the head of a
department or division, or changes in the functions or duties of persons
occupying the principal offices within the structure of the Program.
The State and the Department shall advise each other in writing of
changes in the location of offices, addresses, telephone numbers and
changes in the names, locations and telephone numbers of their
respective mine inspectors and the area within the State for which such
inspectors are responsible.
37. Terms and phrases used in this Agreement which are defined in the
Federal Act, 30 CFR 700, 701, and 740, and defined in the New Mexico
Surface Mining Act (69-25A-1, et seq., NMSA 1978) and the rules and
regulations promulgated pursuant to that Act, shall be given the
meanings set forth in said definitions. Where there is a conflict
between the above referenced State and Federal definitions, the
definitions used in the approved Program will apply, except in the case
of a term which defines the Secretary's remaining responsibilities under
the Federal Act and other laws.
38. In accordance with 30 CFR 745.13, this Agreement shall not be
construed as waiving or preventing the assertion of any rights that have
not been expressly addressed in this Agreement that the State or the
Secretary may have under other laws or regulations, including but not
limited to those listed in Appendix A.
Dated: December 7, 1982.
Bruce King, Governor of New Mexico.
Dated: November 24, 1982.
James G. Watt, Secretary of the Interior.
1. The Federal Land Policy and Management Act, 43 U.S.C. 1701, et
seq., and implementing regulations.
2. The Mineral Leasing Act of 1920, 30 U.S.C. 181, et seq., and
implementing regulations including 30 CFR part 211.
3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321, et
seq., and implementing regulations including 40 CFR part 1500 et seq.
4. The Endangered Species Act, 16 U.S.C. 1531 et seq., and
implementing regulations including 50 CFR part 402.
5. The National Historic Preservation Act of 1966, 16 U.S.C. 470 et
seq., and implementing regulations including 36 CFR part 800.
6. The Clean Air Act, 42 U.S.C. 7401, et seq., and implementing
regulations.
7. The Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq.,
and implementing regulations.
8. The Resource Conservation and Recovery Act of 1976, 42 U.S.C.
6901 et seq., and implementing regulations.
9. The Reservoir Salvage Act of 1960, as amended by the Preservation
of Historical and Archaeological Data Act of 1974, 16 U.S.C. 469 et seq.
10. Executive Order 11593, Cultural Resource Inventories on Federal
Lands.
11. Executive Order 11988 for Flood Plain Protection. Executive
Order 11990 for Wetlands Protection.
12. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351, et
seq., and the implementing regulations.
13. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291, et seq.
14. The Archaeological Resources Protection Act of 1979, 16 U.S.C.
470aa et seq.
15. The Constitution of the United States.
16. The Constitution of the State and State law.
of Permit Application Packages and Applications for
Permit Revisions and Renewals
A. The New Mexico Mining and Minerals Division (Mining and Minerals)
will:
1. Be the point of contact and coordinate communications with the
applicant on issues concerned with the development, review and approval
of permit application packages or applications for permit revisions or
renewals, except on issues concerned with the requirements of the
Mineral Leasing Act of 1920 (MLA), 30 U.S.C. 181, et seq., or National
Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., and the
requirements of other Federal laws not addressed in the applications.
2. Communicate with the applicant on issues of concern to the
appropriate Federal land management agency (FLMA) and immediately advise
FLMA and OSM of such issues and communication.
3. Communicate with the applicant on issues of concern to the Office
of Surface Mining (OSM), and immediately advise OSM of such issues and
communications.
4. Communicate with the applicant on issues of concern to the
Minerals Management Service (MMS) and immediately advise MMS and OSM of
such issues and communications as they pertain to the application.
5. Communicate with the applicant on issues of concern to other
agencies within the Department of the Interior, as appropriate, and
immediately advise such agencies of such issues and communications.
6. Provide OSM with a copy of each apparent completeness review upon
completion.
B. MMS will:
1. Receive any documentation required by the 30 CFR part 211
regulations.
2. Be the point of contact with the applicant on issues concerned
exclusively with the 30 CFR part 211 regulations.
3. Provide Mining and Minerals and OSM with copies of pertinent
correspondence.
C. OSM will: Be responsible for ensuring that any information OSM
receives which has a bearing on decisions regarding the permit
application package or application for a permit revision or renewal is
sent promptly to Mining and Minerals.
Packages and Applications for Permit Revisions and
Renewals
A. Mining and Minerals will:
1. Receive the permit application package, the application for a
permit revision or renewal or the correspondence from the applicant and
transmit an appropriate number of copies to FLMA, MMS, OSM and other
agencies specified by the Secretary after the application has been
filed. Such transmittal will include a request for a conference on the
submissions, as needed.
2. Identify an application manger responsible for coordinating the
review and notify OSM, MMS and FLMA as necessary.
3. Upon receipt of an application, meet with OSM to discuss the
application and agree upon a schedule, and, when Mining and Minerals
requests assistance, agree upon a work plan with OSM.
B. OSM, MMS and FLMA will: Identify an application manager upon
receipt of the application and notify Mining and Minerals of the
identity of the application manager.
Mining and Minerals will:
1. Determine the completeness of a permit application package or
application for a permit revision or renewal.
2. Issue public notice of the availability of complete applications
for the public to review in accordance with the public review procedure
set forth in New Mexico Coal Surface Mining Commission Rule 80-1, Part
11.
Adequacy
A. Mining and Minerals will:
1. Consult with MMS, FLMA, OSM, and other Federal agencies specified
by the Secretary to review the filed application for preliminary
findings of substantive adequacy (henceforth ''preliminary findings'')
and to assess the need for additional data requirements in their
respective areas of responsibility.
2. Arrange meetings and field examinations with the interested
parties as necessary to determine the preliminary findings.
3. Advise the applicant of the preliminary findings upon the advice
and consent of FLMA, MMS, OSM and other Federal agencies specified by
the Secretary.
4. Transmit the letter(s) informing the applicant of the preliminary
findings, with copies to FLMA, OSM, MMS and other agencies specified by
the Secretary.
5. When requested, furnish the Director with copies of correspondence
with the applicant and all information received from the applicant.
B. OSM will:
1. Review the permit application package or application for a permit
revision or renewal for preliminary findings and, at the request of
Mining and Minerals, provide technical assistance as possible.
2. Furnish Mining and Minerals with preliminary findings within 45
calendar days of receipt of the permit application package or
application for a permit revision or renewal and specify any
requirements for additional data.
3. No later then 30 days from notification of completeness, initiate
NEPA compliance procedures and determine the need for an Environmental
Assessment or an Environmental Impact Statement.
4. Publish notices of NEPA documents as required by Federal law and
regulations.
5. Participate, as arranged, in meetings and field examinations.
C. FLMA will:
1. Review the permit application package or application for permit
revision or renewal for preliminary findings as to whether the
applicant's proposed postmining land use is consistent with FLMA's land
use plan, and the adequacy of measures to protect Federal resources not
covered by the rights granted by the Federal coal lease.
2. Furnish Mining and Minerals with preliminary findings within 45
calendar days of receipt of the permit application package or
application for a permit revision or renewal and specify any
requirements for additional data.
3. Participate, as arranged, in meetings and field examinations.
D. MMS will:
1. Review the permit application package or application for a permit
revision or renewal in regard to MLA requirements.
2. Furnish Mining and Minerals with the preliminary findings within
45 calendar days of receipt of the permit application package or
application for a permit revision or renewal and specify any
requirements for additional data.
3. Participate, as arranged, in meetings and field examinations.
E. Other agencies specified by the Secretary will:
1. Review the permit application package or application for a permit
revision or renewal for preliminary findings in regard to their
responsibilities under law.
2. Furnish Mining and Minerals with preliminary findings within 45
calendar days of receipt of the application and specify any requirements
for additional data.
3. Participate, as arranged, in meetings and field examinations.
A. Mining and Minerals will:
1. Develop and coordinate the technical review of permit application
packages or applications for a permit revision or renewal. The review
will include representatives of Mining and Minerals, MMS, FLMA, OSM and
other Federal agencies specified by the Secretary as appropriate.
2. Coordinate with OSM, for the purpose of eliminating duplication,
and provide to OSM a complete technical analysis of the permit
application or application for permit revision or renewal pursuant to
the Federal Act and the Program that will serve as the technical base
for an Environmental Assessment (EA) or an Environmental Impact
Statement (EIS) as may be required by NEPA for each permit application
package or application for a permit revision or renewal.
3. Coordinate with MMS, for the purpose of eliminating duplication,
to conduct a technical analysis that will assist MMS in making findings
as may be necessary to determine compliance with the MLA.
4. Coordinate with FLMA, for the purpose of eliminating duplication,
to conduct a technical analysis of issues regarding postmining land use
and the adequacy of measures to protect Federal resources not covered by
the rights granted by the Federal coal lease.
5. Coordinate with other agencies specified by the Secretary, for the
purpose of eliminating duplication, to conduct technical analyses of
issues within their jurisdiction.
B. OSM will:
1. At the request of Mining and Minerals, assist as possible in the
review of the permit application package or application for a permit
revision or renewal for technical adequacy in a timely manner as set
forth by a schedule developed by Mining and Minerals in cooperation with
OSM.
2. Take the leadership role for the development of the EA and/or EIS.
C. MMS will:
1. Review the permit application package or application for a permit
revision or renewal for compliance with 30 CFR part 211.
2. Furnish Mining and Minerals, through OSM, findings on compliance
with 30 CFR part 211 in a timely manner as set forth by a schedule
developed by Mining and Minerals in cooperation with MMS.
3. Participate, as arranged, in meetings and field examinations.
D. FLMA will:
1. Determine whether the permit application package or application
for a permit revision or renewal provides for postmining land use
consistent with FLMA's land use plan and determine the adequacy of
measures to protect Federal resources not covered by the rights granted
by the Federal coal lease.
2. Furnish Mining and Minerals, through OSM, its determination on the
technical adequacy in a timely manner as set forth by a schedule
developed by Mining and Minerals in cooperation with FLMA.
3. Participate, as arranged, in meetings and field examinations.
E. Other agencies specified by the Secretary will:
1. Review the permit application package or application for a permit
revision or renewal in regard to their responsibilities under law.
2. Furnish Mining and Minerals, through OSM, findings on compliance
with other applicable Federal laws and regulations in a timely manner as
set forth by a schedule developed in cooperation with Mining and
Minerals.
3. Participate, as arranged, in meetings and field examinations.
A. Mining and Minerals will:
1. Assist OSM in the preparation of the decision document for the
permit application package or application for a permit revision or
renewal, unless the work plan and schedule agreed upon provide
otherwise. Mining and Minerals will provide OSM with:
a. A recommendation on the proposal;
b. A finding of compliance with the Program as approved by the
Secretary and the regulations promulgated thereunder, which will consist
of an analysis of critical issues raised during the course of the review
and the resolution of those issues; and
c. All other specific written findings required under section
69-25A-14, NMSA 1978.
2. Consider the comments of OSM, MMS and FLMA and other appropriate
Federal agencies when assisting in the preparation of the decision
document.
B. OSM will:
1. Prepare the approved NEPA compliance document.
2. Prepare the decision document with the assistance of Mining and
Minerals unless the work plan and schedule agreed upon provide
otherwise. The decision document shall contain the following:
a. An analysis of the enviromental impacts of the proposal and
alternatives to the proposal, prepared in compliance with NEPA, the
Council on Environmental Quality regulations and OSM's NEPA compliance
handbook;
b. The determinations and recommendations of FLMA;
c. The memorandum of recommendation from the MMS to the Assistant
Secretary of the Interior for Energy and Minerals, with regard to MLA
requirements;
d. The incorporation of the comments of other agencies specified by
the Secretary, as appropriate; and
e. The relevant information submitted by Mining and Minerals as
specified by A.1 of this Article.
3. Transmit the decision document to the Secretary.
C. FLMA will: Provide written concurrence on the final decision
document to OSM with regard to postmining land use and the adequacy of
measures to protect Federal resources not covered by rights granted by
any Federal coal lease.
D. MMS will: Provide written concurrence on the final decision
document to OSM with regard to its responsibilities.
E. Other agencies will: Provide written concurrence on the final
decision document to OSM with regard to their responsibilities.
A. The Secretary will:
1. Evaluate the analysis, conclusions, and recommendations in the
decision document as necessary to determine whether he approves or
disapproves.
2. Inform Mining and Minerals immediately of his decision. Where the
Secretary decides not to approve, the reasons for not approving, and
recommendations for remedy shall be specified.
B. Mining and Minerals will:
1. Issue the permit, revised permit, or permit renewal for surface
coal mining and reclamation operations after making a finding of
compliance with the approved Program in the manner set forth in this
Agreement.
2. Advise the operator, in the permit, of the necessity of obtaining
Secretarial approval for those statutory requirements which have not
been delegated to the State prior to directly affecting Federal lands
and, if necessary, prohibit the operator from directly affecting Federal
lands under the permit, revised permit, or permit renewal until after
the Secretary's approval of the mining plan has been received.
3. Reserve the right to modify the permit, revised permit or permit
renewal to conform with the Secretary's decision if a permit, revised
permit, or permit renewal has been issued prior to receipt of the
Secretary's decision.
A. Every effort will be made to resolve errors, omissions and
conflicts on data and data analysis at the State and field level.
B. Areas of disagreement between the State and the Department shall
be referred to the Governor and the Secretary for resolution.
(Sec. 523(c) of the Surface Mining Control and Reclamation Act of
1977; Pub. L. 95-87; (30 U.S.C. 1273(c)))
(47 FR 56806, Dec. 20, 1982, as amended at 54 FR 20568, May 12, 1989)
30 CFR 931.30 PART 933 -- NORTH CAROLINA
Sec.
933.700 North Carolina Federal program.
933.701 General.
933.702 Exemption for coal extraction incidental to the extraction of
other minerals.
933.707 Exemption for coal extraction incident to government-financed
highway or other construction.
933.761 Areas designated unsuitable for surface coal mining by Act of
Congress.
933.762 Criteria for designating areas as unsuitable for surface coal
mining operations.
933.764 Process for designating areas unsuitable for surface coal
mining operations.
933.772 Requirements for coal exploration.
933.773 Requirements for permits and permit processing.
933.774 Revision; renewal; and transfer, assignment, or sale of
permit rights.
933.775 Administrative and judicial review of decisions.
933.777 General content requirements for permit applications.
933.778 Permit applications -- minimum requirements for legal,
financial, compliance, and related information.
933.779 Surface mining permit applications -- minimum requirements
for information on environmental resources.
933.780 Surface mining permit applications -- minimum requirements
for reclamation and operation plan.
933.783 Underground mining permit applications -- minimum
requirements for information on environmental resources.
933.784 Underground mining permit applications -- minimum
requirements for reclamation and operation plan.
933.785 Requirements for permits for special categories of mining.
933.795 Small operator assistance.
933.800 General requirements for bonding of surface coal mining and
reclamation operations.
933.815 Performance standards -- coal exploration.
933.816 Performance standards -- surface mining activities.
933.817 Performance standards -- underground mining activities.
933.819 Special performance standards -- auger mining.
933.823 Special performance standards -- operations on prime
farmland.
933.824 Special performance standards -- mountaintop removal.
933.827 Special performance standards -- coal processing plants and
support facilities not located at or near the minesite or not within the
permit area for a mine.
933.828 Special performance standards -- in situ processing.
933.842 Federal inspections.
933.843 Federal enforcement.
933.845 Civil penalties.
933.846 Individual civil penalties.
933.955 Certification of blasters.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq. ; and Pub. L.
100-34.
Source: 48 FR 30302, June 30, 1983, unless otherwise noted.
30 CFR 933.700 North Carolina Federal program.
(a) This part contains all rules that are applicable to surface coal
mining operations in North Carolina which have been adopted under the
Surface Mining Control and Reclamation Act of 1977.
(b) The rules in this part cross-reference pertinent parts of the
permanent program regulations in this chapter. The full text of a rule
is in the permanent program rule cited under the relevant section of the
North Carolina Federal program.
(c) The rules in this part apply to all surface coal mining
operations in North Carolina conducted on non-Federal and non-Indian
lands. The rules in Subchapter D of this chapter apply to operations on
Federal lands in North Carolina.
(d) The information collection requirements contained in this part do
not require approval by the Office of Management and Budget under 44
U.S.C. 3507 because there are fewer than ten respondents annually.
(e) The following provisions of North Carolina laws and regulations
provide, where applicable, for more stringent environmental control and
regulation of some aspects of surface coal mining operations than do the
provisions of the Act and the regulations in this chapter. Therefore,
pursuant to section 505(b) of the Act, they shall not be construed to be
inconsistent with the Act unless in a particular instance the rules in
this chapter are found by OSM to establish more stringent environmental
controls.
(1) North Carolina General Statute (NCGS) 74-51, concerning
conditions under which a mining permit may be granted, authorized the
North Carolina Department of Natural Resources and Community Development
to deny a permit for a mining operation which will have a significantly
adverse effect on the purposes of a publicly owned park, forest, or
recreation area and may condition permit approval on a requirement of
visual screening, vegetative or otherwise, so as to screen the view of
the operation from public highways, public parks, or residential areas
where the Department finds such screening to be feasible and desirable,
or determines that such screening measures are either not feasible or
not desirable.
(2) North Carolina mining laws and regulations apply to mining
operations affecting an area greater than one acre. To the extent that
North Carolina mining law and regulations cited in paragraph (f) of this
section apply to coal mining operations not regulated by the Surface
Mining Control and Reclamation Act, they are not preempted by this
Federal program for North Carolina.
(3) North Carolina Dam Safety Law of 1967, North Carolina General
Statutes (NCGS) 143-215.23 through 143-215.37.
(4) Geophysical Exploration regulations, Title 15, North Carolina
Administrative Code, Subchapter 5C, applies to any coal exploration
involving the use of explosives.
(f) The following are North Carolina laws and regulations that
generally interfere with the achievement of the purposes and
requirements of the Act and are, in accordance with section 504(g) of
the Act, preempted and superseded to the extent that they regulate coal
exploration or surface coal mining and reclamation operations regulated
by the Surface Mining Control and Reclamation Act. Other North Carolina
laws may interfere with the achievement of the proposes of goals of the
Act in an individual situation, and may be preempted and superseded as
they affect a particular coal exploration or surface mining operation by
publication of the notice to that effect in the Federal Register.
(1) North Carolina Mining Act of 1971, as amended, NCGS 74-46 through
74-68, except to the extent that the Mining Act is preserved as provided
in paragraph (e) of this section.
(2) Title 15, North Carolina Administrative Code, Subchapters 5A, 5B,
and 5F Mining and Mineral Resources, except to the extent that those
regulations are preserved as provided in paragraph (e) of this section.
(g) The Secretary may grant a limited variance from the performance
standards of 933.815 through 933.828 of this part if the applicant for
coal exploration approval or a surface mining permit submitted pursuant
to 933.772 through 933.785 demonstrates in the application that: (1)
Such variance is necessary because of the unique nature of North
Carolina's terrain, climate, biological, chemical, or other relevant
physical conditions; and (2) the proposed alternative will achieve
equal or greater environmental protection than does the performance
requirement from which the variance is requested.
(48 FR 30302, June 30, 1983, as amended at 52 FR 13811, Apr. 24,
1987)
30 CFR 933.701 General.
Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701
of this chapter shall apply to surface coal mining and reclamation
operations in North Carolina.
30 CFR 933.702 Exemption for coal extraction incidental to the
extraction of other minerals.
Part 702 of this chapter, Exemption for Coal Extraction Incidental to
the Extraction of Other Minerals, shall apply to any person who conducts
coal extraction incidental to the extraction of other minerals for
purposes of commercial use or sale.
(54 FR 52123, Dec. 20, 1989)
30 CFR 933.707 Exemption for Coal Extraction Incident to
government-financed highway or other construction.
Part 707 of this chapter, Exemption for Coal Extraction Incident to
Government-Financed Highway or Other Construction, shall apply to
surface coal mining and reclamation operations.
30 CFR 933.761 Areas designated unsuitable for surface coal mining by
Act of Congress.
Part 761 of this chapter, Areas Designated Unsuitable for Coal Mining
by Act of Congress, with the exception of 761.11(c) and 761.12(f)(1),
shall apply to surface coal mining and reclamation operations, beginning
one year after the effective date of this program. For the purposes of
part 933, the following 761.11(c) and 761.12(f)(1) shall replace the
existing 761.11(c) and 761.12(f)(1).
(c) On any lands which will adversely affect any publicly owned park,
forest, recreation area, or any places included on, or eligible for
listing on, the National Register of Historic Places, unless approved
jointly by the regulatory authority and the Federal, State, or local
agency with jurisdiction over the park, forest, recreation area, or
places;
(f)(1) Where the proposed surface coal mining operation may adversely
affect any public park, forest, recreation area, or any places included
on, or eligible for listing on, the National Register of Historic
Places, the regulatory authority shall transmit to the Federal, State,
or local agencies with jurisdiction over, or a statutory or regulatory
responsibility for, the park, forest, recreation area, or historic place
a copy of the completed permit application containing the following:
(i) A request for that agency's approval or disapproval of the
operators;
(ii) A notice to the appropriate agency that it must respond within
30 days from receipt of the request.
30 CFR 933.762 Criteria for designating areas as unsuitable for surface
coal mining operations.
Part 762 of this chapter, Criteria for Designation Areas Unsuitable
for Surface Coal Mining Operations, shall apply to surface coal mining
and reclamation operations.
30 CFR 933.764 Process for designating areas unsuitable for surface
coal mining operations.
Part 764 of this chapter, State Processes for Designatng Areas
Unsuitable for Surface Coal Mining Operations, pertaining to
petitioning, initial processing, hearing requirements, decisions, data
base and inventory systems, public information, and regulatory
responsibilities shall apply to surface coal mining and reclamation
operations beginning one year after the effective date of this program.
30 CFR 933.772 Requirements for coal exploration.
(a) Part 772 of this chapter, Requirements for Coal Exploration,
shall apply to any person who conducts or seeks to conduct coal
exploration operations.
(b) The Office shall make every effort to act on an exploration
application within 60 days of receipt or such longer time as may be
reasonable under the circumstances. If additional time is needed, OSMRE
shall notify the applicant that the application is being reviewed, but
more time is necessary to complete such review, setting forth the
reasons and the additional time that is needed.
(52 FR 13811, Apr. 24, 1987)
30 CFR 933.773 Requirements for permits and permit processing.
(a) Part 773 of this chapter, Requirements for Permits and Permit
Processing, shall apply to any person who applies for a permit for
surface coal mining and reclamation operations.
(b) In addition to the requirements of part 773, the following permit
application review procedures shall apply:
(1) Any person applying for a permit shall submit five copies of the
application to the Office.
(2) The Office shall review an application for administrative
completeness and acceptability for further review and shall notify the
applicant in writing of the findings. The Office may:
(i) Reject a flagrantly deficient application, notifying the
applicant of the findings;
(ii) Request additional information required for completeness stating
specifically what information must be supplied and negotiate the date by
which the information must be submitted; or
(iii) Judge the application administratively complete and acceptable
for further review.
(3) Should the applicant not submit the information as required by
912.773(b)(2)(ii) by the specified date, the office may reject the
application. When the applicant submits the required information by the
specified date, the Office shall review it and advise the applicant
concerning its acceptability.
(4) When the application is judged administratively complete, the
applicant shall be advised by the Office to file the public notice
required by 773.13 of this chapter.
(5) A representative of the Office shall visit the proposed permit
area to determine whether the operation and reclamation plans are
consistent with actual site conditions. The applicant will be notified
in advance of the time of the visit. At the time of the visit, the
applicant shall have the locations of the proposed permit boundaries,
topsoil storage areas, sediment control structures, roads, and other
significant features contained in the application marked by flags.
(c) In addition to the information required by subchapter G of this
chapter, the Office may require an applicant to submit supplementary
information to ensure compliance with applicable Federal laws and
regulations other than the Act.
(d) The issuance of permits shall be coordinated, to the extent
practicable, with the issuance of the following permits, leases and/or
certificates required by the State of North Carolina; Water discharge
permit (NCGS 143-215.1); water use permits in capacity use area (NCGS
143-215.5); an approval of dam construction (NCGS 143-215.108), an air
pollution control permit (NCGS 143-215.26, Title 15, North Carolina
Administrative Code, Subchapter 2K); air and water quality reporting
systems (NCGS 143-215.63 -- 143-215.69); a geophysical exploration
permit (Title 15, North Carolina Administrative Code, Subchapter 5C); a
development permit for operations in an area of environmental concern
designated pursuant to the Coastal Area Management Act (NCGS 113A-100 --
113A-128); a dredging or filing permit issued by the Department of
Natural Resources and Community Development (NCGS 113-229); a permit
for dumping of toxic substances (NCGS 14-284.2); compliance with any
applicable land use regulations adopted in a soil conservation district
(NCGS 139-9); and compliance with any county ordinance regarding
explosives (NCGS 153A-128).
(e) No person shall be granted a permit to conduct exploration which
results in the removal of more than 250 tons of coal or shall conduct
surface coal mining unless that person has acquired all required
permits, leases, and/or certificates listed in paragraph (d) of this
section.
(f) The Secretary shall provide to the North Carolina Department of
Natural Resources and Community Development a copy of each decision to
grant or deny a permit application.
(52 FR 13811, Apr. 24, 1987)
30 CFR 933.774 Revision; renewal; and transfer, assignment, or sale
of permit rights.
(a) Part 774 of this chapter, Revision; Renewal; and Transfer,
Assignment, or Sale of Permit Rights, shall apply to any such actions
involving surface coal mining and reclamation operations permits.
(b) Any revision to the approved permit will be subject to review and
approval by OSMRE.
(1) Significant revisions shall be processed as if they are new
applications in accordance with the public notice and hearing provisions
of 773.13, 773.19(b) (1) and (2), and 778.21 and of part 775.
(2) OSMRE shall make every effort to approve or disappove an
application for permit revision within 60 days of receipt or such longer
time as may be reasonable under the circumstances. If additional time
needed, OSMRE shall notify the applicant that the application is being
reviewed, but that more time is necessary to complete such review,
setting forth the reasons and the additional time that is needed.
(c) In addition to the requirements of part 774 of this chapter, any
person having an interest which is or may be adversely affected by a
decision on the transfer, assignment, or sale of permit rights,
including an official of any Federal, State, or local government agency,
may submit written comments on the application to the Office within
thirty days of either the publication of the newspaper advertisement
required by 774.17(b)(2) of this chapter or receipt of an
administratively complete application, whichever is later.
(52 FR 13811, Apr. 24, 1987)
30 CFR 933.775 Administrative and judicial review of decisions.
Part 775 of his chapter, Administrative and Judicial Review of
Decisions, shall apply to all decisions on permits.
(52 FR 13812, Apr. 24, 1987)
30 CFR 933.777 General content requirements for permit applications.
Part 777 of this chapter, General Content Requirements for Permit
Applications, shall apply to any person who applies for a permit to
conduct surface coal mining and reclamation operations.
(52 FR 13812, Apr. 24, 1987)
30 CFR 933.778 Permit applications -- minimum requirements for legal,
financial, compliance, and related information.
Part 778 of this chapter, Permit Applications -- Minimum Requirements
for Legal, Financial, Compliance and Related Information, shall apply to
any person who applies for a permit to conduct surface coal mining and
reclamation operations.
(52 FR 13812, Apr. 24, 1987)
30 CFR 933.779 Surface mining permit applications -- minimum
requirements for information on environmental resources.
Part 779 of this chapter, Surface Mining Permit Applications --
Minimum Requirements for Information on Environmental Resources, shall
apply to any person who makes application to conduct surface coal mining
and reclamation operations.
30 CFR 933.780 Surface mining permit applications -- minimum
requirements for reclamation and operation plan.
Part 780 of this chapter, Surface Mining Permit Applications --
Minimum Requirements for Reclamation and Operation Plan, shall apply to
any person who makes application to conduct surface coal mining and
reclamation operations, except that for the purposes of part 933, the
paragraph in 780.31 shall be replaced by the following two paragraphs:
(a) For any public parks, forest, or recreation areas, or historic
places that may be adversely affected by the proposed operations, each
plan shall describe the measures to be used to minimize or prevent these
impacts and to obtain approval of the regulatory authority and other
agencies as required in 30 CFR 761.12(f).
(b) Each application for an operation which will be visible from any
public park, public highway, or residential area shall include measures
to be taken to screen the operation from the view of public parks,
public highways and residential areas, or shall set forth the reasons
why such screening measures are either not feasible or not desirable.
30 CFR 933.783 Underground mining permit applications -- minimum
requirements for information on environmental resources.
Part 783 of this chapter, Underground Mining Permit Applications --
Minimum Requirements for Information on Environmental Resources, shall
apply to any person who submits an application to conduct underground
coal mining operations.
30 CFR 933.784 Underground mining permit applications -- minimum
requirements for reclamation and operation plan.
Part 784 of this chapter, Underground Mining Permit Applications --
Minimum Requirements for Reclamation and Operation Plan, shall apply to
any person who makes application to conduct underground coal mining
except that for the purposes of part 933, the paragraph in 784.17 shall
be replaced by the following two paragraphs:
(a) For any public parks, forest, or recreation areas, or historic
places that may be adversely affected by the proposed operation, each
plan shall describe the measures to be used to minimize or prevent these
impacts and to obtain approval of the regulatory authority and other
agencies as required in 30 CFR 761.12(f).
(b) Each application for an operation which will be visible from any
public park, public highway, or residential area shall include measures
to be taken to screen the operation from the view of public parks,
public highways and residential areas, or shall set forth the reasons
why such screening measures are either not feasible or not desirable.
30 CFR 933.785 Requirements for permits for special categories of
mining.
Part 785 of this chapter, Requirements for Permits for Special
Categories of Mining, shall apply to each person who makes application
for a permit to conduct certain categories of surface coal mining and
reclamation operations as specified therein.
30 CFR 933.795 Small operator assistance.
Part 795 of this chapter, Small Operator Assistance, shall apply to
any person making application for assistance under the small operator
assistance program.
30 CFR 933.800 General requirements for bonding of surface coal mining
and reclamation operations.
Part 800 of this chapter, General Requirements for Bonding of Surface
Coal Mining and Reclamation Operations Under Regulatory Programs, shall
apply to all surface coal mining and reclamation operations.
30 CFR 933.815 Performance standards -- coal exploration.
Part 815 of this chapter, Permanent Program Performance Standards --
Coal Exploration, shall apply to any person conducting coal exploration
operations.
30 CFR 933.816 Performance standards -- surface mining activities.
Part 816 of this chapter, Permanent Program Performance Standards --
Surface Mining Activities, shall apply to any person who conducts
surface coal mining and reclamation operations.
30 CFR 933.817 Performance standards -- underground mining activities.
Part 817 of this chapter, Permanent Program Performance Standards --
Underground Mining Activities, shall apply to any person who conducts
underground coal mining operations.
30 CFR 933.819 Special performance standards -- auger mining.
Part 819 of this chapter, Special Permanent Program Performance
Standards -- Auger Mining, shall apply to any person who conducts
surface coal mining operations which include auger mining.
30 CFR 933.823 Special performance standards -- operations on prime
farmland.
Part 823 of this chapter, Special Permanent Program Performance
Standards -- Operations on Prime Farmland, shall apply to any person who
conducts surface coal mining and reclamation operations on prime
farmlands.
30 CFR 933.824 Special performance standards -- mountaintop removal.
Part 824 of this chapter, Special Permanent Program Performance
Standards -- Mountaintop Removal, shall apply to any person who conducts
surface coal mining operations constituting mountaintop removal mining.
30 CFR 933.827 Special performance standards -- coal processing plants
and support facilities not located at or near the minesite or not within
the permit area for a mine.
Part 827 of this chapter, Special Permanent Program Performance
Standards -- Coal Processing Plants and Support Facilities Not Located
at or Near the Minesite or Not Within the Permit Area for a Mine, shall
apply to any person who conducts surface coal mining and reclamation
operations which include the operation of coal processing plants and
support facilities not located at or near the minesite or not within the
permit area for a mine.
30 CFR 933.828 Special performance standards -- in situ processing.
Part 828 of this chapter, Special Permanent Program Performance
Standards -- In Situ Processing, shall apply to any person who conducts
in situ processing activities.
30 CFR 933.842 Federal inspections.
(a) Part 842 of this chapter, Federal Inspections, shall apply to all
exploration and surface coal mining and reclamation operations.
(b) OSM will furnish a copy of any inspection report written pursuant
to this part to the North Carolina Department of Natural Resources and
Community Development upon request.
30 CFR 933.843 Federal enforcement.
(a) Part 843 of this chapter, Federal Enforcement, shall when
enforcement action is required for violations on surface coal mining and
reclamation operations.
(b) OSM will furnish a copy of each enforcement action and order to
show cause issued pursuant to this part to the North Carolina Department
of Natural Resources and Community Development upon request.
30 CFR 933.845 Civil penalties.
Part 845 of this chaper, Civil Penalties, shall apply when civil
penalties are assessed for violations on surface coal mining and
reclamation operations.
30 CFR 933.846 Individual civil penalties.
Part 846 of this chapter, Individual Civil Penalties, shall apply to
the assessment of individual civil penalties under section 518(f) of the
Act.
(53 FR 3676, Feb. 8, 1988)
30 CFR 933.955 Certification of blasters.
Part 955 of this chapter, Certification of Blasters in Federal
Program States and on Indian Lands, shall apply to the training,
examination and certification of blasters for surface coal mining and
reclamation operations.
(51 FR 19462, May 29, 1986)
30 CFR 933.955 PART 934 -- NORTH DAKOTA
Sec.
934.1 Scope.
934.10 State program approval.
934.12 State program amendments disapproved.
934.13 State program provisions set aside.
934.15 Approval of regulatory program amendments.
934.16 Required program amendments.
934.20 Approval of North Dakota abandoned mine plan.
934.25 Amendment to approve North Dakota abandoned mine reclamation
plan.
934.30 State-Federal cooperative agreement.
Authority: 30 U.S.C. 1201 et seq.
Source: 45 FR 82246, Dec. 15, 1980, unless otherwise noted.
30 CFR 934.1 Scope.
This part contains all rules applicable only within North Dakota that
have been adopted under the Surface Mining Control and Reclamation Act
of 1977.
30 CFR 934.10 State program approval.
The North Dakota State Program, as submitted on February 29, 1980,
and amended and clarified on June 12, 1980 and September 9, 1980, is
conditionally approved, effective December 15, 1980. Beginning on that
date, PSC shall be deemed the regulatory authority in North Dakota for
all surface coal mining and reclamation operations and for all
exploration operations where more than 250 tons of coal are removed on
non-Federal and non-Indian lands and the North Dakota Geological Survey
shall be deemed the regulatory authority in North Dakota for all
exploration operations where less than 250 tons of coal are removed on
non-Federal and non-Indian lands. Only surface mining and reclamation
operations on non-Federal and non-Indian lands shall be subject to the
provisions of the North Dakota permanent regulatory program. Copies of
the approved program, together with copies of the letter of the Public
Service Commission agreeing to the conditions in 934.11, are available
at:
(a) North Dakota Public Service Commission, Reclamation Division;
State Capitol Building; Bismarck, ND 58505-0165; Telephone: (701)
224-4096.
(b) Office of Surface Mining; Casper Field Office; 100 East B
Street, room 2128; Casper, WY 82601-1918; Telephone: (307) 261-5776.
(45 FR 82246, Dec. 15, 1980, as amended at 57 FR 826, Jan 9, 1992)
30 CFR 934.12 State program amendments disapproved.
The following provision of an amendment to the North Dakota permanent
regulatory program, as submitted to OSMRE on February 10, 1987, and
modified on August 18, 1987, and December 14, 1987, is hereby
disapproved: Paragraph (c)(4) of the North Dakota Administrative Code,
Article 69-05.2-12-05.1, which would have established separate financial
criteria for self-bonding by rural electric cooperatives.
(53 FR 2840, Feb. 2, 1988. Redesignated at 55 FR 1819, Jan. 19, 1990)
30 CFR 934.13 State program provisions set aside.
North Dakota regulation NDAC 69-05.2-27-01 is inconsistent with
Federal provisions for permitting and bonding of research projects and
is set aside under the provisions of section 505(b) of the Surface
Mining Control and Reclamation Act of 1977.
30 CFR 934.15 Approval of regulatory program amendments.
(a) Statutory changes adopted in the 1981 Legislative session which
modified sections of the North Dakota Century Code (NDCC) as listed
below are approved effective February 9, 1983.
(1) Chapter 38-14.1 North Dakota Century Code (NDCC) -- Surface
Mining and Reclamation Operations.
(i) Subsection 5 of section 38-14.1-02 of the NDCC (definition of
''extended mining plan''), amended.
(ii) New subsection to section 38-14.1-02 of the NDCC (definition of
''performance bond''), added.
(iii) New subsection to section 38-14.1-03 of the NDCC (powers and
duties of the Commission), added.
(iv) Subsection 3 of section 38-14.1-07 of the NDCC (mining is
prohibited), amended.
(v) Subsection 3 of section 38-14.1-13 of the NDCC (permit
application -- general requirements), amended.
(vi) Subdivision ''u'' of Subsection 1 of Section 38-14.1-14 of the
NDCC (permit applications -- mining and reclamation plans), repealed.
(vii) Subdivision n of subsection 2 of section 38-14.1-14 of the NDCC
(permit applications -- mining and reclamation plans), repealed.
(viii) Section 38-14.15 of the NDCC (permit applications -- extended
mining plan), amended.
(ix) Subsection 3 of section 38-14.1-20 of the NDCC (ruling on permit
application -- timing and content), amended.
(x) Subsection 17 of section 38-14.1-24 of the NDCC (environmental
protection performance standards), amended.
(xi) Subsection 18 of section 38-14.1-24 of the NDCC (environmental
protection performance standards), amended.
(xii) Subsection 4 of section 38-14.1-30 of the NDCC (administrative
review of commission rulings -- formal hearings), amended.
(xiii) Section 38-14.1-38 of the NDCC (conflict of interest),
amended.
(2) Chapter 38-12.1 North Dakota Century Code -- Coal Exploration
Data.
(i) Subdivision b of section 1 of section 38-12.1-04 of the NDCC
(jurisdiction of commission), amended.
(3) Chapter 38-18 North Dakota Century Code -- Surface Owner
Protection Act.
(i) Subsection 3 of section 38-18-05 of the NDCC (definition of
''mineral developer''), amended.
(ii) Subsection 6 of section 38-18-05 of the NDCC (definition of
''mineral owner''), amended.
(iii) Subsection 10 of section 38-18-05 of the NDCC (definition of
''surface owner''), amended.
(iv) Subsection 3 of section 38-18-06 of the NDCC (written notice and
consent required before permit to surface mine land may be issued),
amended.
(v) Section 38-18-07 of the NDCC (surface damage and disruption
payments), amended.
(b) Regulatory changes submitted to OSM July 30, 1982, which added,
modified, or deleted the sections or portions of the sections of the
North Dakota Administrative Code (NDAC) listed below are approved upon
promulgation of the revised rules by the State, provided the rules are
adopted in identical form as submitted to OSM:
Chapter
69-05.2-01 General Provisions.
69-05.2-05 Permit Applications -- General Requirements.
69-05.2-06 Permit Applications -- Requirements for Legal, Financial,
Compliance, and Related Information.
69-05.2-07 Permit Applications -- Extended Mining Plan -- Requirement
for Information on Environmental Resources.
69-05.2-08 Permit Applications -- Permit Area -- Requirements for
Information on Environmental Resources.
69-05.2-09 Permit Applications -- Permit Area -- Requirements for
Operation and Reclamation Plans.
69-05.2-10 Permit Applications -- Review, Public Participation,
Approval or Disapproval.
69-05.2-11 Permit Reviews, Revisions, and Renewals -- Transfer, Sale,
or Assignment of Rights Granted Under Permits.
69-05.2-12 Performance Bonds -- Liability Insurance.
69-05.2-13 Performance Standards -- General Requirements.
69-05.2-14 Performance Standards -- Casing and Sealing of Drilled
Holes.
69-05.2-15 Performance Standards -- Suitable Plant Growth Material.
69-05.2-16 Performance Standards -- Hydrologic Balance -- General
Requirements.
69-05.2-17 Performance Standards -- Use of Explosives.
69-05.2-19 Performance Standards -- Waste Materials.
69-05.2-21 Performance Standards -- Backfilling and Grading.
69-05.2-22 Performance Standards -- Revegetation.
69-05.2-23 Performance Standards -- Postmining Land Use.
69-05.2-26 Performance Standards -- Prime Farmland.
(c) The amendment to section 38.12.1-03 of the North Dakota Century
Code adopted by North Dakota in the 1981 Legislative session is approved
effective November 9, 1983.
(d) The following amendments are approved effective July 19, 1984.
(1) Revision to the North Dakota Statute submitted February 2, 1984
amending section 38-14-1.13(1)(b) and repealing section 69-05.2-05-03 of
the North Dakota regulations.
(2) Revision to the North Dakota Statute submitted February 2, 1984,
amending section 38-14.1-24(1)(1).
(3) Revision to the North Dakota Statute submitted February 2, 1984,
amending section 38-14.1-02(33)(a).
(4) Revision to the North Dakota Statute submitted February 2, 1984,
adding sections 38-14.1-04.1, 38-14.1-04.2 and 38-14.1-04.3.
(5) Revisions to the North Dakota regulations submitted February 2,
1984, adding a new section, 69-05.2-09-18.
(6) Revision to the North Dakota regulations submitted February 2,
1984, adding a new section, 69-05.2-13-12.1, 69-05.2-13-12.2,
69-05.2-13-12.3, 69-05.2-13-12.4, 69-05.2-13-12.5, and 69-05.2-13-12.6.
(7) Revisions to the North Dakota regulations submitted February 2,
1984, repealing portions of section 69-05.2-16-04 and adding new
language at section 69-05.2-16-04.
(e) The following amendment submitted to OSM on February 27, 1984, is
approved effective January 3, 1985: North Dakota's definition of
''blaster'' and renumbering of the definitions section, as contained in
the North Dakota Administrative Code (NDAC) at Section 69-05.2-01-02;
the general requirements for the use of explosives at NDAC
69-05.2-17-01; the North Dakota blaster training, examination and
certification program at NDAC 69-05.2-31; and all other items submitted
by North Dakota, provided that North Dakota promulgates these
regulations in a form identical to the submitted to and reviewed by OSM.
(f) The following amendments to the North Dakota permanent regulatory
program submitted to OSMRE on June 18, 1985, are approved effective
February 18, 1986.
(1) Modifications to NDCC 38-14.1-04.2 and .3 concerning cultural
resources;
(2) Modifications to NDCC 38-14.1-7 concerning valid existing rights;
(3) Modifications to NDCC 38-14.1-10 concerning cultural resources;
(4) Modifications to NDCC 38-14.1-14 concerning permit application
requirements;
(5) Modifications to NDCC 38-14.1-21 concerning permit approvals;
(6) Modifications to NDCC 38-14.1-30 concerning administrative review
of decisions made by the State Historical Board;
(7) Modifications to NDCC 38-14.1-33 concerning permit revocation;
(8) Modifications to NDAC 69-05.2-10-03 concerning criteria for
permit approval;
(9) Modifications to NDAC 69-05.2-06-02 concerning compliance
information required of permit applicants;
(10) Modifications to NDAC 69-05.2-06-02 and NDAC 69-05.2-04-01
concerning the date for valid existing rights determinations;
(11) Modifications to NDAC 69-05.2-13-12 concerning performance
standards for auger mining operations;
(12) Repeal of NDAC 69-05.2-08-03 concerning cultural resources;
(13) Modifications to NDAC 69-05.2-09-08 concerning operations plans;
(14) Modifications to NDAC 69-05.2-09-02 and NDAC 69-05.2-09-09
concerning the responsibilities of registered land surveyors; and
(15) Modifications to NDAC 69-05.2-16-09 concerning sedimentation
ponds.
(g) The following amendments to the North Dakota permanent regulatory
program, submitted to OSMRE May 30, 1986, are approved effective October
21, 1986.
(1) Addition of definitions to NDAC 69-05.2-01-02 (11) and (12) for
''coal preparation'' and ''coal preparation plant'', and deletion of the
definition of ''coal processing plant'';
(2) Addition of NDAC 69-05.2-09-19 and 69-05.2-13-13 concerning
permit application requirements and performance standards for coal
preparation plants not located within the permit area of a mine;
(3) Modifications to NDAC 69-05.2-16-04(1)(b) and 69-05.2-16-09(22)
concerning criteria for the removal of sedimentation ponds and other
treatment facilities;
(4) Repeal of NDAC 69-05.2-15-01 concerning general requirements for
performance standards for suitable plant growth material;
(5) Modifications to NDAC 69-05.2-15-02, 03(2), and 04 concerning the
removal, storage and protection, and redistribution of suitable plant
growth material;
(6) Modifications to NDAC 69-05.2-21-03 concerning revised
backfilling and grading requirements for covering exposed coal seams and
toxic-forming and combustible materials; and
(7) Modifications to NDAC 69-05.2-08-05(2)(c)(5) concerning addition
of saturation percentage to overburden analysis requirements.
(h) The following amendment to the North Dakota permanent regulatory
program, submitted to OSMRE September 8, 1986, is approved effective
December 9, 1986: Modifications to NDAC 69-05.2-12-20 concerning the
minimum amount of public liability insurance coverage required.
(i) The following amendment to the North Dakota permanent regulatory
program, submitted to OSMRE April 3, 1987, is approved effective July 1,
1987: modifications to NDCC 38-14.1-16(2) concerning performance bond
amount; modifications to NDCC 38-14.1-16(7) concerning sufficiency of
surety; and modifications to 38-14.1-17(7) concerning criteria for
performance bond release.
(j) The following amendment to the North Dakota permanent regulatory
program, as submitted to OSMRE on February 10, 1987, and modified on
August 18, 1987, and December 14, 1987, is approved effective February
2, 1988, with the exceptions identified herein or in section 934.14:
Modifications to North Dakota Administrative Code (NDAC) Article
69-05.2-12, addressing performance bonds; NDAC 69-05.2-13-04,
addressing signs and markers; and NDAC 69-05.2-23, addressing
postmining land use.
(k) The following amendment to the North Dakota regulatory program,
as submitted to OSMRE on June 1, 1988, is approved effective March 10,
1989, provided North Dakota adopts the amendment in a form identical to
that submitted to and reviewed by OSMRE: Amendment X, which consists of
a policy document entitled ''Standards for Evaluation of Revegetation
Success and Recommended Procedures for Pre- and Post-mining Vegetation
Assessments.'' This document specifies the standards and procedures to
be used by mine operators and the regulatory authority in determinations
of revegetation success for bond release purposes.
(l) The following amendment to the North Dakota Regulatory Program,
as submitted to OSMRE on April 11, 1989, is approved effective August 4,
1989. Amendment XIII, which removes the two-acre exemption from NDCC
section 38-14.1-37 and revised NDCC section 38-14.1-39 to strengthen the
State statutes concerning appropriation of funds from performance bond
forfeiture.
(m) The following revisions to the North Dakota permanent regulatory
program, as submitted to OSM on November 1, 1988, and modified on
November 7, 1989, and December 20, 1989, are approved effective January
19, 1990: Amendment XI, which replaces all existing coal surface mining
reclamation rules promulgated as Article 69-05.2 of the North Dakota
Administrative Code with a new set of rules, consisting of Parts
69-05.2-01 through 69-05.2-31 of that code.
(n) The following provisions of the North Dakota Century Code (NDCC)
and North Dakota Administrative Code (NDAC), as submitted on November
20, 1990, and clarified on April 18, 1991, and September 6, 1991, are
approved effective January 9, 1992. The Director is approving the
revisions proposed for the following laws and rules: NDCC 28-32-02(3),
(4) (Rulemaking procedures); NDAC 69-05.2-01-02 (Definitions); NDAC
69-05.2-01-03(4), (5), (7) (Rulemaking procedures); NDAC
69.05.2-04-01(5)(b) (Areas unsuitable for mining); NDAC
69-05.2-05-06(1), (1d) (Permitting coordination with other laws); NDAC
Chapter 69-05.2-06 Sections: -01; -02(3)-(6) (Permit applications;
legal, financial, and related topics); NDAC Chapter 69-05.2-08
Sections: -05(2), (2C), (2e); -09(3b); -15 (Permit applications;
environmental resources); NDAC Chapter 69-05.2-09 Sections: -01(4);
-06(1), (2); -09(1)(c)(7-8), (1e), (2)(c-e), (h); -17(1), (2); -19(1)
(Permit applications, operations plans); NDAC Chapter 69-05.2-10
Sections: -03; -05(3a, e) (Permit applications, review and
approval/disapproval); NDAC 69-05.2-11-03 (Permit renewals); NDAC
Chapter 69-05.2-12 Sections: -01(4), (10); -12(3); -18; -20
(Performance bond and insurance); NDAC Chapter 69-05.2-13 Sections:
-08(2)-(6): -12(4); -13 (introduction) (Performance standards,
general); NDAC 69-05.2-15-04(4)(a)(2)(c) (redistribution of resoiling
material); NDAC Chapter 69-05.2-16 Sections: -03; -07(2a); -09(9),
(17), (18), (20, in part only); -12(1); -14(3); -20 (Performance
standards, hydrologic balance); NDAC Chapter 69-05.2-17 Sections
-01(2); -05(1) (Performance standards, use of explosives); NDAC
69-05.2-18-01 (12, deletion of (f)) (Performance standards, excess spoil
disposal); NDAC 69-05.2-20-03(1b, d), (3) (Coal processing waste dams
and embankments, design and construction); NDAC 69-05.2-22-07(4)(e)-(h)
and (i in part) (Revegetation success standards); NDAC 69-05.2-23-01
(Determining premining land use); NDAC Chapter 69-05.2-24 Sections:
-01 through -09 (Performance standards, roads); NDAC
69-05.2-25-03(2),(4) (Aluvial valley floors, monitoring); NDAC
69-05.2-26-05 (title),(3) (Prime farmland, revegetation and restoration
of productivity); and NDAC Chapter 69-05.2-28 Sections:
-03(title),(7); -16; -17; -18 (Individual civil penalties). The
following proposed provisions of the above amendment are not being
approved: the proposed revisions to NDAC 69-05.2-16-09(20) to the
extent that they would permit less than quarterly inspections for
impoundments that are not incised, do not meet the criteria of 30 CFR
77.216, and are not in hazardous locations; and the deletion of the
phrase ''that were not reclaimed to the requirements of this chapter''
at NDAC 69-05.2-22-07(4)(i).
(48 FR 5916, Feb. 9, 1983, as amended at 48 FR 51459, Nov. 9, 1983;
49 FR 29215, July 19, 1984; 50 FR 262, Jan. 3, 1985; 51 FR 5711, Feb.
18, 1986; 51 FR 37274, Oct. 21, 1986; 51 FR 44290, Dec. 9, 1986; 52
FR 43761, Nov. 16, 1987; 53 FR 2840, Feb. 2, 1988; 53 FR 39261, Oct.
6, 1988; 54 FR 10145, Mar. 10, 1989; 54 FR 32064, Aug. 4, 1989; 55 FR
1819, Jan. 19, 1990; 57 FR 826, Jan. 9, 1992)
30 CFR 934.16 Required regulatory program amendments.
(a) (Reserved)
(b) By March 20, 1990, North Dakota shall submit proposed revisions
to the policy document entitled ''Standards for Evaluation of
Revegetation Success and Recommended Procedures for Pre- and Postmining
Vegetation Assessments'' or otherwise propose to amend its program to
require that at least 80 percent of the trees and shrubs counted to
determine revegetation success have been in place for at least 60
percent of the 10-year period of revegetation responsibility.
(c) By June 8, 1989, North Dakota shall revise the policy document
entitled ''Standards for Evaluation of Revegetation Success and
Recommended Procedures for Pre- and Post-mining Vegetation Assessments''
to require that evaluations of ground cover success be valid at the 90
percent confidence level.
(d) By March 20, 1990, North Dakota shall submit proposed revisions
to the policy document entitled ''Standards for Evaluation of
Revegetation Success and Recommended Procedures for Pre- and Post-Mining
Vegetation Assessments'' to require that evaluations of the success of
woody plant stocking be statistically valid at the 90 percent confidence
level.
(e) By June 8, 1989, North Dakota shall submit proposed revisions to
the policy document entitled ''Standards for Evaluation of Revegetation
Success and Recommended Procedures for Pre- and Postmining Vegetation
Assessments'' or otherwise propose to amend its program to require that
revegetation success standards for woodlands and fish and wildlife
habitats be met for at least the last two consecutive years of the
revegetation responsibility period.
(f) By March 20, 1990, North Dakota shall submit proposed revisions
to the policy document entitled ''Standards for Evaluation of
Revegetation Success and Recommended Procedures for Pre- and Postmining
Vegetation Assessments'' to include tree and shrub stocking and
vegetative ground cover success standards for all types of shelterbelts
and require that trees and shrubs considered in determining revegetation
success in shelterbelts meet time-in-place and related requirements no
less effective than those established in 30 CFR 816.116(b)(3)(ii).
(g) By March 20, 1990, North Dakota shall submit proposed revisions
to the policy document entitled ''Standards for Evaluation of
Revegetation Success and Recommended Procedures for Pre- and Post-Mining
Vegetation Assessments'' to require that vegetative ground cover on
lands reclaimed to fish and wildlife habitat equal at least 90 percent
of the success standard.
(h) By June 8, 1989, North Dakota shall submit documentation that it
has obtained the concurrence of the appropriate State forestry and
wildlife agencies with the revegetation success standards for lands
reclaimed to fish and wildlife habitat, recreation, shelterbelt or
woodland uses, or shall submit proposed revisions to NDAC 69-05.2-22-07
and the policy document entitled ''Standards for Evaluation of
Revegetation Success and Recommended Procedures for Pre- and Post-mining
Vegetation Assessments'' or otherwise propose to amend its program to
require such concurrence on a permit-specific basis.
(i) By June 8, 1989, North Dakota shall submit proposed revisions to
the policy document entitled ''Standards for Evaluation of Revegetation
Success and Recommended Procedures for Pre- and Post-mining Vegetation
Assessments'' to alter the definition of augmentation practices to be
consistent with 30 CFR 816.116(c)(4).
(j) -- (k) (Reserved)
(l) By March 9, 1992, North Dakota shall submit a proposed definition
of the term ''road'' that will be applicable to the coal exploration
program.
(m) By March 9, 1992, North Dakota shall submit proposed revisions to
NDAC 69-05.2-06-02(3) or other revision to require the submission in
permit application of information on all types of violation notices.
(n) By March 9, 1992, North Dakota shall submit proposed revisions to
NDAC 69-05.2-08-15(3)(a) or other revision to require the submission of
site-specific fish and wildlife resource information when the permit or
adjacent areas are likely to include species listed or proposed to be
listed by North Dakota under State statutes similar to the Endangered
Species Act, to be no less effective than 30 CFR 780.16(a)(2)(i).
(o) By March 9, 1992, North Dakota shall submit proposed revisions to
NDAC 69-05.2-09-06 or other revision to require the plans, etc., for
transportation facilities other than roads demonstrate compliance with
NDAC 69-05.2-24-08.
(p) By March 9, 1992, North Dakota shall submit proposed revisions to
NDAC 69-05.2-09-09(2)(e) or other revision to include stability
requirements for impoundments that do not meet the criteria of 30 CFR
77.216(a) and are not located where failure would not be expected to
cause loss of life or serious property damage, to be no less effective
than the requirements of 30 CFR 780.25(c)(3).
(q) By March 9, 1992, North Dakota shall submit proposed revisions to
NDAC 69-05.2-10-03(1), to require permit denial for violations of, or
delinquent civil penalties under, any Federal or State program under
SMCRA, without temporal limitation, to be no less effective than 30 CFR
773.15(b)(1).
(r) By March 9, 1992, North Dakota shall submit proposed revisions to
NDAC 69-05.2-10-03(4) to require that all violations of Federal and all
State programs under the Act be considered for patterns of violations,
to be no less effective than 30 CFR 773.15(b)(3).
(s) By March 9, 1992, North Dakota shall submit proposed revisions to
NDAC 69-05.2-11-02(5)(d) to correct the cross-reference to reflect the
recodification of NDAC 69-05.2-10-03.
(t) By March 9, 1992, North Dakota shall submit proposed revisions to
NDAC 69-05.2-13-08(3) or other revision to prohibit surface coal mining
activities from being conducted in a manner that would result in the
unlawful taking of bald or golden eagles, their nests, or their eggs,
and to specify that nothing in the North Dakota program shall authorize
the taking of a bald or golden eagle, its nest, or its eggs in violation
of the Bald Eagle Protection Act.
(u) By March 9, 1992, North Dakota shall submit proposed revisions to
NDAC 69-05.2-16-09(20) or other revision to require quarterly
inspections of impoundments which are not incised and which do not meet
the criteria of 30 CFR 77.216 and are not located where failure would be
expected to cause loss of life or serious property would be expected to
cause loss of life or serious property damage, to be no less effective
than 30 CFR 816.49(a)(11).
(v) By March 9, 1992, North Dakota shall submit proposed revisions to
NDAC 69-05.2-20-03(3) or other revision to impose on impounding
structures constructed of or impounding coal mine waste design standards
no less effective than 30 CFR 816.84(e).
(w) By March 9, 1992, North Dakota shall submit proposed revisions to
the revegetation policy document entitled ''Standards for Evaluation of
Revegetation Success and Recommended Procedures for Pre- and Postmining
Vegetation Assessments'' to document U.S. Soil Conservation Service
consultation on the approved methodologies for measuring productivity on
prime farmlands.
(x) By March 9, 1992, North Dakota shall submit proposed revisions to
the revegetation policy document entitled ''Standards for Evaluation of
Revegetation Success and Recommended Procedures for Pre- and Postmining
Vegetation Assessments'' to document U.S. Soil Conservation Service
concurrence with the approved methods for determining yield standards
for prime farmlands.
(y) By March 9, 1992, North Dakota shall submit proposed revisions to
its program to make any violations, failures, or refusals applicable to
the North Dakota coal exploration program subject to individual civil
penalties.
(53 FR 2840, Feb. 2, 1988, as amended at 54 FR 10145, Mar. 10, 1989;
55 FR 1819, Jan. 19, 1990; 57 FR 827, Jan. 9, 1992)
30 CFR 934.20 Approval of North Dakota abandoned mine plan.
The North Dakota Abandoned Mine Plan as submitted on July 28, 1981,
is approved. Copies of the approved program are available at:
Office of Surface Mining Reclamation and Enforcement, Administrative
Record, 1100 L Street NW., Room 5131, Washington, DC 20240, Telephone:
(202) 343-5492
Office of Surface Mining Reclamation and Enforcement, 100 East ''B''
Street, Room 2128, Casper, Wyoming 82601-1918, Telephone: (307)
261-5776
North Dakota Public Service Commission, Reclamation Division,
Telephone: (701) 224-4096.
(53 FR 22479, June 16, 1988)
30 CFR 934.25 Amendment to approve North Dakota abandoned mine
reclamation plan.
The North Dakota Abandoned Mine Plan amendment submitted on March 4,
1983, is approved. The amendment to the plan submitted September 15,
1987, that clarifies the administrative and management structure to be
used in the State reclamation plan, is also approved effective July 18,
1988. Copies of the approved amendment are available at:
Office of Surface Mining Reclamation and Enforcement, Administrative
Record, 1100 L Street NW., Room 5131, Washington, DC 20240, Telephone:
(202) 343-5492.
Office of Surface Mining Reclamation and Enforcement, 100 East ''B''
Street, Room 2128, Casper, Wyoming 82601-1918, Telephone: (307)
261-5776.
North Dakota Public Service Commission, Reclamation Division, Capitol
Building, Bismarck, North Dakota 58505, Telephone: (701) 224-4096.
(53 FR 22479, June 16, 1988; 53 FR 26246, July 12, 1988)
30 CFR 934.30 State-Federal Cooperative Agreement.
30 CFR 934.30 Cooperative Agreement
This is a Cooperative Agreement (Agreement) between North Dakota
(State) acting by and through the North Dakota Public Service Commission
(Commission) and the Governor, and the United States Department of the
Interior (Interior), acting by and through the Secretary of the Interior
(Secretary) and the Office of Surface Mining (OSM).
A. Authority: This Agreement is authorized by section 523(c) of the
Surface Mining Control and Reclamation Act (Federal Act), Pub. L.
95-87, 30 U.S.C. 1273(c), which allows a State with a permanent
regulatory program approved under 30 U.S.C. 1253 to elect to enter into
an Agreement for the regulation and control of surface coal mining on
Federal lands, and by Chapter 38-14.1 of the North Dakota Century Code,
Reclamation of Surface Mined Lands (State Act). This Agreement provides
for State regulation of surface coal mining and reclamation operations
on Federal lands within North Dakota consistent with the State and
Federal Acts and the Federal lands program (section 523(a) of the
Federal Act and 30 CFR Chapter VII, Subchapter D).
B. Purpose: The purpose of the Agreement is to: (1) Foster
State-Federal cooperation in the regulation of surface coal mining and
reclamation operations; (2) eliminate unnecessary intergovernmental
overlap and duplication; and (3) provide uniform and effective
application of the State Program on all non-Indian lands in North
Dakota.
Following signing by the Secretary, the Governor, and the Commission,
the Agreement shall take effect upon publication in the Federal Register
as a final rule. This Agreement shall remain in effect until terminated
as provided in Article X.
In accordance with the Federal lands program in 30 CFR parts 740-746,
the laws, rules, terms, and conditions of North Dakota's Permanent State
Program (Program) (conditionally approved effective December 15, 1980,
30 CFR 934.11 or as hereinafter amended in accordance with 30 CFR
732.17) are applicable to Federal lands within North Dakota except as
otherwise stated in this Agreement, the Federal Act, 30 CFR 745.13, or
other applicable laws or rules and regulations. Orders and decisions
issued by the Commission in accordance with the State Program that are
reviewable shall be reviewed pursuant to section 38-14.1-30 of the North
Dakota Century Code. Orders and decisions issued by the Department that
are appealable shall be appealed to the Department of the Interior's
Office of Hearings and Appeals.
The Commission and the Secretary affirm that they will comply with
all of the provisions of this Agreement and will continue to meet all
the conditions and requirements specified in this Article.
A. Responsible Administrative Agency: The Commission is, and shall
continue to be, the sole agency responsible for administering this
Agreement on behalf of North Dakota on Federal lands throughout the
State. OSM shall administer this Agreement on behalf of the Secretary,
in accordance with the regulations in 30 CFR Chapter VII.
B. Authority of State Agency: The Commission has and shall continue
to have authority under State law to carry out this Agreement.
C. Funds: The State will devote adequate funds to the administration
and enforcement on Federal lands in North Dakota of the requirements
contained in the Program. If the State complies with the terms of this
Agreement, and if necessary funds have been appropriated, OSM shall
reimburse the State as provided in section 705(c) of the Federal Act and
30 CFR 735.16, for costs associated with carrying out responsibilities
under this Agreement. The grants procedures established in 30 CFR part
735 are applicable to funding under this Agreement. Reimbursement shall
be in the form of annual grants, and applications for grants shall be
processed and grants awarded in a prompt manner.
If sufficient funds have not been appropriated, OSM and the
Commission shall promptly meet to decide on appropriate measures that
will insure that surface coal mining and reclamation operations are
regulated in accordance with the Program.
D. Reports and Records: The Commission shall make annual reports to
OSM pursuant to 30 CFR 745.12(d), containing information respecting its
implementation and administration of the terms of this Agreement. The
Commission and OSM shall exchange, upon request, information developed
under this Agreement except where prohibited by Federal law. OSM shall
provide the Commission with a copy of any final evaluation report
concerning State administration and enforcement of this Agreement.
E. Personnel: The Commission shall provide the necessary personnel
to fully implement this Agreement in accordance with the provisions of
the Federal and State Acts and the State Program.
F. Equipment and Laboratories: The Commission shall assure itself
access to equipment, laboratories, and facilities with which all
inspections, investigations, studies, tests, and analyses can be
performed and which are necessary to carry out the requirements of this
Agreement.
G. Permit Application Fees and Civil Penalty Assessments: The amount
of the fee accompanying an application for a permit shall be determined
in accordance with section 38-14.1-13 of the State Act. All permit fees
and civil penalty assessments collected by the State from operators on
Federal lands shall be retained by the State and deposited with the
State Treasurer. These funds shall be disposed of in accordance with
Federal requirements in OMB Circular No. A-102, Attachment E. The
financial status report submitted pursuant to 30 CFR 735.26 shall
include a report of the amount of permit application fees collected and
attributable to Federal lands during the prior Federal fiscal year.
Application Package or an Application for a Permit
Renewal or Revision
A. Contents of Permit Application Package: The Commission and the
Secretary will require that an operator proposing to mine on Federal
land shall submit an identical permit application package in an
appropriate number of copies to the Commission and OSM. Any
documentation or information submitted by the operator for the sole
purpose of complying with the 3-year requirement of section 7(c) of the
Mineral Leasing Act (30 U.S.C. 181 et seq.) will be submitted directly
to the Bureau of Land Management, Department of the Interior. The
permit application package shall be in the form required by the
Commission and include any supplemental information required by the
Secretary. The permit application package shall satisfy the
requirements of 30 CFR Chapter VII, Subchapter D and shall include the
information required by, or necessary for, the Commission and the
Secretary, acting within their statutory authority, to make a
determination of compliance with:
(1) Chapter 38-14.1 and Chapter 38-18 of the North Dakota Century
Code;
(2) Article 69-05.2 of the North Dakota Administrative Code (NDAC);
(3) Applicable terms and conditions of the Federal coal lease;
(4) Applicable requirements of the Bureau of Land Management's 30 CFR
part 211 /1/ regulations pertaining to the Mineral Leasing Act; and
(5) Applicable requirements of other Federal laws and the Program,
including but not limited to those in Appendix A of this Agreement.
B. Review Procedures: 1. The Commission shall assume primary
responsibility for the analysis, review, and approval of permit
applications required by 30 CFR Chapter VII, Subchapter D for surface
coal mining on Federal lands in North Dakota. OSM shall, as requested,
assist the Commission in this analysis and review.
2. The Commission shall be the primary point of contact for operators
regarding the approval of the permit application package, except on
matters concerned exclusively with the 30 CFR part 211 /1/
regulations administered by the Bureau of Land Management. The
Commission will be responsible for informing the applicant of all joint
State-Federal or Federal determinations, except matters concerned
exclusively with the 30 CFR part 211 /1/ regulations. The Commission
shall send to the Bureau of Land Management all correspondence with the
applicant which may have a bearing on decisions regarding Mineral
Leasing Act requirements. Except in exigent circumstances, OSM shall
generally not independently initiate contacts with applicants regarding
completeness or deficiencies of permit application packages with respect
to matters which are properly within the jurisdiction of the Commission.
The Commission may arrange for an operator to send written
communications and documents regarding a permit application package
directly to OSM. The Secretary reserves the right to act independently
of the Commission to carry out his responsibilities under laws other
than the Federal Act. A copy of any independent correspondence with the
applicant required to carry out these responsibilities which may have a
bearing on decisions regarding the permit application package shall be
sent to the State.
3. OSM is responsible for ensuring that any information OSM receives
from an applicant regarding the permit application package is sent to
the Commission and the Commission will send any information received
from the applicant to OSM. OSM shall have access to Commission files
for mines on Federal lands. OSM and the Commission shall regularly
coordinate with each other during the permit application package review
process.
4. OSM shall be responsible for obtaining, in a timely manner, the
views of all Federal agencies with jurisdiction or responsibility over a
permit application package on Federal lands in North Dakota and for
making these views known to the Commission within 90 days of the receipt
of the application by OSM. The Commission shall keep OSM informed of
findings during the review which bear on the responsibilities of other
Federal agencies. OSM shall take appropriate steps to facilitate
discussions between the Commission and the concerned agencies wherever
desirable to resolve issues or problems identified in the review.
5. Upon receipt of a permit application package, both OSM and the
Commission shall each designate its application manager. The
application managers shall serve as the primary point of contact between
OSM and the Commission throughout the review process and shall be
responsible for identifying areas of avoidable duplication of review and
analysis, which shall be eliminated where possible. Not later than 15
days after an application has been received, OSM and the Commission
shall discuss the application and agree upon a work plan and schedule
for the review of the application. OSM shall thereafter inform the
Commission of any specific or general areas of concern, including the
scope of required environmental analyses under the National
Environmental Policy Act, which require special handling or analysis.
The Commission shall likewise inform OSM where OSM assistance will be
needed to perform any specific or general analysis or prepare any
studies or similar work.
6. The Commission shall prepare a technical-environmental analysis on
the permit application package. Copies of drafts of this document shall
be sent to OSM for review and comment. OSM shall independently evaluate
the documents and inform the Commission within 30 days of any changes
that should be made. The Commission shall consider the comments of OSM
and send a final technical-environmental analysis to OSM which will form
the basis for and be included in the decision document which OSM will
prepare for the Secretary's consideration. The Commission shall approve
or disapprove the permit application by written decision in accordance
with the Program. The Secretary's decision on the mining plan and those
other Federal responsibilities which cannot be delegated (including but
not limited to those listed in Appendix A) shall be made concurrently
with or as soon as possible after the final decision of the Commission
on the permit. The permit issued by the Commission shall condition the
initiation of surface coal mining operations on Federal lands within the
permit area on obtaining mining plan approval from the Secretary. The
Commission shall, in the approved permit, reserve the right to amend or
rescind its action to conform with action taken, or with terms or
conditions imposed, by the Secretary when approving the mining plan.
After the Commission makes its decision on the permit, it shall send a
notice to the applicant and OSM with a statement of findings and
conclusions in support of the action.
7. The Commission may approve and issue permits, permit renewals, and
permit revisions for surface disturbances associated with surface coal
mining and reclamation operations, and disturbance of the surface may
commence without need for an approved mining plan on lands where:
(a) The surface estate is non-Federal and non-Indian;
(b) The mineral estate is Federal and is unleased;
(c) The Commission consults with the Bureau of Land Management
through OSM in order to insure that actions are not taken which would
substantially and adversely affect the Federal mineral estate; and
(d) The proposed surface disturbances are planned to support surface
coal mining and reclamation operations on adjacent non-Federal lands and
this is specified in the permit, permit renewal, or permit revision.
8. Any permit renewal requested pursuant to applicable State laws and
rules for a surface coal mining and reclamation operation on Federal
lands, and for which a mining plan has been approved by the Secretary,
shall be reviewed and approved or disapproved by the Commission in
consultation with OSM for Federal responsibility under other laws. The
Commission shall inform OSM and BLM of the approval or disapproval of
the renewal and provide OSM and BLM with copies of the application
documents.
9. The Commission shall inform OSM of each permit revision request
with respect to surface coal mining and reclamation operations on
Federal lands containing leased Federal coal. For other Federal lands,
the Commission shall inform the Federal land management agency of each
permit revision request. Surface coal mining and reclamation operations
shall not occur pursuant to the revision unless the permit revision
request has been approved by the Commission and:
(a) With respect to Federal lands containing leased Federal coal --
(i) The Secretary has determined that the permit revision does not
constitute a mining plan modification, or
(ii) If the revision does constitute a mining plan modification, the
modification has been approved by the Secretary.
(b) With respect to other Federal lands, the Commission has consulted
with the Federal land management agency to ensure that the permit
revision is consistent with Federal laws and regulations other than the
Act.
10. When the Commission and OSM cannot resolve differences that
develop during permit application package review or cannot agree on the
final actions to be taken by the Commission and the Department, the
matter shall be referred to the Governor and the Secretary for
resolution.
The Commission shall conduct inspections on Federal lands and prepare
and file inspection reports in accordance with the approved Program.
A. Inspection Reports: The Commission shall, within 15 days of
conducting any inspection on Federal lands, file with OSM an inspection
report describing (1) the general conditions of the lands under the
permit; (2) whether the operator is complying with applicable
performance and reclamation requirements; and (3) the manner in which
specific operations are being conducted.
B. Commission Authority: The Commission shall be the point of
contact and primary inspection authority in dealing with the operator
concerning operations and compliance with the requirements covered by
this Agreement, except as described in this Agreement and the
Secretary's regulations. Nothing in this Agreement shall prevent
inspections by authorized Federal or State agencies for purposes other
than those covered by this Agreement.
C. OSM Authority: For the purpose of evaluating the manner in which
this Agreement is being carried out and to insure that performance and
reclamation standards are being met, OSM may conduct inspections of
surface coal mining and reclamation operations on Federal lands without
prior notice to the Commission. In order to facilitate a joint
Federal-State inspection, when OSM is responding to a citizen complaint
of an imminent danger to the health or safety of the public or of a
significant, imminent environmental harm pursuant to 30 CFR
842.11(b)(1)(i), it will contact the Commission if circumstances and
time permit, prior to the Federal inspection. The Department may
conduct any inspections necessary to comply with 30 CFR part 842 and 30
CFR 740.17 (as 30 CFR 740.17 relates to obligations under laws other
than the Federal Act). If an inspection is made without Commission
inspectors, OSM shall provide the Commission with a copy of the
inspection report within 15 days after the inspections.
D. Witness Availability: Personnel of the State and the Department
shall be mutually available to serve as witnesses in enforcement actions
taken by either party.
A. Commission Enforcement: The Commission shall have primary
enforcement authority on Federal lands in accordance with the Program
and this Agreement. During any joint inspection by OSM and the
Commission, the Commission shall take appropriate enforcement action,
including issuance of orders of cessation and notices of violation. OSM
and the Commission shall consult prior to issuance of any decision to
suspend or revoke a permit.
B. Notification: The Commission and OSM shall promptly notify each
other of all violations of applicable laws, regulations, orders,
approved mining and reclamation plans and permits subject to this
Agreement and of all actions taken with respect to such violations.
C. Secretary's Authority: (1) This Agreement does not affect or
limit the Secretary's authority to enforce violations of laws other than
the Federal Act. (2) During any inspection made solely by OSM or any
joint inspection where the Commission and OSM fail to agree regarding
the propriety of any particular enforcement action, OSM may take any
enforcement action necessary to comply with 30 CFR parts 843 and 845.
Such enforcement action shall be based on the substantive standards
included in the approved Program and shall be taken using the procedures
and penalty system contained in 30 CFR parts 843 and 845.
A. Bond Coverage and Terms: The Commission and OSM shall require all
operators on Federal lands to submit a single performance bond to cover
the operator's responsibilities under the Federal Act and the Program,
payable to both the United States and North Dakota. The performance
bond shall be of sufficient amount to comply with the requirements of
both State and Federal law and release of the performance bond shall be
conditioned upon compliance with all applicable requirements. If this
Agreement is terminated, the bond will continue in effect and to the
extent that Federal lands are involved will be payable to the United
States.
Submission of a performance bond does not satisfy the requirements
for a Federal lease bond required by 43 CFR Subpart 3474 or a lessee
protection bond required in addition to a performance bond, in certain
circumstances, by section 715 of the Federal Act.
B. Bond Release: The Commission shall obtain OSM's concurrence prior
to releasing the operator from any performance bonding obligation
required under the Program for any Federal lands containing leased
Federal coal. For surface coal mining and reclamation operations on
other Federal lands, the Commission shall obtain the concurrence of the
Federal land management agency prior to releasing the performance bond.
The Commission shall advise OSM of any release of and adjustments made
to the performance bond.
C. Forfeiture: The operator's performance bond shall be subject to
forfeiture with the consent of OSM, in accordance with the procedures
and requirements of the Program.
The Commission and OSM shall cooperate in the review and processing
of petitions to designate lands as unsuitable for surface coal mining
operations. When either agency receives a petition which could have an
impact on lands the designation of which as unsuitable for mining would
be the responsibility of the other agency, the agency shall: (1) Notify
the other of its receipt of the petition and of the anticipated schedule
for reaching a decision; and (2) request and fully consider data,
information and views of the other. The authority to designate Federal
lands as unsuitable for mining is reserved to the Secretary or his
designated representative.
This Agreement may be terminated as follows:
A. Termination by the State: The Agreement may be terminated by the
Commission upon written notice to the Secretary, specifying the date
upon which the Agreement shall be terminated. The date of termination
shall not be less than 90 days from the date of the notice.
B. Termination by the Secretary: This Agreement may be terminated by
the Secretary according to the following procedures:
1. A written notice from the Secretary to the Commission shall
specify the grounds upon which he proposes to terminate the Agreement.
In addition, a written notice containing the grounds for termination
shall be published in the Federal Register affording the Commission and
the public a minimum of 30 days for comment.
2. A written notice in the Federal Register and a local newspaper of
general circulation shall also specify the date and place within the
State of North Dakota where the Commission and the public shall be
afforded the opportunity for a hearing. The date of such hearing shall
not be less than 30 days from the date of publication in the Federal
Register. Prior to the time fixed for public hearing, representatives
of the Commission may be permitted to appear and confer in person with
representatives of the Secretary and present oral or written statements,
and any other documents relative to the proposed termination.
3. The proposed termination hearing shall be conducted by OSM and a
record shall be made of the hearing. The Commission shall be entitled
to have legal, and technical and other representatives present at the
hearing, and may present, either orally or in writing, evidence,
information, testimony, documents, records or materials as may be
relevant to the issues involved.
4. The Secretary's decision shall be made after the hearing and close
of the comment period.
5. A decision to terminate the Agreement may be made if the Secretary
finds in writing that:
(a) The Commission has substantially failed to comply with the
requirements of the Federal Act, 30 CFR parts 740-746, the Program, or
provisions of this Agreement; or
(b) The Commission has failed to comply with any undertaking by the
Commission in this Agreement upon which the approval of the Program,
this Agreement, or grants by OSM for administration or enforcement of
the Program or this Agreement were based.
6. The Secretary shall send written notice of the decision and
findings to the Commission and publish notice of it in the Federal
Register.
7. This Agreement shall terminate not less than 60 days after
publication of the notice of the decision to terminate in the Federal
Register. The Commission may remedy any failure during the 60-day
period. If the Secretary determines that the State has taken effective
remedial action, the Agreement will not terminate.
C. Termination by Operation of Law: This Agreement shall terminate
by operation of law under either of the following circumstances:
1. When no longer authorized by Federal law or North Dakota laws and
regulations; or
2. Upon termination or withdrawal of the Secretary's approval of the
Program pursuant to 30 CFR part 733.
D. Mutual Termination: This Agreement may be terminated at any time
upon mutual agreement by the Secretary and the Commission.
If this Agreement has been terminated as provided in Article X, it
may be reinstated upon application by the Commission and upon its giving
evidence satisfactory to the Secretary that the Commission can and will
comply with all the provisions of the Agreement and that the Commission
has remedied all defects in administration for which this Agreement was
terminated.
This Agreement may be amended by mutual agreement of the Commission
and the Secretary. An amendment proposed by one party shall be
submitted to the other with a statement of the reasons for such proposed
amendment. The amendment shall be adopted or rejected in accordance
with the requirements of 30 CFR 745.11. The party to whom the proposed
amendment is submitted shall signify its acceptance or rejection of the
proposed amendment and if rejected shall state the reason for rejection.
A. Time for Change: The Secretary or the State may from time to time
promulgate new Federal or State regulations, including new or revised
performance or reclamation requirements or enforcement or administration
procedures. OSM and the Commission shall immediately inform each other
of any final changes in their respective laws or regulations as provided
in 30 CFR part 732. Each party shall, if it is determined to be
necessary to keep this Agreement in force, change or revise its
regulations and request necessary legislative action. Such changes
shall be made under the procedures of 30 CFR part 732 for changes to the
Program and section 501 of the Federal Act for changes to the Federal
lands program.
B. Copies of Changes: The State and OSM shall provide each other
with copies of any changes to their respective laws, rules, regulations,
and standards pertaining to the enforcement and administration of this
Agreement.
The Commission and the Secretary shall, consistent with 30 CFR part
745, advise each other of changes in the organization, structure,
functions, duties, and funds of the offices, departments, divisions, and
persons within their organizations which could affect administration and
enforcement of this Agreement. Each shall promptly advise the other in
writing of changes in key personnel, including the head of a department
or division, or changes in the functions or duties of persons occupying
the principal offices within the structure of the program. The
Commission and OSM shall advise each other in writing of changes in the
location of offices, addresses, telephone numbers, and changes in the
names, location and telephone numbers of their respective mine
inspectors and the area within the State for which such inspectors are
responsible.
In accordance with 30 CFR 745.13, this Agreement shall not be
construed as waiving or preventing the assertion of any rights that have
not been expressly addressed in this Agreement that the State or the
Secretary may have under other laws or regulations, including but not
limited to those listed in Appendix A.
Terms and phrases used in this Agreement which are defined in 30 CFR
part 700, 701 and 740 shall be given the meanings set forth in those
definitions.
Approved:
James G. Watt, Secretary of the Interior.
Dated: August 11, 1983.
Allen I. Olson, Governor of North Dakota.
Dated: August 30, 1983.
Bruce Hagen, President, North Dakota Public Service Commission.
Dated: August 30, 1983.
Leo M. Reinbold, Commissioner, North Dakota Public Service
Commission.
Dated: August 30, 1983.
Dale Sandstrom, Commissioner, North Dakota Public Service
Commission.
Dated: August 30, 1983.
1. The Federal Land Policy and Management Act, 43 U.S.C. 1701, et
seq., and implementing regulations.
2. The Mineral Leasing Act of 1920, 30 U.S.C. 181, et seq., and
implementing regulations including 30 CFR part 211 et seq.
3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321, et
seq., and implementing regulations including 40 CFR 1500 et seq.
4. The Endangered Species Act, 16 U.S.C. 1531 et seq., and
implementing regulations including 50 CFR part 402.
5. The National Historic Preservation Act of 1966, 16 U.S.C. 470, et
seq., and implementing regulations, including 36 CFR part 800.
6. The Clean Air Act, 42 U.S.C. 7401, et seq., and implementing
regulations.
7. The Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq.,
and implementing regulations.
8. The Resource Conservation and Recovery Act of 1976, 42 U.S.C.
6901 et seq., and implementing regulations.
9. The Reservoir Salvage Act of 1960, amended by the Preservation of
Historical and Archaeological Data Act of 1974, 16 U.S.C. 469, et seq.
10. Executive Order 11593, Cultural Resource Inventories on Federal
Lands.
11. Executive Order 11988 (May 24, 1977), for flood plain protection.
Executive Order 11990 (May 24, 1977), for wetlands protections.
12. The Mineral Leasing Act for Acquired Lands, 30 U.S.C 351, et
seq., and implementing regulations.
13. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291, et seq.
14. The Archaeological Resources Protection Act of 1979, 16 U.S.C.
470aa., et seq.
15. The Constitution of the United States.
16. The Constitution of the State of North Dakota, State law, and
rules.
(48 FR 41395, Sept. 15, 1983, as amended at 53 FR 11501, Apr. 7,
1988)
/1/ Editorial Note: 30 CFR part 211 was redesignated as 43 CFR part
3480 at 48 FR 41589, Sept. 16, 1983.
30 CFR 934.30 PART 935 -- OHIO
Sec.
935.1 Scope.
935.10 State regulatory program approval.
935.11 Conditions of State regulatory program approval.
935.12 State program provisions disapproved.
935.15 Approval of regulatory program amendments.
935.16 Required regulatory program amendments.
935.20 Approval of Ohio Abandoned Mine Land Reclamation Plan.
935.25 Approval of Abandoned Mine Land Reclamation (AMLR) Plan
amendments.
935.30 State-Federal Cooperative Agreement.
Authority: 30 U.S.C. 1201 et seq.
30 CFR 935.1 Scope.
This part contains all rules applicable only within Ohio that have
been adopted under the Surface Mining Control and Reclamation Act of
1977.
(47 FR 34717, Aug. 10, 1982)
30 CFR 935.10 State regulatory program approval.
The Ohio State regulatory program as submtted on February 29, 1980,
and resubmitted on January 22, 1982, is conditionally approved,
effective August 16, 1982. Beginning on that date, the Department of
Natural Resources shall be deemed the regulatory authority in Ohio for
all surface coal mining and reclamation operations on non-Indian and
non-Federal lands. Only surface coal mining and reclamation operations
on non-Indian and non-Federal lands shall be subject to the provisions
of the Ohio permanent regulatory program. Copies of the approved
program, as amended, are available at:
(a) Division of Reclamation, Ohio Department of Natural Resources,
Fountain Square, Building B, Columbus, Ohio 43224; Telephone: (614)
265-6633.
(b) Office of Surface Mining, Room 5315, 1000 L Street, N.W.,
Washington, D.C. 20240; Telephone: (202) 343-4728.
(48 FR 23193, May 24, 1983)
30 CFR 935.11 Conditions of State regulatory program approval.
The approval of the Ohio State program is subject to the State
revising its program to correct the deficiencies listed in this section.
The program revisions may be made, as appropriate, to the statute, the
regulations, the program narrative, or the Attorney General's opinion.
This section indicates, for the general guidance of the State, the
component of the program to which the Secretary requires the change be
made.
(a)-(e) (Reserved)
(f) Steps will be taken to terminate the approval found in 935.10.
(g) (Reserved)
(h) Steps will be taken to terminate the approval found in 935.10:
(1) Unless Ohio submits to the Secretary by September 30, 1985, a
revised program amendment that demonstrates how the alternative bonding
system will assure timely reclamation at the site of all operations for
which bond has been forfeited.
(i)-(j) (Reserved)
(k) Steps will be initiated to terminate the approval found in
935.10.
(l)-(m) (Reserved)
(47 FR 34717, Aug. 10, 1982, as amended at 48 FR 1958, Jan. 17, 1983;
48 FR 23193, May 24, 1983; 48 FR 46027, Oct. 11, 1983; 48 FR 46531,
Oct. 13, 1983; 49 FR 18482, May 1, 1984; 49 FR 37590, Sept. 25, 1984;
49 FR 43953, Nov. 1, 1984; 50 FR 25710, June 21, 1985)
30 CFR 935.12 State program provisions disapproved.
The following provision of the Ohio permanent regulatory program
submission is hereby disapproved:
(a) (Reserved)
(b) OAC 1501:13-9-15(F)(4)(c) is not approved to the extent that it
does not require yields on restored cropland, which is not prime
farmland, to be restored to production levels representative of unmined
lands in the area being reclaimed.
(c) In OAC 1501:13-9-15(F)(12)(a), as submitted to OSMRE on April 17,
1987, the phrase ''and other locally accepted practices'' is
disapproved.
(51 FR 16679, May 6, 1986, as amended at 52 FR 23267, June 19, 1987;
52 FR 26971, July 17, 1987; 52 FR 29516, Aug. 10, 1987; 53 FR 7738,
Mar. 10, 1988; 53 FR 19286, May 27, 1988; 53 FR 51549, Dec. 22, 1988;
54 FR 7409, Feb. 21, 1989; 55 FR 38325, Sept. 18, 1990)
30 CFR 935.15 Approval of regulatory program amendments.
(a) The following amendment was approved effective January 17, 1983:
Ohio revised rule OAC 1501:13-1-01, adopted September 16, 1982.
(b) The following amendments were approved effective January 31,
1983: Ohio revised rules OAC 1501:13-1-07, 1501:13-4-03, 1501:13-4-04,
and 1501:13-4-05, adopted November 4, 1982.
(c) The following amendments were approved effective May 24, 1983:
(1) Ohio revised code (ORC), as amended by SB 240 and 323, adopted
March 18, 1983, with the following exceptions: ORC Sections
1513.01(G)(2), 1513.07(B)(2)(n), 1513.13(A)(1), 1513.13(C),
1513.16(A)(10)(b)(ii) and 1513.16(F).
(2) Ohio revised rules, submitted January 6, 1983.
(3) Ohio policy statements dated December 28, 1982.
(d) The emergency rulemaking effective May 2, 1983, by which the
original approved language of Ohio revised rule OAC 1501:13-1-02(E) was
re-adopted by the Ohio Division of Reclamation is approved effective May
2, 1983.
(e) The following amendments were approved effective October 13,
1983: Ohio Revised Code Sections 1513.01(G)(2), 1513.01(U),
1513.13(A)(1), 1513.13(C)(1) and 1513.13(C)(3), as amended by Am. Sub.
H.B. No. 291, enacted July 1, 1983.
(f) The following amendments submitted to OSM on June 10, August 11
and August 22, 1983, are approved effective upon promulgation of the
revised rules by the State, provided the rules are adopted in identical
form as submitted to OSM: Ohio Administrative Code Sections
1501:13-1-02, 13-4-04, 13-4-05, 13-4-13, 13-4-14, 13-9-04, 13-12-03, and
13-12-04.
(g) The following amendment submitted to OSM on January 30, 1984, is
approved effective upon promulgation of the revised rule by the State,
provided the rule adopted is identical to the rule as submitted to and
reviewed by OSM: Ohio Administrative Code Section 1501:13-4-13(K)(1).
(h) The following amendments submtted to OSM on February 8, 1984, are
approved effective upon promulgation of the rules by the State, provided
the rules adopted are identical to the rules as submitted to and
reviewed by OSM: Ohio Administrative Code Sections 1501:13-9-15(E)(5),
1513-101 (J), (K), and (L).
(i) The following amendment submitted to OSM on March 5, 1984, is
approved effective upon promulgation of the revised rules by the State,
provided the rules adopted are identical to the rules as submitted to
and reviewed by OSM: Ohio's blaster certification program, as contained
in Ohio Administrative Code Section 1501:13-14-05.
(j) The following amendment submitted to OSM on December 28, 1983, as
modified on April 25, 1984, is approved effective upon promulgation of
the revised rule by the State, provided the rule adopted is identical to
the rule as submitted to and reviewed by OSM: Ohio Administrative Code
Section 1501:13-14-01.
(k) The following amendments submitted to OSM on June 15, 1984, are
approved effective upon promulgation of the rules by the State, provided
the rules adopted are identical to the rules submitted to and reviewed
by OSM: Ohio Administrative Code sections 1501:13-4-04 (I) and (L);
1501:13-4-13 (I), (J), and (L); 1501:13-9-04 (B)(5) and (G)(15); and
Division Advisory Memo No. 31.
(l) The following amendment submitted to OSM on July 23, 1984, is
approved effective November, 1, 1984: Ohio Revised Code, contained in
Substitute House Bill No. 164.
(m) The following amendment submitted to OSM on March 9, 1984, as
modified on August 8, 1984, is approved effective upon promulgation of
the revised rule by the State, provided the rule adopted is identical to
the rule submitted to and reviewed by OSM: Ohio rule
1501:13-4-13(E)(2).
(n) The following amendment submitted to OSM on September 17, 1984,
is approved effective upon promulgation of the revised rule by the
State, provided the rule is adopted in identical form as submitted to
OSM: Ohio Administrative Code Section 1501:13-2-15.
(o) The following amendment submitted to OSM on July 10 and 23, 1984,
and modified on November 26, 1984, is approved effective upon
promulgation of the revised rule by the State, provided the rule is
adopted in identical form as submitted to and reviewed by OSM: Ohio
Administrative Code Section: 1501:13-9-06, (Standards for Use of
Explosives).
(p) The following amendments submitted to OSM on July 11, 1984, and
modified on August 24, 1984 and February 27, 1985, are approved
effective upon promulgation of the revised rules by the State, provided
the rules are adopted in identical form as submitted to OSM: Ohio
Administrative Code Sections 1513-3-01 through 1513-3-22.
(q) The following amendments submitted to OSM on July 23, 1984, and
modified on April 3, 1985, are approved effective upon promulgation of
the revised rules by the State, provided the rules are adopted in
identical form as submitted to OSM: Ohio Administrative Code Section
1501:13-14-01.
(r) The following amendments submitted to OSM on July 3, 1985, are
approved effective upon promulgation of the revised rules by the State,
provided the rules are adopted in identical form as submitted to OSM:
Ohio Administrative Code Sections 1513-3-01 through 1513-3-22.
(s) The following amendments submitted to OSMRE on November 15, 1985,
are approved effective upon enactment of the statutory revisions by the
State, provided the amendments as enacted are identical to those
submitted to OSMRE: Ohio Revised Code, 1513.07, 1513.33, and 1513.37.
(t) The following amendments submitted to OSMRE on January 15, 1986,
as modified on March 7, 1986, are approved effective May 6, 1986: Ohio
Administrative Code, sections 1513-3-01, 1513-3-02, 1513-3-03,
1513-3-04, 1513-3-16, and 1513-3-17.
(u) The following amendments submitted to OSMRE on November 15, 1985
and reconciled on March 4, 1986, are approved effective June 9, 1986.
Ohio Revised Code 1513.02, 1513.07, 1513.08, 1513.10, 1513.16, 1513.18,
1513.20, 1513.25, 1513.27, 1513.28, 1513.29, 1513.30, 1513.32, 1513.33,
1513.37, 1513.181, 5749.02, and 5749.021.
(v) The following amendments submitted to OSMRE on October 26, 1985,
are approved effective July 17, 1986. Ohio Administrative Code,
sections 1501:13-3-05, 1501:13-4-04, 1501:13-9-04, and 1501:13-4-13.
(w) The following amendment submitted to OSMRE on November 6, 1984,
and revised on May 19, 1986, is approved effective July 28, 1986. Ohio
Administrative Code, section 1501:13-14-03.
(x) The following amendments submitted to OSMRE on March 3, 1986, as
modified on June 23, 1986, are approved subject to the required
amendment set forth at 30 CFR 935.16(b). This approval is effective
September 18, 1986: Ohio Administrative Code, sections 1501:13-4-05,
1501:13-4-14 and 1501:13-9-07.
(y) The following amendment submitted to OSMRE on July 10, 1986, is
approved effective October 29, 1986. Ohio Administrative Code, section
1501:13-9-06, use of explosives.
(z) The following amendment submitted to OSMRE on October 8, 1986, is
approved effective upon promulgation of the revised rule by the State,
provided the rule is adopted in identical form as submitted to OSMRE:
Ohio Administrative Code (OAC) section 1501:13-9-07.
(aa) The following amendments were approved effective June 19, 1987:
Ohio Administrative Code (OAC) 1501:13-7-03(B)(5)(g) and
1501:13-7-03(B)(7)(h) changing sixty to ninety days.
(bb) With the exception of those provisions identified in section
935.12 of this part, Program Amendment Number 25, as submitted to OSMRE
on May 16, 1986, and revised on December 1, 1986, is approved effective
July 17, 1987, provided Ohio promulgates these regulations and enacts
these statutory revisions in a form identical to that submitted to
OSMRE. The amendment consists of the following modifications to the
Ohio program:
(1) Revision of the following rules of Chapter 1501 of the Ohio
Administrative Code:
13-1-01 Effective Date and Applicability.
13-1-02 Definitions.
13-1-10 Availability of Records.
13-3-03 Areas Where Mining is Prohibited or Limited.
13-3-04 Procedures for Identifying Areas Where Mining is Prohibited
or Limited.
13-3-05 Criteria for Designating Areas Unsuitable for Coal Mining
Operations.
13-3-06 Exploration on Land Designated As Unsuitable for Coal Mining
Operations.
13-3-07 Procedures for Designating Areas Unsuitable for Coal Mining
Operations.
13-4-01 General Contents Requirements for Permit Applications.
13-4-02 Requirements of Coal Exploration.
13-4-03 Permit Applications; Requirements for Legal, Financial,
Compliance and Related Information.
13-4-04 Permit Application Requirements for Information on
Environmental Resources.
13-3-05 Permit Application Requirements for Reclamation and
Operations Plans.
13-4-06 Permit Applications, Revisions, and Renewals, and Transfers,
Assignments, and Sales of Permit Rights.
13-4-08 Hydrologic Map and Cross Sections.
13-4-12 Requirements for Permits for Special Categories of Mining.
13-4-13 Underground Mining Permit Application Requirements for
Information on Environmental Resources.
13-4-14 Underground Mining Permit Application Requirements for
Reclamation and Operations Plans.
13-5-01 Review, Public Participation, and Approval or Disapproval of
Permit Applications and Permit Terms and Conditions.
13-6-03 Small Operator Assistance Program.
13-7-01 General Requirements for Bonding of Coal Mining and
Reclamation Operations.
13-7-02 Amount and Duration of Performance Bond.
13-7-03 Form, Conditions, and Terms of Performance Bonds.
13-7-04 Self-Bonding.
13-7-05 Procedures, Criteria, and Schedule for Release of Performance
Bond.
13-7-06 Performance Bond Forfeiture Criteria and Procedures.
13-7-07 Liability Insurance.
13-8-01 Coal Exploration; Performance Standards.
13-9-01 Signs and Markers.
13-9-04 Protection of the Hydrologic System.
13-9-06 Use of Explosives.
13-9-08 Protection of Underground Mining.
13-9-09 Disposal of Coal Mine Wastes and Noncoal Mine Wastes.
13-9-10 (formerly 13-14-05) Training, Examination, and Certification
of Blasters.
13-9-11 Protection of Fish, Wildlife, and Related Environmental
Values.
13-9-13 Contemporaneous Reclamation.
13-9-14 Backfilling and Grading.
13-9-15 Revegetation.
13-10-01 Roads; Performance Standards.
13-13-02 Auger Mining; Additional Performance Standards.
13-13-03 Operations on Prime Farmland.
13-13-04 Mountaintop Removal Mining.
13-13-05 Steep Slope Mining.
13-13-06 Coal Preparation Plants and Support Facilities Not Located
at or near the Mine Site or Not within the Permit Area for a Mine.
13-14-01 Inspections.
13-14-02 Enforcement.
13-14-03 Civil Penalties.
13-14-04 Petitions for Award of Costs and Expenses.
(2) Addition of the following rules to Chapter 1501 of the Ohio
Administrative Code:
13-1-13 Rule References.
13-7-08 Bond Release Conference.
13-14-05 Informal Conferences.
(3) Deletion of the following rules from Chapter 1501 of the Ohio
Administrative Code:
13-1-07 Applicability.
13-3-02 Definitions -- Valid Existing Rights.
13-13-08 Dams Constructed of Waste Materials.
(4) Revision of Rule 1513-3-03 of the Ohio Administrative Code to
prohibit ex parte contacts between the Reclamation Board of Review and
representatives of parties appearing before it.
(5) Revision of Rule 1513-3-08 of the Ohio Administrative Code to
prohibit the granting of temporary relief when the relief sought is the
issuance of a denied permit application.
(6) Revision of paragraphs (H)(2) and (H)(3) of section 1513.16 of
the Ohio Revised Code to delete provisions for automatic approval of
bond release applications if the Chief fails to act upon them within
specified timeframes.
(7) Revision of paragraph (F) of section 1513.18 of the Ohio Revised
Code to delete language allowing the State to delay reclamation of
forfeiture sites until all collection efforts have been exhausted.
(cc) The following amendments submitted to OSMRE on January 28, 1987,
were approved effective August 10, 1987: Ohio Administrative Code
sections 1513-3-02, 1513-3-03, 1513-3-04, 1513-3-08, 1513-3-19, and
1513-3-21.
(dd) The following amendment submitted to OSMRE on June 26, 1987 is
approved effective December 9, 1987: Addition of the definition of
''higher or better uses'' to Ohio Administrative Code Section
1501:13-1-02.
(ee) The following amendment concerning the treatment and protection
of historic properties and the definition of ''fragile lands,'' as
submitted to OSMRE on October 16, 1987, is approved effective May 27,
1988: Revisions to the following provisions of Chapter 1501 of the Ohio
Administrative Code: 13-1-02(M), (PP) and (YY); 13-3-03 (C) and (G);
13-3-04(E); 13-4-01(B); 13-4-04 (A) and (K)(7); 13-4-05(K); 13-4-13
(A) and (K)(7); 13-4-14(J) and 13-5-01(E)(16).
(ff) The following amendments concerning the award of costs and
attorney's fees by the Ohio Reclamation Board of Review, as submitted to
OSMRE on March 24, 1988, are approved effective July 14, 1988:
Revisions of the following provisions of Chapter 1513 of the Ohio
Administrative Code: 1513-3-21(E) (3), (4), and (5).
(gg) With the exception of the provision noted in 935.12 of this
part, the following amendment, as submitted to OSMRE on May 24, 1988, is
approved effective December 22, 1988: Program Amendment Number 34,
which consists of revisions to the following rules of Chapter 1501 of
the Ohio Administrative Code: 13-1-02, 13-4-03, 13-4-04, 13-4-05,
13-4-13, 13-4-14, 13-7-03, 13-7-04, 13-7-05, 13-9-04, 13-9-07, 13-9-09,
13-9-14, 13-9-15, 13-10-01, 13-14-02 and 13-14-05. The revisions affect
a number of program areas, including definitions; permit application
requirements and informal conference procedures; bonding and bond
release requirements; precipitation event design standards;
performance standards for excess spoil and mine waste disposal,
backfilling and grading, impoundments, water monitoring and
revegetation; and enforcement procedures for show-cause orders.
(hh) The following amendment concerning liability insurance, as
submitted to OSMRE on August 23, 1988, is approved effective December
22, 1988: Revision of paragraph (B) of Rule 1501:13-7-07 of the Ohio
Administrative Code.
(ii) Except as noted herein, the following amendment concerning coal
exploration activities, as submitted to OSMRE on March 8 and July 1,
1988, is approved effective January 30, 1989. Program Amendment Number
33, which consists of revisions of the following paragraphs of Rule
13-4-02 of Chapter 1501 of the Ohio Administrative Code: (B)(1)(b),
(B)(1)(c), (C)(1), (C)(1)(a) (except to the extent that Ohio has
indicated it intends to interpret this paragraph as authorizing the
regulatory authority to determine whether road construction constitutes
a substantial disturbance on the basis of the degree to which the road
would be used rather than the potential environmental impact of the
actual construction and its aftermath, and (E)(2).
(jj) With the exception noted herein and in 935.12 of this part, the
following amendment concerning revegetation success standards and
husbandry practices, as submitted to OSMRE on April 17, 1987, and as
clarified on November 2, 1987, and July 6, 1988, is approved effective
February 21, 1989: Revisions to the following paragraphs of Rule
13-9-15 of Chapter 1501 of the Ohio Administrative Code: (A)(1)(a),
(F)(8), (F)(8)(e)(i), (F)(8)(f)(i), (F)(9), (F)(10), (F)(11) and
(F)(12), except for the phrase ''and other locally accepted practices''
in paragraph (F)(12)(a).
(kk) The following amendment, as submitted to OSM on November 3,
1987, with additional information submitted on December 27, 1988 and May
4, 1989 is approved effective December 15, 1989: Revisions to the
procedure used to obtain county average yields which supports the
requirements of OAC 1501:13-9-15(F)(4)(c).
(ll) With the exception noted herein, the following amendment, as
submitted to OSM on January 26, 1989 and amended on December 13, 1989,
is approved effective (January 31, 1990): Revisions to the following
paragraphs of Rule 13-9-15 of chapter 1501 of the Ohio Administrative
Code: (A)(1)(a), (F), (G), (H), (I)(2)(c), (I)(4)(c), (I)(8),
(I)(8)(b), (I)(8)(f)(i), and (I)(9) except for the phrase ''and other
locally accepted practices'' in paragraph (I)(2)(c)(i) and (I)(2)(c)(ii)
to the extent that rills and gullies will not be universally considered
non-augmentative.
(mm) The following amendment, as submitted to OSM on October 2, 1989,
is approved effective April 20, 1990: Amendment No. 40, which concerns
revisions to the Ohio regulatory program and the Ohio abandoned mine
lands program. At Ohio Revised Code (ORC) sections 1513.02(J),
1513.18(H), 1513.24, and 1513.37(J) concerning Average Wage Rates for
Reclamation Contractors; ORC 1513.08(A) and 1513.18 (B) and (C),
concerning administrative and design costs for reclamation of forfeited
areas; and ORC 1513.18(F) concerning prohibition against delaying
reclamation.
(nn) The following amendment to the Ohio permanent regulatory
program, as submitted by letter dated August 11, 1989, is approved,
effective June 5, 1990. Amendment RBR 5, which consists of revisions
to the Ohio Revised Code (ORC) at 1513.05, 1513.13 (E) and (F) and the
Ohio Administrative Code (OAC) at OAC 1513-3-21, and which concern the
Reclamation Board of Review.
(oo) The following amendments to the Ohio regulatory program, as
submitted to OSM on December 5, 1989, are approved, with the exceptions
noted herein, effective July 20, 1990: Amendment No. 42 which concerns
revisions to the Ohio regulatory program bonding and bond release
provisions at Ohio Administrative Code (OAC) sections
1501:13-7-01(A)(4), (A)(5), and (A)(6)(a)(i) and (ii);
1501:13-7-05(A)(1), (A)(2)(b), (A)(2)(b)(iv), (A)(2)(c)(ii), (B)(2)(c),
and (B)(4) to (B)(4)(e). Action is being deferred on the proposed
provisions at OAC 1501:13-7-01(A)(4), 1501:13-7-01-(A)(5), and
1501:13-7-05(B)(4) which would add a reference to those provisions of
rule OAC 1501:13-7-09, pending the outcome of OSM's review of Ohio's
Program Amendment No. 32 which contains the proposed program amendments
at OAC 1501:13-7-09.
(pp) Program Amendment Number 36, as submitted to OSM on October 20,
1988, and as clarified on February 24, 1989, is approved effective July
25, 1990. The amendment consists of modifications to chapter 1501 of
the Ohio Administrative Code at: 13-3-07(B)(8); 13-4-01(B);
13-7-01(A)(6)(c)(ii); 13-7-05 (A)(3), (A)(5)(b)(i), and (B)(2)(e); and
13-9-07(K)(1)(b).
(qq) The following amendment to the Ohio permanent regulatory
program, as submitted by letter dated May 11, 1990, is approved
effective August 21, 1990. Revisions to the Ohio Administrative Code at
OAC 1501:13-7-06(F) concerning reclamation by the surety after
performance bond forfeiture.
(rr) The following amendment to the Ohio permanent regulatory
program, as submitted by letter dated January 20, 1989, and revised and
resubmitted on August 16, 1989, and May 8, 1990, is approved effective
September 24, 1990: Amendment No. 37 Revised, which concerns alternate
effluent limitations for the remining of previously mined areas with
pollutional discharges, and which consists of revisions to the Ohio
Revised Code (ORC) at sections 1513.07 and 1513.16, and the addition of
the following rules of chapter 1501 of the Ohio Administrative Code:
13-4-15(A) General.
13-4-15(B) Definitions.
13-4-15(C) Applicability.
13-4-15(D) Application for Authorization.
13-4-15(E) Approval or Denial by the Chief.
13-4-15(F) Performance Standards.
13-4-15(G) Treatment of Discharges.
13-4-15(H) Request for Bond Release.
13-4-15(I) Criteria and Schedule for Release of Bonds on Pollution
Abatement Area.
(ss) With the exception of the proposed amendment at OAC
1501:13-1-02(HHHH) concerning the definition of ''previously mined
area'' which is less stringent than the general provisions of SMCRA, and
the administrative record information submitted in lieu of a rule
concerning excluding wildlife from toxic ponds which is less effective
than the Federal regulations at 30 CFR 816.97(e)(4), the following
amendment, as submitted to OSM on March 1, 1989, and revised and
resubmitted on February 22, 1990, is approved effective September 18,
1990. Revised Program Amendment Number 39, which consists of revisions
to the following rules of chapter 1501 of the Ohio Administrative Code
(OAC): 13-1-02, 13-1-03, 13-4-14, 13-5-01, 13-7-04, 13-7-05, and
13-9-11, and adds a new rule at 13-14-06.
(tt) The following amendment to the Ohio regulatory program, as
submitted to OSM on May 11, 1990, and clarified on October 30, 1990, and
January 18, 1991, is approved, effective February 21, 1991: The
continuation of Revised Program Amendment Number 29 which amends
provisions of the Ohio regulatory program revegetation rules concerning
nonaugmentative practices at Ohio Administrative Code (OAC) section
1501:13-9-15(I)(2)(c)(ii).
(uu) The following amendment to the Ohio regulatory program, as
submitted by letter dated December 7, 1990, is approved effective
February 26, 1991. Amendment No. 47 which consists of revision to the
Ohio Administrative Code (OAC) at 1501:13-10-01(G)(1) concerning the
certification by surveyors or primary road designs and construction or
reconstruction.
(vv) The following amendment to the Ohio regulatory program, as
submitted to OSM on June 15, 1990, and amended on November 15, 1990, is
approved effective April 19, 1991: Revised Program Amendment Number 41
which revises provisions of the Ohio regulatory program at Ohio
Administrative Code (OAC) sections 1501:13-4-03(A), (B), and (C),
1501:13-5-01(D) and letter of interpretation dated April 1, 1991
(Administrative Record Number OH-1498), (E)(8), (F), (G)(5), and (H)(5),
and 1501:13-14-02(A)(8) concerning control and ownership; 1501:13-5-02
concerning improvidently issued permits; 1501:13-14-02(C)(7),
(D)(1)(c), and (I) concerning enforcement activities; and
1501:13-5-01(A)(4)(a) concerning public inspection of permit
applications; and revision of paragraph (E)(6) of section 1513.07 of
the Ohio Revised Code to delete language inconsistent with Ohio's rules
regarding ownership and control.
(ww) The following amendment to the Ohio regulatory program, as
submitted to OSM on January 31, 1991, is approved, effective May 21,
1991. Amendment Number 49 which amends provisions of the Ohio
regulatory program concerning topsoil handling at Ohio Administrative
Code (OAC) section 1501:03-9-13.
(xx) The following amendment to the Ohio permanent regulatory
program, as submitted by letter dated March 1, 1991, is approved
effective May 30, 1991: The continuation of Revised Program Amendment
Number 39 which adds a new rule concerning excluding wildlife from toxic
ponds at Ohio Administrative Code (OAC) Section 1501:13-9-11(D)(3).
(yy) The following amendment to the Ohio regulatory program, as
submitted to OSM on January 31, 1991, and clarified by the May 9, 1991,
letter is approved, effective October 1, 1991: Amendment Number 50
which consists of a revision to the Ohio Revised Code (ORC) at 1513.07
paragraph (B)(4) and Ohio Administrative Code (OAC) at 1501:13-6-03
paragraphs (C)(1)(b), (I)(1)(d), and (I)(1)(e) which concern the maximum
annual coal production under which a mine operator is eligible for
participation in the Small Operator Assistance Program (SOAP).
(zz) The following amendment to the Ohio regulatory program, as
originally submitted by letter dated January 31, 1989, later revised and
submitted by letter dated August 10, 1989, and clarified on July 18,
1990, August 24, 1990, and August 1, 1991, is approved effective October
21, 1991: Revised Amendment Number 38 which consists of revisions to
the Ohio Administrative Code (OAC) at Section 1501:13-12-03 concerning
subsidence control.
(aaa) The following amendment to the Ohio regulatory program, as
submitted to OSM on August 23, 1991, is approved effective (December 9,
1991: Amendment Number 52 which consists of a revision to the Ohio
Administrative Code at 1501:13-14-02 paragraph (A)(2) to delete the
provision that reclamation operations conducted without a coal mining
permit cause or are likely to cause significant environmental harm.
(bbb) The following amendment to the Ohio regulatory program, as
submitted to OSM on October 12, 1990, and revised on April 15, 1991, and
August 30, 1991, is approved, effective April 13, 1992: Revised
Amendment Number 46 which consists of revisions to the Ohio Revised Code
(ORC) at 1513.01 paragraph (G) (1)(a) and Ohio Administrative Code (OAC)
at 1501:13-1-02(S)(1)(a) and 1501:13-14-01 and the addition of two new
rules at OAC 1501:13-4-16 and 1501:13-5-03 which concern the extraction
of coal incidental to the extraction of other minerals.
(ccc) The following amendment to the Ohio permanent regulatory
program, as submitted by letter dated November 16, 1987, is approved
with the exceptions identified herein, effective April 13, 1992:
Amendment Number 32 which consists of revisions to the Ohio Revised Code
(ORC) at 1513.07 paragraphs (E)(5) and (E)(6) concerning the
discretionary denial of permits and at 1513.16 paragraph (F)(3)(b)
concerning the Phase II bond release for all or part of an area under a
permit. The following revisions to the ORC and the Ohio Administrative
Code (OAC) regarding the creation of a coal mining performance bond fund
as submitted by letter dated November 16, 1987, and with subsequent
revisions are not being approved: ORC 1513:081 and 1513.08(B) and OAC
1501:13-7-09.
(48 FR 23193, May 24, 1983)
Editorial Note: For Federal Register citations affecting 935.15,
see the List of CFR Sections Affected in the Finding Aids section of
this volume.
30 CFR 935.16 Required regulatory program amendments.
Pursuant to 30 CFR 732.17, Ohio is required to submit for OSMRE's
approval the following proposed amendment by the date specified.
(a) -- (b) (Reserved)
(c) By June 1, 1990, Ohio shall submit a proposed amendment to OAC
1501:13-9-15(I)(2)(c)(i) to remove the phrase ''and other locally
accepted practices'' or otherwise propose to amend its program to
clarify that all normal husbandry practices must be approved by OSM
pursuant to 30 CFR 732.17.
(d) -- (e) (Reserved)
(f) By May 31, 1990, Ohio shall amend its program to include a
statistically valid technique for the evaluation of revegetation success
to augment or replace its current method to be as effective as the
Federal rules at 30 CFR 816.116(a).
(g) -- (h) (Reserved)
(51 FR 16679, May 6, 1986, as amended at 52 FR 6797, Mar. 5, 1987;
52 FR 23267, June 19, 1987; 52 FR 26972, July 17, 1987; 52 FR 29516,
Aug. 10, 1987; 53 FR 7738, Mar. 10, 1988; 53 FR 19286, May 27, 1988;
53 FR 51550, Dec. 22, 1988; 54 FR 7409, Feb. 21, 1989; 54 FR 51397,
Dec. 15, 1989; 55 FR 3223, Jan. 31, 1990; 55 FR 38326, Sept. 18, 1990;
56 FR 6985, Feb. 21, 1991; 56 FR 24345, May 30, 1991)
30 CFR 935.20 Approval of Ohio Abandoned Mine Land Reclamation Plan.
The Ohio Abandoned Mine Land Reclamation Plan, as submitted on
October 20, 1980, and as revised November 21, 1980, November 2, 1981,
and January 22, 1982, is approved effective August 10, 1982. Copies of
the approved plan are available at:
Ohio Department of Natural Resources, Division of Reclamation,
Building H-2, 1855 Fountain Square Court, Columbus, Ohio 43224
Office of Surface Mining Reclamation and Enforcement, 2242 South
Hamilton Road, Columbus, Ohio 43232
Office of Surface Mining Reclamation and Enforcement, Administrative
Records Office, 1100 L Street, NW., Room 5205, Washington, DC 20240.
(52 FR 30668, Aug. 17, 1987)
30 CFR 935.25 Approval of Abandoned Mine Land Reclamation (AMLR) Plan
amendments.
(a) The AMLR Plan Amendment as submitted on January 6, 1983, is
approved effective May 24, 1983.
(b) The AMLR Plan Amendment as originally submitted on April 2, 1984,
and subsequently revised October 10, 1984, is approved effective
November 19, 1984.
(c) The AMLR Plan Amendment as originally submitted August 20, 1986,
is approved.
(d) The AMLR Plan Amendment as originally submitted on October 2,
1989, is approved.
(52 FR 30668, Aug. 17, 1987, as amended at 55 FR 14972, Apr. 20,
1990)
30 CFR 935.30 State-Federal Cooperative agreement.
The Governor of the State of Ohio, acting through the Department of
Natural Resources, Division of Reclamation (Division), and the Secretary
of the Department of the Interior, acting through the Office of Surface
Mining Reclamation and Enforcement (OSMRE), enter into a Cooperative
Agreement (Agreement) to read as follows:
Administrative Agency
A. Authority: This Agreement is authorized by section 523(c) of the
Surface Mining Control and Reclamation Act (Act), 30 U.S.C. 1273(c),
which allows a State with a permanent regulatory program approved by the
Secretary under 30 U.S.C. 1253, to elect to enter into an Agreement with
the Secretary of the Department of the Interior for State regulation of
surface coal mining and reclamation operations on Federal lands. This
Agreement provides for State regulation of surface coal mining and
reclamation operations and of coal exploration operations not subject to
43 CFR part 3480, subparts 3480 through 3487, on Federal lands in Ohio
which are under the jurisdiction of the United States Department of
Agriculture, Forest Service, except those lands containing leased
Federal coal, consistent with State and Federal laws governing such
activities in Ohio, the Federal lands program (30 CFR parts 740-745) and
the Ohio State program (approved State program).
B. Purpose: The purpose of this Agreement is to (a) foster
Federal-State cooperation in the regulation of surface coal mining and
reclamation operations; (b) eliminate intergovernmental overlap and
duplication; and (c) provide uniform and effective application of the
approved State program on all lands in Ohio, except those containing
leased Federal coal, in accordance with the Act, the approved State
program, and this Agreement.
C. Responsible Administrative Agencies: The Division shall be
responsible for administering this Agreement on behalf of the Governor.
The Assistant Secretary, Land and Minerals Management, acting through
OSM, shall administer this Agreement on behalf of the Secretary in
accordance with the regulations in 30 CFR Chapter VII. The Federal
lands in Ohio covered by this Agreement are only those under the
jurisdiction of the United States Department of Agriculture, Forest
Service (Forest Service) and include all or parts of the Wayne National
Forest. It is understood by both parties that the Forest Service will
continue to be involved in mining operations on its respective lands
pursuant to its laws, regulations, agreements and restrictions. These
requirements are in addition to the requirements discussed in this
Agreement.
After it has been signed by the Secretary and the Governor, this
Agreement shall be effective upon publication in the Federal Register as
a final rule. This Agreement shall remain in effect until terminated as
provided in Article V.B. or X.
Any terms and phrases used in this Agreement which are defined in the
Act, 30 CFR parts 700, 701, and 740, or the approved State program shall
be given the meanings set forth in said definitions. Where there is a
conflict between the above referenced State and Federal definitions, the
definitions used in the approved State program will apply, except in the
case of a term or phrase which defines the Secretary's non-delegable
responsibilities under the Act and other laws.
In accordance with the Federal lands program in 30 CFR parts 740-745,
the laws, regulations, terms and conditions of the approved State
program (conditionally approved on August 10, 1982, 30 CFR part 935, or
as hereinafter amended in accordance with 30 CFR 732.17) are applicable
to surface coal mining and reclamation operations on Federal lands in
Ohio except as otherwise stated in this Agreement, the Act, 30 CFR
745.13, or other applicable laws or regulations.
This Agreement does not apply to surface coal mining and reclamation
operations on lands containing leased Federal coal. This Agreement
applies only to lands under the jurisdiction of the Forest Service.
The Governor and the Secretary affirm that they will comply with all
the provisions of this Agreement and will continue to meet all the
conditions and requirements specified in this Article.
A. Authority of State Agency: The Division has and shall continue to
have the authority under State law to carry out this Agreement.
B. Funds: Upon application by the Division and subject to the
availability of appropriations, the Department shall provide the State
with the funds to defray the costs associated with carrying out
responsibilities under this Agreement as provided in section 705(c) of
the Act and 30 CFR part 735. If the State requests funds and sufficient
funds have not been appropriated to OSM, OSM and the Division shall meet
promptly to decide on appropriate measures that will ensure that surface
coal mining and reclamation operations are regulated in accordance with
the approved State program. If agreement cannot be reached, then either
party may terminate the Agreement. Funds provided to the State under
this Agreement shall be reduced; in proportion to the amount of fees
collected by the State that are attributable to the Federal lands
covered by this Agreement.
C. Reports and Records: The Division shall make annual reports to
OSMRE on the results of the Division's implementation and administration
of this Agreement, pursuant to 30 CFR 745.12(d). Upon request, the
Division and OSMRE shall exchange information developed under this
Agreement, except where prohibited by Federal law. OSMRE shall provide
the Division with a copy of any final evaluation report prepared
concerning the Division's administration and enforcement of this
Agreement.
D. Personnel: The Division shall have the necessary personnel to
implement this Agreement fully in accordance with the provisions of the
Act and the approved State program.
E. Equipment and Laboratories: The Division will assure itself
access to facilities which are necessary to carry out the requirements
of the Agreement.
The Division shall assume the primary responsibility for the review
of permit application packages for surface coal mining and reclamation
and coal exploration operations on Forest Service lands covered by this
Agreement. The Division shall coordinate the review of permit
application packages with the Forest Service and other Federal agencies
which may be affected by the proposed surface coal mining and
reclamation operation to ensure compliance with Federal laws other than
the Act and regulations other than the approved State program. When
requested by the State, OSMRE shall assist the State in identifying
Federal agencies other than the Forest Service which may be affected by
the mining proposal.
A. Submission of Permit Application Package: The Division shall
require an operator proposing to mine on Forest Service lands to submit
a permit application package in an appropriate number of copies to the
Division. The permit application package shall be in the format
required by the Divison and include any supplemental information (as
specified by OSMRE or the Forest Service) needed to satisfy the
requirements of non-delegable requirements of the Act, Federal laws
other than the Act, and regulations other than the approved State
program.
B. Coordination With Affected Agencies: Upon receipt, the Division
shall transmit a copy of the complete permit application package to the
Forest Service and to other Federal agencies affected by the proposed
surface coal mining and reclamation operation with a request for review
pursuant to 30 CFR 740.13(c)(4). OSM shall determine whether or not a
proposed surface coal mining and reclamation operation is prohibited or
limited by the requirements of section 522(e) of the Act (30 U.S.C.
1272(e)) and 30 CFR parts 760-762 with respect to Federal areas
designated by Congress as unsuitable for mining and shall make any
necessary determinations under section 522(b) of the Act. The Division
shall obtain, in a timely manner, the comments of the Forest Service and
other Federal agencies affected by the mining proposal.
C. Contact With the Applicant: As a matter of practice, OSMRE will
not independently initiate contacts with the applicant regarding permit
application packages. However, OSMRE reserves the right to act
independently of the Division to carry out any non-delegable
responsibilities under the Act, or under other Federal laws and
regulations, provided, however, that OSMRE shall inform the Division of
the necessity of such action taken and send copies of all relevant
correspondence to the Division.
D. File and Records: The Division shall maintain a title of all
original correspondence with the applicant and any information received
which may have a bearing on decisions regarding surface coal mining and
reclamation operations on Forest Service lands. Upon request, the
Division shall provide, for OSMRE or Forest Service review, copies of
any titles and records for surface coal mining and reclamation
operations on Forest Service lands.
E. Permit Application Decision and Permit Issuance: After
consultation with the Forest Service and after making a finding of
compliance with the approved State program and other applicable
requirements, the Division may approve a permit application or
application for permit revision or renewal and issue a permit. The
permit issued by the Division shall condition the initiation of surface
coal mining and reclamation operations on compliance with the
requirements of the approved State program and, as applicable,
requirements of OSM or the Forest Service pursuant to Federal laws other
than the Act and regulations other than the approved State program.
After the Division issues its decision on the permit application, it
shall promptly send a notice of the action to OSM and to the Forest
Service.
The Division shall conduct inspections on Forest Service lands
covered by this Agreement and prepare and file inspection reports in
accordance with the approved State program.
A. Inspection Reports: The Division shall, within 15 days of
conducting any inspection on Federal lands, file with OSM an inspection
report describing (1) the general conditions of the lands under the
permit; (2) whether the operator is complying with the applicable
performance and reclamation requirements; and (3) the manner in which
specific operations are being conducted.
B. Division Authority: The Division shall be the point of contact
and primary inspection authority in dealing with the operator concerning
operations and compliance with the requirements covered by this
Agreement, except as described in this Agreement and the Secretary's
regulations. Nothing in this Agreement shall prevent inspections by
authorized Federal or State agencies for purposes other than those
covered by this Agreement.
C. OSM Authority: For the purpose of evaluating the manner in which
this Agreement is being carried out and to insure that performance and
reclamation standards are being met, OSM may conduct inspections of
surface coal mining and reclamation operations on Federal lands, without
prior notice to the Division. In order to facilitate a joint
Federal-State inspection, when OSM is responding to a citizen complaint
of an imminent danger to the health or safety of the public or of a
significant, imminent environmental harm pursuant to 30 CFR
842.11(b)(1)(i), it will contact the Division, if circumstances and time
permit, prior to the Federal inspection. OSM may conduct any
inspections necessary to comply with 30 CFR part 842. If an inspection
is made without Division inspectors, OSM shall provide the Division with
a copy of the inspection report within 10 days after inspection.
D. Witness Availability: Personnel of the State and OSM shall be
mutually available to serve as witnesses in enforcement actions taken by
either party.
A. Division Enforcement: The Division shall have primary enforcement
authority on Federal lands covered by this Agreement in accordance with
the approved State program and this Agreement. During any joint
inspection by OSM and the Division, the Division shall take appropriate
enforcement action, including issuance of orders of cessation and
notices of violation.
B. Notification: The Division shall promptly notify the Forest
Service of all violations of applicable laws, regulations, orders, and
approved permits for surface coal mining and reclamation operations on
lands administered by the Forest Service.
C. Secretary's Authority: (1) This Agreement does not affect or
limit the Secretary's authority to enforce violations of laws other than
the Act. (2) During an inspection made solely by OSM or any joint
inspection where the Division and OSMRE fail to agree regarding the
propriety of any particular enforcement action, OSM may take any
enforcement action necessary to comply with 30 CFR parts 843 and 845.
Such enforcement action shall be based on the Act or the applicable
substantive provisions included in the regulations of the approved State
program and shall be taken using the procedures and penalty system
contained in 30 CFR parts 843 and 845.
A. Performance Bond: The Division shall require all operators on
Federal lands covered by this Agreement to submit a performance bond to
cover the operator's responsibilities under the Federal Act and the
approved State program, payable to both the United States and Ohio. The
performance bond shall be of sufficient amount to comply with the
requirements of the approved State program and any other conditions of
the permit. Release of the performance bond shall be conditioned upon
compliance with all applicable requirements. The Division shall obtain
the concurrence of the Forest Service prior to releasing the operator
from any obligation under the performance bond. If this Agreement is
terminated, (1) the bond will revert to being payable only to the United
States to the extent that Federal lands are involved, and (2) the bond
will be delivered by the Division to OSM if only Federal lands are
covered by the bond.
B. Forfeiture: In the event of forfeiture by an operator of the
performance bond for surface coal mining and reclamation operations on
Federal lands covered by this Agreement, the State shall use funds
received from bond forfeiture and, where necessary, funds from the Ohio
Reclamation Forfeiture Special Account (pursuant to section 1513.18 of
the Ohio Revised Code) to ensure that reclamation is accomplished in
accordance with the approved State program and the approved permit.
This Agreement may be terminated by the Governor or the Secretary
under the provisions of 30 CFR 745.15.
If this Agreement has been terminated in whole or in part it may be
reinstated under the provisions of 30 CFR 745.16.
This Agreement may be amended by mutual agreement of the Governor and
the Secretary in accordance with 30 CFR 745.14.
A. Effect of Changes: The Secretary or the State may promulgate new
Federal or State regulations, including new or revised performance or
reclamation requirements or enforcement or administration procedures.
OSM and the Division shall immediately inform each other of any final
changes and of any effect such changes may have on the cooperative
agreement. If it is determined to be necessary to keep this Agreement
in force, the Division shall request necessary State legislative action
and each party shall revise its regulations or promulgate new
regulations, as applicable. Such changes shall be made under the
procedures of 30 CFR part 732 for changes to the approved State program
and sections 501 and 523 of the Federal Act for changes to the Federal
lands program.
B. Copies of Changes: The State and OSM shall provide each other
with copies of any changes to their repsective laws, rules, regulations,
and standards pertaining to the enforcement and administration of this
Agreement.
The Division and the Secretary shall, consistent with 30 CFR part
745, advise each other of substantial changes in statutes, regulations,
funding, staff, or other changes which could affect the administration
and enforcement of this Agreement.
In accordance with 30 CFR 745.13, this Agreement shall not be
construed as waiving or preventing the assertion of any rights that have
not been expressly addressed in this Agreement that the State or the
Secretary may have under other laws or regulations, including but not
limited to those listed in Appendix A.
Approved:
Richard F. Celeste,
Governor of Ohio.
Date: April 19, 1989.
Manuel Lujan,
Secretary of the Interior.
Date: December 11, 1989.
1. The Federal Land Policy and Management Act, 43 U.S.C. 1701 et
seq., and implementing regulations.
2. The Mineral Leasing Act of 1920, 30 U.S.C. 181 et seq., and
implementing regulations, including 43 CFR part 3480.
3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321 et
seq., and implementing regulations, including 40 CFR part 1500.
4. The Endangered Species Act, as amended, 16 U.S.C. 1531 et seq.,
and implementing regulations, including 50 CFR part 402.
5. The Fish and Wildlife Coordination Act, as amended, 16 U.S.C. 661
et seq., 48 Stat. 401.
6. The National Historic Preservation Act of 1966, 16 U.S.C. 470 et
seq., and implementing regulations, including 36 CFR part 800.
7. The Clean Air Act, 42 U.S.C. 7401 et seq., and implementing
regulations.
8. The Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq.,
and implementing regulations.
9. The Resource Conservation and Recovery Act of 1976, 42 U.S.C.
6901 et seq., and implementing regulations.
10. The Reservoir Salvage Act of 1960, as amended by the Preservation
of Historical and Archaeological Data Act of 1974, 16 U.S.C. 469 et seq.
11. Executive Order 11593 (May 13, 1971), Cultural Resource
Inventories on Federal Lands.
12. Executive Order 11988 (May 24, 1977), for flood plain protection.
13. Executive Order 11990 (May 24, 1977), for wetlands protection.
14. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351 et
seq., and implementing regulations.
15. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291 et seq.
16. The Archaeological Resources Protection Act of 1979, 16 U.S.C.
470aa, et seq.
17. The Constitution of the United States.
18. The Surface Mining Control and Reclamation Act of 1977, 30 U.S.C.
1201 et seq., as amended.
19. 30 CFR chapter VII.
20. The Constitution of the State of Ohio.
21. Ohio Revised Code, Chapter 1531.
22. Ohio Administrative Code, Chapter 1501.
(49 FR 14739, Apr. 13, 1984, as amended at 54 FR 51743, Dec. 18,
1989)
30 CFR 935.30 PART 936 -- OKLAHOMA
Sec.
936.1 Scope.
936.10 State program approval.
936.15 Approval of regulatory program amendments.
936.16 Required regulatory program amendments.
936.20 Approval of Oklahoma abandoned mine land reclamation plan.
936.30 State-Federal Cooperative Agreement.
Authority: 30 U.S.C. 1201 et seq.
30 CFR 936.1 Scope.
This part contains all rules applicable only within Oklahoma that
have been adopted under the Surface Mining Control and Reclamation Act
of 1977.
(46 FR 4910, Jan. 19, 1981)
30 CFR 936.10 State program approval.
The Oklahoma State Program, as submitted on February 28, 1980,
amended on June 11, 1980, and resubmitted on December 8, 1980, is
conditionally approved on January 19, 1981. Copies of the approved
program are available at:
(a) Office of Surface Mining Reclamation and Enforcement, Tulsa Field
Office, 5100 East Skelly Drive, Suite 550, Tulsa, Oklahoma 74135,
Telephone (918) 581-6430.
(b) Oklahoma Department of Mines, 4040 N. Lincoln, Suite 107,
Oklahoma City, Oklahoma 73105, Telephone: (405) 521-3859.
(55 FR 11180, Mar. 27, 1990)
30 CFR 936.15 Approval of regulatory program amendments.
(a) The Oklahoma permanent regulatory program amendment consisting of
a set of new permanent rules, received by OSM on January 22, 1982, as
corrected by Oklahoma on March 18, 1982, is approved effective April 2,
1982.
(b) The Oklahoma program amendment to 816.42(b) and 817.42(b) of
the Oklahoma rules governing effluent limitations, received by OSM on
February 22, 1983, is approved effective May 4, 1983.
(c) The following amendments to the Oklahoma permanent regulatory
program submitted to OSM on May 13, 1983 are approved effective August
28, 1984:
(1) Revision to Oklahoma statute at 45 O.S. 1981, section 774(c)
governing citizen access to State courts;
(2) Revision to Oklahoma statute at 45 O.S. 1981, section 786(E)
concerning award of costs and expenses;
(3) Adoption by Oklahoma of new rules of practice and procedure at
4.1000 through 4.1400;
(4) Revision to Oklahoma statute at 45 O.S. 1981, 746.16 concerning
authority to administer Small Operator Assistance Program and the
implementing State rules at section 795 with the exception of 795.9(e).
(5) Revision to Oklahoma statute at 45 O.S. 1981, 745.2 governing
transfer of permits;
(6) Adoption by Oklahoma of new rules at 788.17 through 788.19
governing the transfer, sale or assignment of rights under permits;
(7) Revision to Oklahoma rule at 816.64 concerning public
notification of proposed blasting schedules; and
(8) Revision to Oklahoma rules at parts 842, 843 and 845 concerning
inspection and enforcement provisions.
(d) The following amendment submitted to OSM on July 8, 1983, is
approved effective March 18, 1985. Oklahoma's regulations governing
application requirements for exploration operations of more than 250
tons at section 776.12 of the Oklahoma Department of Mines, Rules and
Regulations (DOM/RR); the State regulatory authority's responsibility
for approving or disapproving, including the criteria for approval and
terms of approval of application for coal exploration operations in
excess of 250 tons at section 776.13 of DOM/RR; the Department of
Mines' public notification requirements for actions taken on
applications for exploration operations in excess of 250 tons at section
776.14 of DOM/RR; the application of appropriate performance standards
and enforcement provisions for coal exploration operations in excess of
250 tons at section 776.15 of DOM/RR; the public availability of
information relating to coal exploration operations at section 776.17 of
DOM/RR; the minimum bonding requirement for coal exploration operations
which either remove more than 250 tons or substantially disturb the land
surface at section 776.18 of DOM/RR; the general responsibility of
persons conducting coal exploration operations at section 815.11 of
DOM/RR, to reflect the amended coal exploration application sections of
DOM/RR Part 776; and the revised scope and objectives of applicable
performance standards of section 815.5 at sections 816.1 and 816.2 of
DOM/RR.
(e) The following amendment submitted July 16, 1985, is approved
effective January 1, 1986: Revisions to Oklahoma statute at 45 O.S.
1981, as amended by Enrolled Senate Bill No. 332, and signed by the
Governor on July 8, 1985.
(f) The following amendments to the Oklahoma permanent regulatory
program submitted to OSMRE on August 15, 1985, is approved effective
January 14, 1986: Legal opinion from the Attorney General of Oklahoma
concerning the State's ability to provide for the administration and
funding of the Small Operator Assistance Program.
(g) The following amendment to the Oklahoma permanent regulatory
program submitted to OSM on September 11, 1985, is approved effective
January 16, 1986: Revisions to the Oklahoma rules consisting of the
definitions of ''surface coal mining operations'', at 700.5 and ''coal
preparation'' and ''coal preparation plant'' at 701.5.
(h) The following amendment, as submitted to OSMRE on August 8, 1985,
is approved effective April 28, 1986: Modifications to Part 850 of the
Rules and Regulations of the Oklahoma Department of Mines to establish a
program for blaster training, examination and certification.
(i) With the exceptions of (1) section 700.11(a)(4) (exemption of
coal extraction incidental to the extraction of other minerals); (2)
section 701.5 (definitions of ''affected area'' and ''previously mined
areas''); (3) sections 780.25(a)(1) and (a)(3)(i), 784.16(a)(1)(i) and
(a)(3)(i), 816.46(b)(3), 817.46(b)(3), 816.49(a)(2), 817.49(a)(2),
784.24(b), 816.151(a), and 817.151(a) (authorization of land surveyors
to prepare and/or certify plans for siltation structures, impoundments,
and roads); (4) sections 816.116(a)(1), 817.116(a)(1), 816.116(c)(4),
and 817.116(c)(4) (standards for revegetation success); (5) sections
784.20(g)(2) and 817.121(c)(2) (subsidence control); and (6) section
823.12(a)(1) (prime farmland restoration), the revisions to the
following sections of Oklahoma's permanent regulatory program rules
submitted to OSM on May 18, 1988, as revised by Oklahoma on June 8,
1988, November 14, 1988, June 22, 1989, August 8, 1989, and December 15,
1989, are approved effective March 27, 1990.
700.1-.5, .11-.15
701.1-.5, .11
705.1-.6, .11, .13, .15, .17-.19, .21, .22
707.1, .4, .5, .10-.12
761.1, .3, .5, .11, .12
762.1, .4, .5, .11-.14
764.1, .11, .13, .15, .17, .19, .21, .23, .25
772.1-.3, .11-.16
773.1, .5, .11-.13, .15, .17, .19, .20, .21
774.1, .11, .13, .15, .17
775.1, .11, .13
777.1, .11, .13-.15, .17
778.1, .13-.18, .20, .21
779.1, .2, .4, .11, .12, .18, .19, .21, .22, .24, .25
780.1, .2, .4, .11-.16, .18, .21-.23, .25, .27, .29, .31, .33, .35,
.37, .38
783.1, .2, .4, .11, .12, .18, .19, .21, .22, .24, .25
784.1, .2, .4, .11-.26, .29, .30, .200
785.1, .2, .13-.15, .17, .18, .20-.22
795.3, .5-.9, .12
800.1, .4, .5, .11-.17, .20, .21, .23, .30, .40, .50, .60
810.1, .2, .4, .11
815.1, .13, .15
816.1, .2, .11, .13-.15, .22, 41-.43, .45-.47, .49, .56, .57, .59,
.61, .62, .64, .66-.68, .71-.74, .79, .81, .83, .84, .87, .89, .95, .97,
.99, .100, .102, .104-.107, .111, .113, .114, .116, .121, .122,
.131-.133, .150, .151, .180, .181, .200
817.1, .2, .11, .13-.15, .22, .41-.43, .45-.47, .49, .56, .57, .59,
.61, .62, .64, .66-.68, .71-.74, .81, .83, .84, .87, .89, .95, .97, .99,
.100, .102, .106, .107, .111, .113, .114, .116, .121, .122, .131-.133,
.150, .151, .180, .181, .200
819.1, .11, .13, .15, .17, .19, .21
823.1, .2, .4, .11-.15
824.1, .2, .11
827.1, .11, .12
828.1, .2, .11, .12
842.1, .11-.16
843.1, .5, .11-.18, .20, .22
845.1, .2, .11-.21
846.1, .5, .12, .14, .17, .18
850.1, .5, .12-.15
(j) The revisions to the following sections of Oklahoma's permanent
regulatory program rules submitted to OSM on March 30, 1990, as revised
by Oklahoma on July 13, 1990, are approved effective February 15, 1991:
Sections 700.5 and 700.11(b)(4), and part 702, concerning an exemption
for operations when the extraction of coal is incidental to the
extraction of other minerals.
(k) The revisions to the following sections of Oklahoma's statute and
permanent regulatory program rules submitted to OSM on March 30, 1990,
as revised by Oklahoma on July 13, 1990, are approved effective December
18, 1990:
(1) A revision to Oklahoma statute at 45 O.S. Supp. 1981, Section
742.2(49)(a), concerning the definition of ''surface coal mining
operations'' as it applies to operations where the extraction of coal is
incidental to the extraction of other minerals;
(2) Revisions to Oklahoma's rules at sections 780.25(a)(1)(i),
780.25(a)(3)(i), 784.16(a)(1)(i), 784.16(a)(3)(i), 816.46(b)(3),
817.46(b)(3), 780.37(b), 784.24(b), 816.151(a), and 817.151(a)
concerning the authorization of qualified, registered professional land
surveyors to prepare and/or certify engineered designs for ponds,
impoundments, siltation structures, and roads;
(3) Revisions to Oklahoma's rules at sections 780.25(a)(2),
780.25(c)(2) and 784.16(c)(2), concerning the submission of plans for
Mine Safety and Health Administration-regulated impoundments for surface
and underground mines;
(4) Revisions to Oklahoma's rules at section 780.37(b), concerning
the design of primary roads for surface mines;
(5) Revisions to Oklahoma's rules at sections 784.20(g)(2) and
817.121(c)(2), concerning damage caused by subsidence from underground
mines;
(6) Revisions to Oklahoma's rules at section 800.40(b)(1), concerning
bond release inspections;
(7) Revisions to Oklahoma's rules at sections 816.116(c)(4) and
817.116(c)(4), concerning the approval of selective husbandry practices
for surface and for underground mines; and
(8) Revisions to Oklahoma's rules at section 823.12(a)(1), concerning
prime farmland soil substitution.
(l) The following amendment, as submitted on June 21, 1990, is
approved effective January 9, 1991: Revisions to the Oklahoma permanent
regulatory program rules pertaining to:
(1) Subsection 772.12(b)(12), the permit application map requirements
for coal exploration operations extracting greater than 250 tons of
coal, and
(2) Subsection 773.5(a)(2), the definition of ''owned or controlled
and owns or controls.''
(Pub. L. 95-87, Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1201 et seq.))
(48 FR 20050, May 4, 1983, as amended at 49 FR 34002, Aug. 28, 1984;
50 FR 10760, Mar. 18, 1985; 50 FR 50297, Dec. 10, 1985; 51 FR 1509,
Jan. 14, 1986; 51 FR 2361, Jan. 16, 1986; 51 FR 15769, Apr. 28, 1986;
55 FR 11180, Mar. 27, 1990; 55 FR 20138, May 15, 1990; 55 FR 51904,
Dec. 18, 1990; 56 FR 783, Jan. 9, 1991; 56 FR 6268, Feb. 15, 1991)
30 CFR 936.16 Required regulatory program amendments.
(a) -- (c) (Reserved)
(d) By May 29, 1990, Oklahoma must submit for OSM approval the Bond
Release Guidelines referenced at 816.116(a)(1) and 817.116(a)(1), or
otherwise propose to OSM for approval as part of Oklahoma's approved
program, standards for revegetation success and statistically valid
sampling techniques for measuring vegetation ground cover, production,
and stocking.
(e) (Reserved)
(f) (Reserved)
(55 FR 11180, Mar. 27, 1990, as amended at 55 FR 20138, May 15, 1990;
55 FR 51905, Dec. 18, 1990; 56 FR 6268, Feb. 15, 1991)
30 CFR 936.20 Approval of Oklahoma abandoned mine land reclamation
plan.
The Oklahoma Abandoned Mine Land Reclamation Plan was approved on
July 20, 1981. Oklahoma's Plan Amendment submitted on April 8, 1989, is
approved. Copies of the approved Plan and Amendment are available at:
Office of Surface Mining Reclamation and Enforcement, Tulsa Field
Office, 5100 E. Skelly Dr., suite 550, Tulsa, OK 74135.
Oklahoma Conservation Commission, 2800 N. Lincoln, Room 160,
Oklahoma City, OK 73105.
(55 FR 29573, July 20, 1990)
30 CFR 936.30 State-Federal Cooperative Agreement.
The Governor of the State of Oklahoma and the Secretary of the
Department of the Interior (Secretary) enter into a Cooperative
Agreement (Agreement) to read as follows:
Agencies
A. This Agreement is authorized by section 523(c) of the Surface
Mining Control and Reclamation Act (Act), 30 U.S.C. 1273(c), which
allows a State with a permanent regulatory program approved by the
Secretary under 30 U.S.C. 1253, to elect to enter into an Agreement for
the regulation and control of surface coal mining, operations on Federal
lands. This Agreement provides for State regulation consistent with the
Act, the Federal lands program (30 CFR, chapter VII, subchapter D) and
the Oklahoma State program (Program) for surface coal mining and
reclamation operations on Federal lands.
B. The purposes of this Agreement are to (a) foster Federal-State
cooperation on the regulation of surface coal mining (b) minimize
intergovernmental overlap and duplication and (c) provide uniform and
effective application of the Program on all non-Indian lands in Oklahoma
in accordance with the Act and the Program.
C. The Oklahoma Department of Mines (ODM), under the direction of the
Oklahoma Mining Commission, shall be responsible for administering this
Agreement on behalf of the Governor. The Office of Surface Mining
Reclamation and Enforcement (OSMRE) shall administer this Agreement on
behalf of the Secretary.
After being signed by the Secretary and the Governor, this Agreement
shall be effective 30 days after publication in the Federal Register as
a final rule. This Agreement shall remain in effect until terminated as
provided in Article XI.
The terms and phrases used in this Agreement which are defined in the
Act, 30 CFR parts 700, 701, and 740, the Program, the Oklahoma Coal
Reclamation Act of 1979, and in the rules and regulations promulgated
pursuant to those Acts, shall be given the meanings set forth in said
definitions. Where there is conflict between the above-referenced State
and Federal definitions, the definitions used in the approved State
program will apply except in the case of a term which defines the
Secretary's continuing responsibilities under the Act and other laws.
A. In accordance with the Federal lands program, the laws,
regulations, terms and conditions of the Oklahoma Program are applicable
to Federal lands in Oklahoma except as otherwise stated in this
Agreement, the Act, 30 CFR 740.4 and 745.13, or other applicable Federal
laws, Executive Orders, or regulations.
B. The following permits will not be transferred to the State by this
Agreement and will remain under the jurisdiction of OSMRE: 1.
CFI-Bokoshe (Federal Permit OK-0002), 2. Stigler No. 9 (Federal Permit
OK-0009), 3. Bokoshe No. 10 (Federal Permit OK-0001), and 4.
McCurtain No. 2 (Federal Permit OK-0002).
C. Orders and decisions issued by ODM in accordance with the Program
that are appealable shall be appealed to the reviewing authority in
accordance with the Program. Orders and decisions issued by the
Department that are appealable shall be appealed to the Department of
the Interior's Office of Hearings and Appeals.
The Governor and the Secretary affirm that they will comply with all
the provisions of this Agreement.
ODM has and shall continue to have the authority under State law to
carry out this Agreement.
Upon Application by ODM and subject to appropriations, OSMRE will
provide the State with the funds to defray the cost associated with
carrying out its responsibilities under this Agreement as provided in
section 705(c) of the Federal Act, the grant agreement, and 30 CFR
735.16. Such funds will cover the full cost incurred by ODM in carrying
out those responsibilities, provided that such cost does not exceed the
estimated cost the Federal government would have expended to carry out
such responsibilities in the absence of this Agreement; and provided
that such State incurred cost per permitted acre of Federal land does
not exceed the per permitted acre cost for similar administration and
enforcement activities of the Program on non-Federal and non-Indian
lands during the same time period.
The ratio or cost split of Federal to non-Federal dollars allocated
under this Agreement will be determined by OSMRE and ODM based on the
projected cost for regulation of mines within Federal lands that are
under the jurisdiction of the State, in consideration of the relative
amounts of Federal and non-Federal lands involved. The designation of
mines based on Federal land will be prepared by ODM and submitted to
OSMRE's Tulsa Field Office. OSMRE will work with ODM to estimate the
amount the Federal government would have expended for regulation of
surface coal mining operations on Federal lands in Oklahoma in the
absence of this Agreement.
OSMRE and the State will discuss the OSMRE Federal land cost
estimate, the ODM prepared list of acres by mine, and the State's
overall cost estimate. After resolution of any issues, ODM will submit
its grant application to OSMRE's Tulsa Field Office. The Federal
lands/non-Federal lands ratio will be applied to the final eligible
total State expenditures to arrive at the total Federal reimbursement
due the State. This ratio or cost split will be agreed upon by July of
the year preceding the applicable fiscal year in order to enable the
State to budget funds for the Program.
The State may use the existing year's budget totals, adjusted for
inflation and workload considerations, in estimating the regulatory cost
for the following grant year. OSMRE will notify ODM as soon as possible
if such projections are unrealistic.
If ODM applies for a grant but sufficient funds have not been
appropriated to OSMRE, OSMRE and ODM will promptly meet to decide on
appropriate measures that will insure that mining operations on Federal
lands in Oklahoma are regulated in accordance with the Program.
Funds provided to ODM under this Agreement will be adjusted in
accordance with Office of Management and Budget Circular A-102
Attachment E.
ODM will make annual reports to OSMRE containing information with
respect to compliance with terms of this Agreement pursuant to 30 CFR
745.12(d). ODM and OSMRE will exchange, upon request, except where
prohibited by Federal or State law, information developed under this
Agreement.
OSMRE will provide ODM with a copy of any final evaluation report
prepared concerning State administration and enforcement of this
Agreement. ODM comments on the report will be appended before
transmission to the Congress or other interested parties.
ODM shall have the necessary personnel to fully implement this
Agreement in accordance with the provisions of the Act, Federal lands
program and the Program.
ODM will assure itself access to equipment, laboratories, and
facilities to perform all inspections, investigations, studies, tests,
and analyses that are necessary to carry out the requirements of the
Agreement.
The amount of the fee accompanying an application for a permit for
operations on Federal lands in Oklahoma shall be determined in
accordance with section 745.1 of the Oklahoma Coal Reclamation Act of
1979, section 771.25 of the State regulations and the applicable
provisions of the Program and Federal law. All permit fees and civil
penalties collected from operations on Federal lands will be retained by
the State and shall be deposited with the State Treasurer in the
Oklahoma Department of Mines Revolving Fund. Permit fees will be
considered Program income. The financial status report submitted
pursuant to 30 CFR 735.26 shall include the amount of fees collected and
attributable to Federal lands during the prior State fiscal year.
ODM and the Secretary will require an applicant proposing to conduct
surface coal mining and reclamation operations and activities on Federal
lands to submit a permit application package (PAP) with an appropriate
number of copies to ODM. ODM will furnish OSMRE and other Federal
agencies with an appropriate number of copies of the PAP. The PAP will
be in the form required by ODM and will include any supplemental
information required by OSMRE and the Federal land management agency.
Where section 522(e)(3) of the Act applies, ODM will work with the
agency with jurisdiction over the publicly owned park, including units
of the National Park System, or place included in the National Register
of Historic Places (NRHP) to determine what supplemental information
will be required.
At a minimum, the PAP will satisfy the requirements of 30 CFR part
740 and include the information necessary for ODM to make a
determination of compliance with the Program and for OSMRE and the
appropriate Federal agencies to make determinations of compliance with
applicable requirements of the Act, the Federal lands program, and other
Federal laws, Executive Orders, and the regulations for which they are
responsible.
1. ODM will assume the responsibilities listed in 30 CFR 740.4(c)
(1), (2), (3), (4), (6), and (7) to the extent authorized.
In accordance with 30 CFR 740.4(c)(1), ODM will assume primary
responsibility for the analysis, review, and approval or disapproval of
the permit application component of the PAP for surface coal mining and
reclamation operations and activities in Oklahoma where a mining plan is
required. OSMRE will, at the request of the State, assist to the extent
possible in this analysis and review.
The Secretary will concurrently carry out his responsibilities that
cannot be delegated to ODM under the Federal lands program, the Mineral
Leasing Act (MLA), the National Environmental Policy Act (NEPA), this
Agreement, and other applicable Federal laws. The Secretary will carry
out these responsibilities in a timely manner and will avoid, to the
extent possible, duplication of the responsibilities of the State as set
forth in this Agreement and the Program. The Secretary will consider
the information in the PAP and where appropriate, make decisions
required by the Act, MLA, NEPA, and other Federal laws.
Responsibilities and decisions which can be delegated to the State
under other applicable Federal laws may be specified in working
Agreements between OSMRE and ODM with concurrence of any Federal agency
involved, and without amendment to this Agreement.
2. ODM will be the primary point of contact for applicants regarding
the review of the PAP for compliance with the Program and State laws and
regulations. On matters concerned exclusively with regulations under 43
CFR part 3480, subparts 3480 through 3487, the Bureau of Land Management
(BLM) will be the primary point of contact with the applicant. ODM will
send to OSMRE copies of any correspondence with the applicant and any
information received from the applicant regarding the PAP. OSMRE will
send to ODM copies of all OSMRE correspondence which may have a bearing
on the PAP. OSMRE will request additional information from the
applicant through ODM. Copies of OSMRE's request will be sent directly
to the operator by OSMRE to help expedite the permit review process.
The requested information will be submitted to OSMRE through ODM.
BLM will inform ODM of its actions and provide ODM with a copy of
documentation on all decisions. ODM will be responsible for informing
the applicant of all joint State-Federal determinations. Where
necessary to make the determination to recommend that the Secretary
approve the mining plan, OSMRE will consult with and obtain the
concurrences of BLM, the Federal land management agency, and other
Federal agencies as required.
The Secretary reserves the right to act independently of ODM to carry
out his responsibilities under laws other than the Act or provisions of
the Act not covered by the Program, and in instances of disagreement
over the Act and the Federal lands program.
3. ODM will, to the extent authorized, consult with the Federal land
management agency and BLM pursuant to 30 CFR 740.4(c) (2) and (3),
respectively. ODM will also be responsible for obtaining the comments
and determinations of other Federal agencies with jurisdiction or
responsibility over the Federal lands affected by the operations
proposed in the PAP. ODM will request all Federal agencies to furnish
their findings on any request for additional information to ODM within
45 days of the date of receipt of the PAP. OSMRE will assist ODM in
obtaining this information upon request of ODM.
ODM will be responsible for approval and release of performance bonds
and liability insurance under 30 CFR 740.4(c)(4).
ODM will prepare documentation to comply with the requirements of
NEPA under 30 CFR 740.4(c)(7); however, OSMRE will retain the
responsibility for the exceptions in 30 CFR 740.4(c)(7)(i)-(vii).
4. OSMRE will assist ODM in carrying out ODM's responsibilities by:
(a) Coordinating resolution of conflicts and difficulties between ODM
and other Federal agencies in a timely manner;
(b) Assisting in scheduling joint meetings, upon request, between
State and Federal agencies;
(c) Where OSMRE is assisting ODM in reviewing the PAP, furnishing to
ODM the work product within 50 calendar days of receipt of the State's
request for such assistance, unless a different time is agreed upon by
OSMRE and ODM;
(d) Exercising its responsibilities in a timely manner, governed to
the extent possible by the deadlines established in the Program; and
(e) Assuming all responsibility for ensuring compliance with any
Federal lessee protection bond requirement.
5. Review of the PAP:
(a) OSMRE and ODM will coordinate with each other during the review
process as needed. ODM will keep OSMRE informed of findings made during
the review process which bear on the responsibilities of OSMRE or other
Federal agencies. OSMRE will ensure that any information OSMRE receives
which has a bearing on decisions regarding the PAP is promptly sent to
ODM.
(b) ODM will review the PAP for compliance with the Program and State
law and regulations.
(c) OSMRE will review the applicable portions of the PAP for
compliance with the non-delegated responsibilities of the Act and for
compliance with the requirements of other Federal laws, Executive
orders, and regulations.
(d) OSMRE and ODM will develop a work plan and schedule for PAP
review and each will identify a person as the project leader. The
project leaders will serve as the primary points of contact between
OSMRE and ODM throughout the review process. Not later than 50 days
after receipt of the PAP, unless a different time is agreed upon, OSMRE
will furnish ODM with its review comments on the PAP and specify any
requirements for additional data. To the extent practicable, ODM will
provide OSMRE all available information that may aid OSMRE in preparing
any findings.
(e) ODM will prepare a State decision package, including written
findings and supporting documentation, indicating whether the PAP is in
compliance with the Program. The review and finalization of the State
decision package will be conducted in accordance with procedures for
processing PAP's agreed upon by ODM and OSMRE.
(f) ODM may make a decision on approval or disapproval of the permit
on Federal lands in accordance with the Program prior to the necessary
Secretarial decision on the mining plan, provided that ODM advises the
operator in the permit that Secretarial approval of the mining plan must
be obtained before the operator may conduct coal development or mining
operations on the Federal lease. ODM will reserve the right to amend or
rescind any requirements of the permit to conform with any terms or
conditions imposed by the Secretary in the approval of the mining plan.
(g) The permit will include, as applicable, terms and conditions
required by the lease issued pursuant to the MLA and by any other
applicable Federal laws and regulations, including conditions imposed by
the Federal land management agency relating to post-mining land use, and
those of other affected agencies, and will be conditioned on compliance
with the requirements of the Federal land management agency with
jurisdiction.
(h) In the case that valid existing rights (VER) are determined to
exist on Federal lands under section 522(e)(3) of the Act where the
proposed operation will adversely affect a unit of the National Park
Service (NPS), ODM will work with the NPS to develop mutually agreed
upon terms and conditions for incorporation into the permit to mitigate
environmental impacts as set forth under Article X of this Agreement.
(i) After making its decision on the PAP, ODM will send a notice to
the applicant, OSMRE, the Federal land management agency, and any agency
with jurisdiction over the publicly owned park or historic place
included in the NRHP affected by a decision under section 522(e)(3) of
the Act. A copy of the written findings and the permit will also be
submitted to OSMRE.
(j) OSMRE will provide technical assistance to ODM when requested, if
available resources allow. OSMRE will have access to ODM files
concerning operations on Federal lands.
1. Any permit revision or renewal for an operation on Federal lands
will be reviewed and approved or disapproved by ODM after consultation
with OSMRE on whether such revision or renewal constitutes a mining plan
modification. OSMRE will inform ODM within 30 days of receiving a copy
of a proposed revision or renewal, whether the permit revision or
renewal constitutes a mining plan modification. Where approval of a
mining plan modification is required, OSMRE and ODM will follow the
review procedures where leased Federal coal is involved as outlined in
this Agreement.
2. OSMRE may establish criteria to determine which permit revisions
and renewals clearly do not constitute mining plan modifications.
3. Permit revisions or renewals on Federal lands which are determined
by OSMRE not to constitute mining plan modifications or that meet the
criteria for not being mining plan modifications will be reviewed and
approved by ODM.
4. Transfer, sale, or assignment of permit rights on Federal lands
shall be processed in accordance with the Oklahoma Program and 30 CFR
740.13(e).
A. ODM will conduct inspections of all surface coal mining and
reclamation operations on Federal lands, except for those operations
listed in Article IV, in accordance with 30 CFR 740.4(c)(5) and the
Program and prepare and file inspection reports in accordance with the
Program.
B. ODM will, subsequent to conducting any inspection pursuant to 30
CFR 740.4(c)(5), and on a timely basis, file with OSMRE's Tulsa Field
Office a legible copy of the completed State inspection report.
C. ODM will be the point of contact and primary inspection authority
in dealing with the operator concerning operations and compliance with
the requirements covered by the Agreement, except as described
hereinafter. Nothing in this Agreement will prevent inspections by
authorized Federal or State agencies for purposes other than those
covered by this Agreement. The Department may conduct any inspections
necessary to comply with 30 CFR parts 842 and 843 and its obligations
under laws other than the Act.
D. OSMRE will ordinarily give ODM reasonable notice of its intent to
conduct an inspection under 30 CFR 842.11 in order to provide State
inspectors with an opportunity to join in the inspection. When OSMRE is
responding to a citizen complaint of an imminent danger to the public
health and safety, or of significant, imminent environmental harm to
land, air or water resources pursuant to 30 CFR 842.11(b)(1)(ii)(C), it
will contact ODM no less than 24 hours prior to the Federal inspection,
if practicable, to facilitate a joint Federal/State inspection. All
citizen complaints which do not involve an imminent danger or
significant, imminent environmental harm will be referred to ODM for
action. The Secretary reserves the right to conduct inspections without
prior notice to ODM to carry out his responsibilities under the Act.
A. ODM will have primary enforcement authority under the Act
concerning compliance with the requirements of this Agreement and the
Program in accordance with 30 CFR 740.4(c)(5). Enforcement authority
given to the Secretary under other Federal laws and Executive orders
including, but not limited to, those listed in Appendix A (attached) is
reserved to the Secretary.
B. During any joint inspection by OSMRE and ODM, ODM will have
primary responsibility for enforcement procedures including issuance of
orders of cessation, notices of violation, and assessment of penalties.
ODM will inform OSMRE prior to issuance of any decision to suspend or
revoke a permit on Federal lands.
C. During any inspection made solely by OSMRE or any joint inspection
where ODM and OSMRE fail to agree regarding the propriety of any
particular enforcement action, OSMRE may take any enforcement action
necessary to comply with 30 CFR parts 843, 845, and 846. Such
enforcement action will be based on the standards in the Program, the
Act, or both, and will be taken using the procedures and penalty system
contained in 30 CFR parts 843, 845, and 846.
D. ODM and OSMRE will promptly notify each other of all violations of
applicable laws, regulations, orders, or approved mining permits subject
to this Agreement, and of all actions taken with respect to such
violations.
E. Personnel of ODM and OSMRE will be mutually available to serve as
witness in enforcement actions taken by either party.
F. This Agreement does not affect or limit the Secretary's authority
to enforce violations of Federal laws other than the Act.
A. ODM and the Secretary will require each operator who conducts
operations on Federal lands to submit a single performance bond payable
to Oklahoma and the United States to cover the operator's
responsibilities under the Act and the Program. Such performance bond
will be conditioned upon compliance with all requirements of the Act,
the Program, State rules and regulations, and any other requirements
imposed by the Department. Such bond will provide that if this
Agreement is terminated, the portion of the bond covering the Federal
lands will be payable only to the United States. ODM will advise OSMRE
of any adjustments to the performance bond made pursuant to the Program.
B. Prior to releasing the operator from any obligation under such
bond, ODM will obtain the concurrence of OSMRE. OSMRE concurrence will
include coordination with other Federal agencies having authority over
the lands involved.
C. Performance bonds will be subject to forfeiture with the
concurrence of OSMRE, in accordance with the procedures and requirements
of the Program.
D. Submission of a performance bond does not satisfy the requirements
for a Federal lease bond required by 43 CFR subpart 3474 or lessee
protection bond required in addition to a performance bond, in certain
circumstances, by section 715 of the Act.
Certain Types of Surface Coal Mining and Reclamation
Operations and Activities and Valid Existing Rights
and Compatibility Determinations
1. Authority to designate Federal lands as unsuitable for mining
pursuant to a petition is reserved to the Secretary.
2. When either ODM or OSMRE receives a petition that could impact
adjacent Federal or non-Federal lands pursuant to section 522(c) of the
Act, the agency receiving the petition will notify the other of receipt
and the anticipated schedule for reaching a decision, and request and
fully consider data, information and recommendations of the other.
OSMRE will coordinate with the Federal land management agency with
jurisdiction over the petition area, and will solicit comments from the
agency.
The following actions will be taken when requests for determination
of valid existing rights (VER) pursuant to section 522(e) of the Act or
for determinations of compatibility pursuant to section 522(e)(2) of the
Act are received prior to or at the time of submission of a PAP that
involves surface coal mining and reclamation operations and activities:
1. For Federal lands within the boundaries of any areas specified
under section 522(e)(1) of the Act, OSMRE will determine whether VER
exist for such areas.
For non-Federal lands within section 522(e)(1) areas ODM, with the
consultation and concurrence of OSMRE, will determine whether operations
on such lands will or will not affect Federal lands. For such
non-Federal lands affecting Federal lands, OSMRE will make the VER
determination.
Under section 522(e)(1), for non-Federal lands within the boundaries
of the National Park System, ODM, with the consultation and concurrence
of OSMRE, will determine whether operations on such lands will or will
not affect the Federal interest. For such non-Federal lands within the
boundaries of the National Park System which affect the Federal
interest, OSMRE will make the VER determinations.
2. For Federal lands within the boundaries of any national forest
where proposed operations are prohibited or limited by section 522(e)(2)
of the Act and 30 CFR 761.11(b), OSMRE will make the VER determination.
OSMRE will process requests for determinations of compatibility under
section 522(e)(2) of the Act and 30 CFR 761.12(c).
3. For Federal lands, ODM, with the consultation and concurrence of
OSMRE, will determine whether any proposed operations will adversely
affect units of the National Park System with respect to the
prohibitions or limitations of section 522(e)(3) of the Act. For such
operations adversely affecting units of the National Park System, ODM,
with the consultation and concurrence of OSMRE, will make the VER
determination.
For Federal lands, ODM will determine whether any proposed operation
will adversely affect any publicly owned parks other than those covered
in the preceding paragraph and, in consultation with the State Historic
Preservation Officer, places listed in the National Register of Historic
Places (NRHP), with respect to the prohibitions or limitations of
section 522(e)(3) of the Act.
For Federal lands other than those on which the proposed operation
will adversely affect units of the National Park System, ODM will make
the VER determination for operations which are prohibited or limited by
section 522(e)(3) of the Act. In the case that VER is determined to
exist on Federal lands under section 522(e)(3) of the Act where a
proposed operation will adversely affect a unit of the National Park
System, ODM will work with the NPS to develop mutually agreed upon terms
and conditions for incorporation into the permit in order to mitigate
environmental impacts.
In the case that VER is determined not to exist under section
522(e)(3) of the Act or 30 CFR 761.11(c), no surface coal mining
operations and activities will be permitted unless jointly approved by
ODM and the Federal, State or local agency with jurisdiction over the
publicly owned park or place included in the NRHP.
4. ODM will process determinations of VER on Federal lands for all
areas limited or prohibited by section 522(e)(4) and (5) of the Act as
unsuitable for mining. For operations on Federal lands, ODM will
coordinate with any affected agency or agency with jurisdiction over the
proposed surface coal mining and reclamation operation.
This Agreement may be terminated by the Governor or the Secretary
under the provisions of 30 CFR 745.15.
If this Agreement has been terminated in whole or in part it may be
reinstated under the provisions of 30 CFR 745.16.
This Agreement may be amended by mutual agreement of the Governor and
the Secretary in accordance with 30 CFR 745.14.
A. The Department or the State may from time to time promulgate new
or revised performance or reclamation requirements or enforcement and
administration procedures. Each party will, if it determines it to be
necessary to keep this Agreement in force, change or revise its
regulations or request necessary legislative action. Such changes will
be made under the procedures of 30 CFR part 732 for changes to the
Program and under the procedures of section 501 of the Act for changes
to the Federal lands program.
B. ODM and the Department will provide each other with copies of any
changes to their respective laws, rules, regulations or standards
pertaining to the enforcement and administration of this Agreement.
Each party to this Agreement will notify the other, when necessary,
of any changes in personnel, organization, and funding, or other changes
that may affect the implementation of this Agreement to ensure
coordination of responsibilities and facilitate cooperation.
This Agreement will not be construed as waiving or preventing the
assertion of any rights in this Agreement that the State or the
Secretary may have under laws other than the Act or their regulations,
including but not limited to those listed in Appendix A.
Approved:
Henry Bellmon,
Governor of Oklahoma.
Date: August 2, 1989.
Manuel Lujan, Jr.,
Secretary of the Interior.
Date: August 30, 1989.
(54 FR 37459, Sept. 11, 1989)
30 CFR 936.30 PART 937 -- OREGON
Sec.
937.700 Oregon Federal program.
937.701 General.
937.702 Exemption for coal extraction incidental to the extraction of
other minerals.
937.707 Exemption for coal extraction incident to government-financed
highway or other construction.
937.761 Areas designated unsuitable for surface coal mining by Act of
Congress.
937.762 Criteria for designating areas as unsuitable for surface coal
mining operations.
937.764 Process for designating areas unsuitable for surface coal
mining operations.
937.772 Requirements for coal exploration.
937.773 Requirements for permits and permit processing.
937.774 Revision; renewal; and transfer, assignment, or sale of
permit rights.
937.775 Administrative and judicial review of decisions.
937.777 General content requirements for permit applications.
937.778 Permit applications -- minimum requirements for legal,
financial, compliance, and related information.
937.779 Surface mining permit applications -- minimum requirements
for information on environmental resources.
937.780 Surface mining permit applications -- minimum requirements
for reclamation and operation plan.
937.783 Underground mining permit applications -- minimum
requirements for information on environmental resources.
937.784 Underground mining permit applications -- minimum
requirements for reclamation and operation plan.
937.785 Requirements for permits for special categories of mining.
937.795 Small operator assistance.
937.800 General requirements for bonding of surface coal mining and
reclamation operations.
937.815 Performance standards -- coal exploration.
937.816 Performance standards -- surface mining activities.
937.817 Performance standards -- underground mining activities.
937.819 Special performance standards -- auger mining.
937.823 Special performance standards -- operations on prime
farmland.
937.824 Special performance standards -- mountaintop removal.
937.827 Special performance standards -- coal processing plants and
support facilities not located at or near the minesite or not within the
permit area for a mine.
937.828 Special performance standards -- in situ processing.
937.842 Federal inspections.
937.843 Federal enforcement.
937.845 Civil penalties.
937.846 Individual civil penalties.
937.955 Certification of blasters.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq. ; and Pub. L.
100-34.
Source: 47 FR 49822, Nov. 2, 1982, unless otherwise noted.
30 CFR 937.700 Oregon Federal program.
(a) This part contains all rules that are applicable to surface coal
mining operations in Oregon which have been adopted under the Surface
Mining Control and Reclamation Act of 1977.
(b) The rules in this part cross-reference pertinent parts of the
permanent program regulations in this chapter. The full text of a rule
is in the permanent program rule cited under the relevant section of the
Oregon Federal program.
(c) The rules in this part apply to all surface coal mining
operations in Oregon conducted on non-Federal and non-Indian lands. The
rules in Subchapter D of this chapter apply to operations on Federal
lands in Oregon.
(d) The information collection requirements contained in this part do
not require approval by the Office of Management and Budget under 44
U.S.C. 3507 because there are fewer than ten respondents annually.
(e) The following provisions of Oregon laws provide, where
applicable, for more stringent environmental control and regulation of
surface coal mining operations than do the provisions of the Act and the
regulations in this chapter. Therefore, pursuant to Section 505(b) of
the Act, they shall not be construed to be inconsistent with the Act:
(1) Oregon Revised Statutes (ORS) 468.700-468.997, pertaining to the
control of water pollution.
(2) ORS 498.002 and ORS 498.705, protecting fish and wildlife and
their habitats.
(3) ORS 509.125, prohibiting deleterious substances from being
introduced into State waters.
(4) ORS 509.140, requiring the approval of the Fish and Wildlife
Commission before explosives may be used to construct a dam or similar
structure.
(5) ORS 509.600, prohibiting the injury or destruction of fish within
600 feet of any fishway. Prior approval of the Director, the Department
of Fish and Wildlife, is required before contructing a dam or
obstruction in State waters.
(6) ORS 509.615, requiring that artificial watercourses must be
screened.
(f) The following are Oregon laws that interfere with the achievement
of the purposes and requirements of the Act and are, in accordance with
section 504(g) of the Act, pre-empted and superseded with respect to
coal mining, except to the extent they provide for regulation of surface
coal mining and reclamation operations which are exempt from the Surface
Mining Control and Reclamation Act of 1977:
(1) Oregon Surface Mining and Mine Land Reclamation Act, as amended,
ORS 517.750-ORS 517.990.
(2) Oregon Administrative Rules (OAR), Department of Geology and
Mineral Industries, Division 30, Rules and Regulations, Oregon Mined
Land Reclamation Act, OAR 632-30-005 through OAR 632-30-060.
(3) ORS 273.551 and ORS 273.775 to ORS 273.790. The contractual and
leasing responsibility of the Division of Lands over State lands and
minerals is not affected by this Federal program.
(4) ORS 275.340. Pre-empted to the extent that the State of Oregon
construes this statute as delegating to cities and counties the
authority to issue surface coal mining permits and related exploration
permits.
(47 FR 49822, Nov. 2, 1982, as amended at 52 FR 13812, Apr. 24, 1987)
30 CFR 937.701 General.
Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701
of this chapter shall apply to surface coal mining operations in Oregon.
30 CFR 937.702 Exemption for coal extraction incidental to the
extraction of other minerals.
Part 702 of this chapter, Exemption for Coal Extraction Incidental to
the Extraction of Other Minerals, shall apply to any person who conducts
coal extraction incidental to the extraction of other minerals for
purposes of commercial use or sale.
(54 FR 52123, Dec. 20, 1989)
30 CFR 937.707 Exemption for coal extraction incident to
government-financed highway or other construction.
Part 707 of this chapter, Exemption for Coal Extraction Incident to
Government-financed Highway or Other Construction, shall apply to
surface coal mining and reclamation operations.
30 CFR 937.761 Areas designated unsuitable for surface coal mining by
Act of Congress.
Part 761 of this chapter, Areas Designated by Act of Congress, shall
apply to surface coal mining and reclamation operations.
30 CFR 937.762 Criteria for designating areas as unsuitable for surface
coal mining operations.
Part 762 of this chapter, Criteria for Designating Areas Unsuitable
for Surface Coal Mining Operations, shall apply to surface coal mine
operations beginning one year after May 28, 1982.
30 CFR 937.764 Process for designating areas unsuitable for surface
coal mining operations.
Part 764 of this chapter, State Processes for Designating Areas
Unsuitable for Surface Coal Mining Operations, pertaining to
petitioning, initial processing, hearing requirements, decisions, data
base and inventory systems, public information, and rith the February
26, 1980, May 16, 1980, and August 15, 1980, opinions and orders of the
U.S. District Court for the District of Columbia (In re: Permanent
Surface Mining Regulation Litigation (Civ. Action No. 79-1144)).
(a) NDAC 69-05.2-25-0shall apply to any person who conducts or seeks
to conduct coal exploration operations.
(b) The Office shall make every effort to act on an exploration
application within 60 days of receipt or such longer time as may be
reasonable under the circumstances. If additional time is needed, OSMRE
shall notify the applicant that the application is being reviewed, but
more time is necessary to complete such review, setting forth the
reasons and the additional time that is needed.
(c) Where coal exploration is to occur on State lands or the minerals
to be explored are owned by the State, a mineral lease issued by the
Oregon Division of Lands authorizing the coal exploration is required to
be filed with the permit application.
(52 FR 13812, Apr. 24, 1987)
30 CFR 937.773 Requirements for permits and permit processing.
(a) Part 773 of this chapter, Requirements for Permits and Permit
Processing, shall apply to any person who applies for a permit for
surface coal mining and reclamation operations.
(b) In addition to the requirements of part 773, the following permit
application review procedures shall apply:
(1) Any person applying for a permit shall submit five copies of the
application to the Office.
(2) The Office shall review an application for administrative
completeness and acceptability for further review and shall notify the
applicant in writing of the findings. The Office may:
(i) Reject a flagrantly deficient application, notifying the
application of the findings;
(ii) Request additional information required for completeness stating
specifically what information must be supplied and negotiate the date by
which the information must be submitted; or
(iii) Judge the application administratively complete and acceptable
for further review.
(3) Should the applicant not submit the information as required by
937.773(b)(2)(ii) by the specified date, the office may reject the
application. When the applicant submits the required information by the
specified date, the Office shall review it and advise the applicant
concerning its acceptability.
(4) When the application is judged administratively complete, the
applicant shall be advised by the Office to file the public notice
required by 773.13 of this chapter.
(5) A representative of the Office shall visit the proposed permit
area to determine whether the operation and reclamation plans are
consistent with actual site conditions. The applicant will be notified
in advance of the time of the visit. At the time of the visit, the
applicant shall have the locations of the proposed permit boundaries,
topsoil storage areas, sediment control structures, roads, and other
significant features contained in the application marked by flags.
(c) In addition to the information required by subchapter G of this
chapter, the Office may require an applicant to submit supplementary
information to ensure compliance with applicable Federal laws and
regulations other than the Act.
(d) Where applicable, no person shall conduct surface coal
exploration operations which result in the removal of more than 250 tons
in one location, or surface coal mining operations without permits
issued and/or certificates required by the State of Oregon, including
compliance with Oregon's Statewide Planning Goals (ORS 197.180) and any
relevant Country Comprehensive Land Use Plans (ORS 197.005-ORS 197.775);
license from the Division of State Lands where mines or exploration are
on State lands (ORS 273.005-273.815); Solid Waste Disposal Permits,
Hazardous Waste Transportation and Disposal Permits, Industrial Waste
Disposal Permits issued by the Department of Environmental Quality (ORS
459.005-ORS 459-850); leases issued by the county where county
designated forest lands are involved (ORS 275.340); noise restrictions
enforced by the Department of Environmental Quality (ORS
467.010-467.990); Air Contaminant Discharge Permits (ORS 468.005-ORS
468.997), Water Pollution Control Facilities Permits, Waste Discharge
Permits (ORS 468.900-ORS 468.997), Energy Facility Site Certificates
(ORS 469.300-ORS 469.570, ORS 469.990, ORS 469.992) issued by the Energy
Facilities Siting Council; Department of Fish and Wildlife issues
permits for dam use (ORS 509.600), for use of explosives used to
construct dams or similar structures (ORS 509.140); the State Fire
Marshall issues Certificates of Possession for persons having or using
explosives (ORS 480.210); the Division of State Lands issues license
for use of dredging machines (ORS 517.611-ORS 517.700); the Department
of water Resources issues permits with respect to the use, appropriation
or diversion of State waters (ORS 537.130, ORS 537.135) and surface
waters (ORS 537.135, ORS 537.140 and ORS 537.800), and permits relative
to the design, construction and maintenance of dams, dikes or other
hydraulic structures or works (ORS 540.350, ORS 540.400); matter may be
removed from the beds and banks of State waters and fill may be
deposited in State waters once a permit is obtained from the Division of
State Lands (ORS 541.605-ORS 541.990).
(52 FR 13812, Apr. 24, 1987)
30 CFR 937.774 Revision; renewal; and transfer, assignment, or sale
of permit rights.
(a) Part 774 of this chapter, Revision; Renewal; and Transfer,
Assignment, or Sale of Permit Rights, shall apply to any such actions
involving surface coal mining and reclamation operations permits.
(b) Any revision to the approved permit will be subject to review and
approval by OSMRE.
(1) Significant revisions shall be processed as if they are new
applications in accordance with the public notice and hearing provisions
of 773.13, 773.19(b) (1) and (2), and 778.21 and of part 775.
(2) OSMRE shall make every effort to approve or disapprove an
application for permit revision within 60 days of receipt or such longer
time as may be reasonable under the circumstance. If additional time is
needed, OSMRE shall notify the applicant that the application is being
reviewed, but more time is necessary to complete such review, setting
forth the reasons and the additional time that is needed.
(c) In addition to the requirements of part 774 of this chapter, any
person having an interest which is or may be adversely affected by a
decision on the transfer, assignment, or sale of permit rights,
including an official of any Federal, State, or local government agency,
may submit written comments on the application to the Office within
thirty days of either the publication of the newspaper advertisement
required by 774.17(b)(2) of this chapter or receipt of an
administratively complete application, whichever is later.
(52 FR 13813, Apr. 24, 1987)
30 CFR 937.775 Administrative and judicial review of decisions.
Part 775 of this chapter, Administrative and Judicial Review of
Decisions, shall apply to all decisions on permits.
(52 FR 13813, Apr. 24, 1987)
30 CFR 937.777 General content requirements for permit applications.
Part 777 of this chapter, General Content Requirements for Permit
Applications, shall apply to any person who applies for a permit to
conduct surface coal mining and reclamation operations.
(52 FR 13813, Apr. 24, 1987)
30 CFR 937.778 Permit applications -- minimum requirements for legal,
financial, compliance, and related information.
Part 778 of this chapter, Permit Applications -- Minimum Requirements
for Legal, Financial, Compliance and Related Information, shall apply to
any person who applies for a permit to conduct surface coal mining and
reclamation operations.
(52 FR 13813, Apr. 24, 1987)
30 CFR 937.779 Surface mining permit applications -- minimum
requirements for information on environmental resources.
Part 779 of this chapter, Surface Mining Permit Applications --
Minimum Requirements for Information on Environmental Resources, shall
apply to any person who makes application to conduct surface mining and
reclamation operations.
30 CFR 937.780 Surface mining permit applications -- minimum
requirements for reclamation and operation plan.
(a) Part 780 of this chapter, Surface Mining Permit Applications --
Minimum Requirement for Reclamation and Operation Plan, shall apply to
any person who makes application to conduct surface coal mining and
reclamation operations on non-Federal and non-Indian lands.
(b) Any application for a permit shall demonstrate compliance with
the air quality control laws (ORS 468.275 through ORS 468.350 and ORS
468.500 through ORS 468.580) administered by the Oregon Department of
Environmental Quality and shall have obtained, where required, an Air
Contaminant Discharge Permit from the Department of Environmental
Quality (ORS 468.275 through ORS 468.350).
30 CFR 937.783 Underground mining permit applications -- minimum
requirements for information on environmental resources.
Part 783 of this chapter, Underground Mining Permit Applications --
Minimum Requirements for Information on Environmental Resources, shall
apply to any person who submits an application to conduct underground
mining operations.
30 CFR 937.784 Underground mining permit applications -- minimum
requirements for reclamation and operation plan.
Part 784 of this chapter, Underground Mining Permit Applications --
Minimum Requirements for Reclamation and Operation Plan, shall apply to
any person who makes application to conduct underground mining.
30 CFR 937.785 Requirements for permits for special categories of
mining.
Part 785 of this chapter, Requirements for Permits for Special
Categories of Mining, shall apply to each person who makes application
for a permit to conduct certain categories of surface coal mining and
reclamation operations as specified therein.
30 CFR 937.795 Small operator assistance.
Part 795 of this chapter, Small Operator Assistance, shall apply to
any person making application for assistance under the small operator
assistance program.
30 CFR 937.800 General requirements for bonding of surface coal mining
and reclamation operations.
Part 800 of this chapter, General Requirements for Bonding of Surface
Coal Mining and Reclamation Operations Under Regulatory Programs, shall
apply to all surface coal mining and reclamation operations.
30 CFR 937.815 Performance standards -- coal exploration.
Part 815 of this chapter, Permanent Program Performance Standards --
Coal Exploration, shall apply to any person conducting coal exploration
operations.
30 CFR 937.816 Performance standards -- surface mining activities.
Part 816 of this chapter, Permanent Program Performance Standards --
Surface Mining Activities, shall apply to any person who conducts
surface coal mining and reclamation operations.
30 CFR 937.817 Performance standards -- underground mining activities.
Part 817 of this chapter, Permanent Program Performance Standards --
Underground Mining Activities, shall apply to any person who conducts
underground mining operations.
30 CFR 937.819 Special performance standards -- auger mining.
Part 819 of this chapter, Special Permanent Program Performance
Standards -- Auger Mining, shall apply to any person who conducts
surface coal mining operations which include auger mining.
30 CFR 937.823 Special performance standards -- operations on prime
farmland.
Part 823 of this chapter, Special Permanent Program Performance
Standards -- Operations on Prime Farmland, shall apply to any person who
conducts surface coal mining and reclamation operations on prime
farmlands.
30 CFR 937.824 Special performance standards -- mountaintop removal.
Part 824 of this chapter, Special Permanent Program Performance
Standards -- Mountaintop Removal, shall apply to any person who conducts
surface coal mining operations constituting mountaintop removal mining.
30 CFR 937.827 Special performance standards -- coal processing plants
and support facilities not located at or near the minesite or not within
the permit area for a mine.
Part 827 of this chapter, Special Permanent Program Performance
Standards -- Coal Processing plants and Support Facilities Not Located
at or Near the Minesite or Not Within the Permit Area for a Mine, shall
apply to any person who conducts surface coal mining and reclamation
operations which include the operation of coal processing plants and
support facilities not located at or near the minesite or not within the
permit area for a mine.
30 CFR 937.828 Special performance standards -- in situ processing.
Part 828 of this chapter, Special Permanent Program Performance
Standards -- In Situ Processing, shall apply to any person who conducts
in situ processing activities.
30 CFR 937.842 Federal inspections.
(a) Part 842 of this chapter, Federal Inspections, shall apply to all
exploration and surface coal mining and reclamation operations.
(b) OSM will furnish a copy of each inspection report regarding
inspections conducted pursuant to this subpart to the Oregon Department
of Geology and Mineral Industries.
30 CFR 937.843 Federal enforcement.
(a) Part 843 of this chapter, Federal Enforcement, shall apply when
enforcement action is required for violations on surface coal mining and
reclamation operations.
(b) OSM will furnish a copy of each enforcement action document and
order to show cause issued pursuant to this subpart to the Oregon
Department of Geology and Mineral Industries.
30 CFR 937.845 Civil penalties.
Part 845 of this chapter, Civil Penalties, shall apply when civil
penalties are assessed for violations on surface mining and reclamation
operations.
30 CFR 937.846 Individual civil penalties.
Part 846 of this chapter, Individual Civil Penalties, shall apply to
the assessment of individual civil penalties under section 518(f) of the
Act.
(53 FR 3676, Feb. 8, 1988)
30 CFR 937.955 Certification of blasters.
Part 955 of this chapter, Certification of Blasters in Federal
Program States and on Indian Lands, shall apply to the training,
examination and certification of blasters for surface coal mining and
reclamation operations.
(51 FR 19462, May 29, 1986)
30 CFR 937.955 PART 938 -- PENNSYLVANIA
Sec.
938.1 Scope.
938.10 State regulatory program approval.
938.11 Conditions of State regulatory program approval.
938.12 (Reserved)
938.15 Approval of regulatory program amendments.
938.16 Required regulatory program amendments.
938.20 Approval of the Pennsylvania abandoned mine reclamation plan.
Authority: 30 U.S.C. 1201 et seq.
30 CFR 938.1 Scope.
This part contains all rules applicable only within Pennsylvania that
have been adopted under the Surface Mining Control and Reclamation Act
of 1977.
(47 FR 33079, July 30, 1982)
30 CFR 938.10 State regulatory program approval.
The Pennsylvania state program as submitted on February 29, 1980, as
amended on June 9, 1980, as resubmitted on January 25, 1982, and amended
on April 9, 1982, and May 5, 1982, is conditionally approved, effective
July 31, 1982. Beginning on that date, the Department of Environmental
Resources shall be deemed the regulatory authority in Pennsylvania for
all surface coal mining and reclamation operations and for all
exploration operations on non-Federal and non-Indian lands. Only
surface coal mining and reclamation operations on non-Federal and
non-Indian lands shall be subject to the provisions of the Pennsylvania
permanent regulatory program. Copies of the approved program, together
with copies of the letter of the Department of Environmental Resources
agreeing to the conditions in 30 CFR 938.11, are available at:
Pennsylvania Department of Environmental Resources, Fulton Bank
Building, Tenth Floor, Third and Locust Streets, Harrisburg,
Pennsylvania 17120; Telephone: (717) 787-4686
Office of Surface Mining Reclamation and Enforcement, Third Floor,
Suite 3C, Harrisburg Transportation Center, 4th and Market Streets,
Harrisburg, Pennsylvania 17101; Telephone: (717) 782-4036.
Office of Surface Mining Reclamation and Enforcement, Room 5131, 1100
''L'' Street, NW., Washington, DC 20240; Telephone: (202) 343-5492.
(47 FR 33079, July 30, 1982, as amended at 54 FR 29706, July 14,
1989)
30 CFR 938.11 Conditions of State regulatory program approval.
The approval of the Pennsylvania state program is subject to the
Commonwealth revising its program to correct the deficiences listed in
this section. The program revisions may be made, as appropriate, to the
statutes, the regulations, the program narrative, or the Attorney
General's opinion. This section indicates, for the general guidance of
the Commonwealth, the component of the program to which the Secretary
recommends the change be made.
(a) -- (h) (Reserved)
(i) Termination of the approval found in 938.10 will be initiated on
August 1, 1983, unless Pennsylvania submits to the Secretary by that
date, copies of enacted laws, or other program amendments providing for
the award of costs and expenses which amendments are no less effective
than 30 CFR 840.15 and in accordance with section 525(e) of SMCRA.
(47 FR 33079, July 30, 1982, as amended at 48 FR 13417, Mar. 31,
1983; 48 FR 45391, Oct. 5, 1983; 49 FR 20492, May 15, 1984; 49 FR
27319, July 3, 1984; 51 FR 18321, May 19, 1986)
938.12 (Reserved)
30 CFR 938.15 Approval of regulatory program amendments.
(a) The following amendments are approved effective October 5, 1983.
Revisions submitted on April 26, 1983, and May 12, 1983 requiring
certain information for certain permit applications in the form of
instructions to operators as follows: (1) Bureau of Water Quality
Management Underground Mine/Coal preparation Plant Permit Application
Instructions, (2) Bituminous Underground Mining Operation Permit/Manual,
(3) Coal Refuse Disposal Permit Application, (4) Anthracite Coal Refuse
Disposal Permit Application, (5) Anthracite Bank Removal and Reclamation
Permit Application, (6) Anthracite Surface Mine Permit Application, (7)
Anthracite Underground Mining Operation Permit Application/Manual and
(8) Memorandum of Understanding between the Pennsylvania Department of
Environmental Resources and the Pennsylvania Museum and Historical
Commission.
(b) The following amendment is approved effective on Janaury 4, 1984,
Order announcing the suspension of 25 PA Code Chapter 89.143(2)(iii)
(A), (B), (C), and (D); 89.143(4); 89.144(b)(3); 89.145 (a)(4) and
(b); 89.145(d); 89.146(e); and 89.147(a) by publication in the
Pennsylvania Bulletin, Vol. 13, No. 27, dated July 2, 1983.
(c) The following amendment is approved effective on March 20, 1984,
Pennsylvania policy statement submitted to OSM January 17, 1984, titled:
(1) Citizen Complaint Procedures, (2) Department of Environmental
Resources Inspection and Enforcement Policy for Mining Operations and
(3) Civil Penalty Program.
(d) The following amendments are approved effective on May 15, 1984:
Revisions to Title 25 Pennsylvania Code submitted on October 31, 1983:
86.5, 86.38(b), 86.112(b), 86.134(c), 87.1, 87.112(c)(1), (2),
87.112(d), 87.112(e), 87.138, 87.144, 87.175, 89.86(a)(1), 89.161,
89.162, 89.163, 90.1, 90.112(c), 90.112(d), and 90.112(e).
(e) The following amendments are approved effective on July 3, 1984:
Revisions to Title 25, Pennsylvania Code, submitted on October 31, 1983
identified as Chapter 86.211 and an addendum to the DER Inspection and
Enforcement Policy for Mining Operations.
(f) The following amendments are approved effective November 27,
1984: Subchapters A, B, C, D and F of chapter 88 of Title 25 as
submitted to OSM by Pennsylvania on March 30, 1984.
(g) The following amendment submitted to OSM on March 2, 1984, as
modified on October 10, 1984, is approved effective April 4, 1985.
Pennsylvania's blaster training, examination and certification program,
as contained in Chapter 210, Subchapter A, of Title 25 of the
Pennsylvania Code, and all other items as submitted by Pennsylvania on
March 2, 1984, and modified on October 10, 1984, with the exception of
Chapter 211 of Title 25 of the Pennsylvania Code.
(h) The following amendment submitted to OSM on April 19, 1985 is
approved effective August 15, 1985: Amendment to Pennsylvania's blaster
certification program, as contained in the Pennsylvania Department of
Environmental Resources' policy statement as submitted by Pennsylvania
on April 19, 1985.
(i) The following amendment submitted to OSM on April 18, 1985 is
approved effective November 4, 1985. Amendment to Pennsylvania's
subsidence control regulations, as contained in 25 Pennsylvania Code
Chapter 89, Subchapter F.
(j) The following amendment submitted to OSMRE on September 5, 1985
is approved effective February 19, 1986: Act 158 of 1984; Subchapter F
of Chapter 87 and Subchapter G of Chapter 88 of the Pennsylvania code of
regulations; letters from the Pennsylvania Deputy General Counsel and
the First Deputy Attorney General to Rebecca W. Hanmer, Director,
Office of Water Enforcement Permits, U.S. EPA, dated July 8, 1985, and
August 19, 1985, respectively.
(k) Amendments to the following sections of the Pennsylvania
Department of Environmental Resources regulations as submitted to OSMRE
on November 2, 1984, as clarified by the State's letter to OSMRE dated
September 5, 1985, are approved effective May 19, 1986.
86.37(a)(13)
86.171(e)(12)
86.172(d)(2)(iii)
88.1 -- Definitions for ''cropland,'' historically used for
cropland,'' ''prime farmland,'' and ''soil survey''.
88.24(b)(4) -- deleted
88.30(a) and (a)(1)
88.31(a)(7)
88.32 -- Subject to the required amendments set forth under 938.16(c)
and (d)
88.61 -- Subject to the required amendment set forth under 938.16(e)
88.129 -- Subject to the required amendment set forth under 938.16(f)
88.134 (a) and (e)
88.135(c)(1), (f)(2) and (h)
88.136(a) and (c)
88.137(18 and (19)
88.217 -- Subject to the required amendment set forth under 938.16(f)
88.330 -- Subject to the required amendment set forth under 938.16(f)
88.381(b)(2), (c)(6), (c)(8) and (c)(9)
88.491(i)(1), (i)(13), (i)(22), (i)(23), (j), (k) -- to the required
amendments set forth under 938.16(d) and (f)
88.492(m)
88.493(8)
(l) The amendments to the following sections of the Pennsylvania
State program which were submitted to OSMRE on September 30, 1985, and
May 22, 1986 are approved effective September 8, 1986.
30 CFR 938.15 Civil Penalty Program
Section I
Section II.2
Section II.4
Section II.8
30 CFR 938.15 Inspection and Enforcement Policy
Section II.B.2.a.(4) and (5)
Section II.E
Section II.J
(m) The amendment to the Pennsylvania State program regulations at
section 89.143(b), which was submitted to OSMRE on April 18, 1985, is
approved effective June 18, 1987.
(n) The following amendment to the Pennsylvania permanent regulatory
program, as submitted to OSMRE on January 22, 1987, is approved
effective July 14, 1987: Revisions to the Pennsylvania Surface Mining
Conservation and Reclamation Act concerning right-of-entry requirements
at section 4.2(F)(II).
(o) The following amendments to the Pennsylvania program as submitted
to OSMRE by letter dated April 14, 1987, are approved effective October
27, 1988. Revisions to Section II.J of the Inspection and Enforcement
Policy and Section II.2 of the Civil Penalty Program, both of which
concern the use of alternative enforcement actions for failure to abate
a violation.
(p) The following amendment pertaining to the regulation of coal
preparation plants submitted to OSMRE on December 5, 1988: is approved
effective July 14, 1989. Title 25 of the Pennsylvania Code 86.1,
86.12, 88.1, 88.381 and 89.5.
(q) The following amendment pertaining to discretionary civil
penalties as submitted to OSMRE on August 17, 1988, and June 21, 1989,
is approved effective August 18, 1989: Civil Penalty Program, Section
II (Assessment), paragraph 4, and Program Guidance Manual, Section 1:3:6
(Civil Penalty Assessments) Part 1-Coal, paragraph 4.
(r) The following amendment to the Pennsylvania program as submitted
on August 21, 1986, and revised on July 26, 1988, is approved effective
November 3, 1989: Pennsylvania Policy Statement entitled Reclamation in
Lieu of Cash Payment for Civil Penalties found in Department of
Environmental Resources Program Guidance Manual at Section I:3:9, dated
July 1, 1988.
(s) With the exception of those provisions identified herein, the
amendment submitted to OSM on December 22, 1989 (Regulatory Reform I),
is approved effective May 31, 1991, provided Pennsylvania promulgates
these regulations and enacts these statutory revisions in a form
identical to that submitted to OSM.
Sections 86.1 and 87.1, concerning the definition of ''surface mining
activity,'' are not approved.
Section 86.17(e) is conditionally approved pending a demonstration by
Pennsylvania that the revenues generated by collection of the
reclamation fee will be sufficient to assure that the Surface Mining
Conservation and Reclamation Fund can be operated in a manner that will
meet the requirements of 30 CFR 800.11(e).
Section 86.83(a)(2) is approved except to the extent that the
proposed language limits or prohibits consideration of any and all
consecutive 12-month periods in the determination of eligibility for
SOAP assistance.
Section 86.158(b)(1) is approved except to the extent that the
determination of the current market value of securities is optional
rather than mandatory.
Section 86.158(b)(2) is approved except to the extent that the value
of the collateral bond may equal the overall bond value without taking
into consideration the effects of depreciation, marketability, and other
factors on the amount of cash available from the bond.
Section 86.158(b)(3) is approved except to the extent that
subparagraph (b)(3) and 86.158 do not require that the value of all
collateral bonds be evaluated, at a minimum, as part of the permit
renewal process.
Section 86.174(d)(1) -- language which would allow for the release of
the bond posted for the removal of buildings, facilities or other
equipment upon completion of the removal and approval by the Department,
and which would allow the release of bond posted for the sealing of
drifts, shafts or other mine openings upon demonstration by the
permittee that the sealing is effective is not approved.
Section 86.175 (1), (2) and (3) -- language which would allow the
exclusion of the supplemental bond posted for oversized pits from the
bond release calculation requirements of 86.175 is not approved.
Section 86.182(d) is approved except to the extent that the proposed
rule does not require that the funds paid to the Surface Mining
Conservation and Reclamation Fund will be used on the site to which the
bond coverage applies.
Section 87.73 is approved except to the extent that impoundments with
a storage capacity of more than 20 acre-feet but less than 50 acre-feet
may be designed by or under the direction of, and certified by a land
surveyor.
Sections 88.102(b), 88.197(b), and 88.302(b) -- the proposed
deletions of the words ''that are not of the class of subsection (a)''
are not approved.
Sections 86.112(b)(1) and 89.101(a) are approved except to the extent
that the proposed revisions do not require that the detailed designs of
impoundments with a storage capacity of more than 20 acre-feet must be
prepared by or under the direction of, and certified by, a qualified
registered professional engineer.
Sections 87.112(b)(1) and 90.112(b)(1) are approved except to the
extent that they do not require that each impoundment be certified that
the impoundment has been constructed and/or maintained as approved in
the permit and in accordance with all applicable performance standards.
Sections 87.112(f), 89.101(d) and 90.112(f) are approved except to
the extent that the regulatory authority may accept MSHA approval in
lieu of the requirements of 87.112(f), 89.111(b) and 90.112(a) for
MSHA size impoundments.
Section 87.125(a) is approved except to the extent that the proposed
language would limit the opportunity to receive a preblasting survey to
one-half mile of the blasting site rather than to one-half mile of any
part of the permit area.
Section 87.127(e)(2) is approved except to the extent that the rule
would allow the State not to specify lower blasting limits where such
limits are necessary to prevent damage.
Section 87.127(h) is approved except to the extent that the rule does
not require that all structures in the vicinity of the blasting area
shall be protected from damage.
Section 87.131(n) is approved except to the extent that the excess
spoil fill is not certified by the qualified registered professional
engineer in the report to the regulatory authority that the fill has
been maintained in accordance with the approved plan and applicable
performance standards, and the report does not include appearances of
instability, structural weakness and other hazardous conditions.
Section 87.135(a) is approved except to the extent that the rule
could be interpreted not to limit surface mining activities within 500
feet from any and all points of either an active or abandoned
underground mine.
Sections 87.138, 89.82, and 90.150 are approved except to the extent
that the regulatory authority is not required to consult with the USFWS
upon notification of the presence of bald or golden eagle nests found
within a permit area.
Action is deferred on 87.207(b) and 88.507(b) pending receipt from
the EPA of a specific determination that the amendments to these
sections are consistent with section 301(p) of the FWPCA.
Section 88.24(b)(4) is approved except to the extent that: (1) The
rule would permit the State to waive the chemical analysis requirement
without a request from the operator and without making a finding in
writing that the analyses are not necessary because other equivalent
information is available to the State in a satisfactory form, and (2)
the State does not require that, at a minimum, the required chemical
analysis of the overburden shall analyze those strata that may contain
acid- or toxic-forming materials, and to determine their content
including sulfur content.
Sections 88.492(c)(4) and 89.71(d) -- deletion of language which
requires the description in the reclamation plan to be accompanied by a
copy of the comments concerning the proposed land use from the legal or
equitable owner of record of the surface areas to be affected by surface
operation of facilities within the proposed permit area, and from the
State and local government agencies which would have to initiate,
implement, approve, or authorize the proposed use of the land following
reclamation is not approved.
Sections 89.59(a) (1) and (2) and 89.34(a)(1) are approved except to
the extent that they do not specify the minimum parameters to be
monitored, and do not specify the frequency for the reporting of
monitoring data to the State.
Sections 89.59(a)(3) and 89.34(a)(2)(ii) are approved except to the
extent that the State does not require the surface water monitoring plan
to contain the information specified by 30 CFR 784.14(i).
Section 89.172(b) is approved except to the extent that the proposed
rule does not require the regulatory authority to issue a written
finding that the operation will be conducted in compliance with the
performance standards of section 89.173.
Section 90.112(d) -- language which states ''or release of the
performance bond'' is not approved.
(t) The following amendment to the Pennsylvania program as submitted
on September 24, 1986, and revised on February 7, 1987, is approved
effective October 24, 1991:
1. Revisions to title 25, Pennsylvania Code 86.182 and 86.186-190
pertaining to the Bond Forfeiture Reclamation Program:
Section 86.182 -- Bond Forfeiture Procedures.
Section 86.186 -- Scope of Regulations.
Section 86.187 -- Use of Money. (Except subsection 86.187(b)(1) to
the extent that any alternative reclamation plans do not comply with all
applicable performance standards in accordance with 86.189(c)(2), (c)(3)
or (c)(4), whichever is appropriate and 86.187(c) to the extent that
alternative reclamation plans do not meet all applicable postmining land
use requirements).
Section 86.188 -- Evaluation of Bond Forfeiture Sites. (Except for
subsections 86.188(b) and (c) to the extent they allow funds posted for
and needed to complete reclamation of a specific site to be used for
reclamation of other sites).
Section 86.189 -- Reclamation of Bond Forfeiture Sites. (Except for
subsection 86.189(c)(5) and the cross-references thereto, contained in
subsections 86.189(c)(2), (c)(3) and (c)(4)).
Section 86.190 -- Sites Where Reclamation is Unreasonable,
Unnecessary or Impossible; Excess Funds. (Except for the words ''but
are not limited to'' in the introductory paragraph of subsection (a) and
except for subsection 86.190(a)(3). Subsections 86.190(a)(1) and (a)(2)
are approved to the extent that full reclamation of the site, in
accordance with the reclamation plan and all applicable performance
standards is required.)
2. Revisions to the Pennsylvania Surface Mining and Conservation Act
(Pub. L. 1198):
Section 3.1 -- Operator's License; Withholding or Denying Permits or
Licenses; Penalty.
Section 4(a) and 4(b) -- Mining Permit; Reclamation Plan; Bond.
Section 18(c)(i) -- Surface Mining Conservation and Reclamation Fund;
Payments to Clean Water Fund. (Except subsection 18(c) to the extent
that it would allow lands for which bonds have been forfeited under the
Federal interim program or under Pennsylvania's permanent program to be
reclaimed to meet an alternative postmining land use that is not equal
to or higher than the premining land use).
Section 18.8 -- Publication of Regulations.
(49 FR 45391, Nov. 5, 1983)
Editorial Note: For Federal Register citations affecting 938.15,
see the List of CFR Sections Affected in the Finding Aids section of
this volume.
30 CFR 938.16 Required regulatory program amendments.
Pursuant to 30 CFR 732.17, Pennsylvania is required to submit the
following proposed program amendments by the dates specified.
(a) -- (e) (Reserved)
(f) By August 24, 1987, Pennsylvania shall amend its regulations at
88.129(f)(1) and (2) and the corresponding provisions under Chapter 88,
Subchapters C, D, and F (88.217, 88.330 and 88.491) or otherwise amend
its program to be consistent with section 510(d) of SMCRA by requiring
that the restoration of prime farmland soil productivity shall be
determined on the basis of measurement of crop yields.
(g) By November 1, 1991, Pennsylvania shall amend the definition of
''surface mining activities'' at 86.1 and 87.1 or otherwise amend its
program to be no less effective than the Federal definition at 30 CFR
700.5 to make it unequivocally clear that the construction of any road,
or similar disturbance such as a pathway, outside the permit area for
any purpose related to a surface mining activity, including ''walking''
a dragline or other equipment, or for the assembly or disassembly, or
staging of equipment, shall be deemed a surface mining activity and will
be regulated.
(h) By November 1, 1991, Pennsylvania shall submit information,
sufficient to demonstrate that the revenues generated by the collection
of the reclamation fee, as amended in 86.17(e), will assure that the
Surface Mining Conservation and Reclamation Fund can be operated in a
manner that will meet the requirements of 30 CFR 800.11(e). Pennsylvania
could provide such a demonstration through an actuarial study showing
the Fund's soundness or financial solvency. In addition, Pennsylvania
shall clarify the procedures to be used for bonding the surface impacts
of underground mines and the procedures to reclaim underground mining
permits where the operator has defaulted on the obligation to reclaim.
(i) By November 1, 1991, Pennsylvania shall amend its rules at
86.83(a)(2) or otherwise amend its program to be no less effective than
30 CFR 795.6(a)(2) by making it clear that any and all consecutive
12-month periods shall be considered in the determination of eligibility
for assistance.
(j) By November 1, 1991, Pennsylvania shall amend its rules at
86.83(b)(5)(b) or otherwise amend its program to be no less effective
than 30 CFR 795.6(a)(2)(iv) by clarifying that all coal produced by
operations owned by the applicant's individual family members and
relatives must also be counted toward the 100,000 ton limitation.
(k) By November 1, 1991, Pennsylvania shall amend its rules at
86.94(a)(5) or otherwise amend its program to be no less effective than
30 CFR 795.12(a)(3) by clarifying that if the permit is sold,
transferred, or assigned to another person and that transferee's total
actual and attributed production exceeds the 100,000-ton annual
production limit during ''any'' consecutive 12-month period of the
remaining term of the permit, that the applicant and its successor are
jointly and severally obligated to reimburse the regulatory authority
for the cost of laboratory services.
(l) By November 1, 1991, Pennsylvania shall amend its rules at
86.156(b) or otherwise amend its program to be no less effective than 30
CFR 800.16(e)(1) by requiring that notice be given to the State of any
action filed alleging the insolvency or bankruptcy of the permittee.
(m) By November 1, 1991, Pennsylvania shall amend its rules at
86.158(b)(1) or otherwise amend its program to be no less effective than
30 CFR 800.21(a)(2) by requiring that the value of all government
securities pledged as collateral bond shall be determined using the
current market value.
(n) by November 1, 1991, Pennsylvania shall amend 86.158(b)(2) or
otherwise amend its program to be no less effective than 30 CFR
800.21(e)(1) by requiring that the provisions related to valuation of
collateral bonds be amended to be subject to a margin, which is the
ratio of the bond value to the market value, and which accounts for
legal and liquidation fees, as well as value depreciation,
marketability, and fluctuations which might affect the net cash
available to the regulatory authority in case of forfeiture.
(o) By November 1, 1991, Pennsylvania shall amend 86.158(b)(3) or
otherwise amend its program to be no less effective than 30 CFR
800.21(e)(2) to ensure that the bond value of all collateral bonds be
evaluated during the permit renewal process to ensure that the
collateral bond is sufficient to satisfy the bond amount requirements.
(p) By November 1, 1991, Pennsylvania shall amend 86.174(b)(3), or
otherwise amend its program to be no less effective than 30 CFR
800.40(c)(2) by requiring the necessary reference to chapter 88.
(q) By November 1, 1991, Pennsylvania shall amend 86.182(d) or
otherwise amend its program to be no less effective than 30 CFR 800.50
(b)(1) and (b)(2) by requiring that forfeited collateral bonds, which
are paid into the Surface Mining Conservation and Reclamation Fund, be
used to complete reclamation on the site to which the bond coverage
applies.
(r) by November 1, 1991, Pennsylvania shall amend 86.193(h) or
otherwise amend its program to be no less effective than 30 CFR
846.12(a) by clarifying that an individual civil penalty is not a
substitute for mandatory civil penalties and to clarify when the
assessment of an individual civil penalty may be appropriate.
(s) By November 1, 1991, Pennsylvania shall amend 87.73 or otherwise
amend its program to be no less effective than 30 CFR 780.25(a)(3)(i)
and 30 CFR 77.216(a) to clarify that all impoundments with a storage
volume of 20 acre-feet or more must be designed by or under the
direction of, and certified by, a qualified registered professional
engineer with assistance from experts in related fields such as geology,
land surveying, and landscape architecture.
(t) By November 1, 1991, Pennsylvania shall amend 87.112(b)(1) and
89.101(a), or otherwise amend its program to be no less effective than
30 CFR 780.25/784.16(a)(3)(i) by requiring that all impoundments which
meet or exceed the MSHA size classification of 30 CFR 77.216 are
designed and certified by or under the direction of, a qualified
registered professional engineer.
(u) By November 1, 1991, Pennsylvania shall amend 87.112(b)(1) and
90.112(b)(1) or otherwise amend its program to be no less effective than
30 CFR 816/817.49(a)(10)(ii) by requiring that all impoundments be
certified that they have been constructed and are being maintained as
designed and in accordance with the approved plan and all applicable
performance standards. Pennsylvania shall also amend 89.101 and
89.112 to require that all impoundments shall be similarly certified.
(v) By November 1, 1991, Pennsylvania shall amend 87.112(f),
89.101(d) and 90.112(f), or otherwise amend its program to be no less
effective than 30 CFR 780.25(c)(2) by requiring that the State may
consider MSHA's action on plans for impoundments, but that the State is
independently charged to make its own findings with regard to plan
approvals.
(w) By November 1, 1991, Pennsylvania shall amend 87.125(a), or
otherwise amend its program to be no less stringent than section
515(b)(15)(E) of SMCRA to provide the opportunity to request a
preblasting survey to every resident or owner of a man-made structure or
dwelling within one-half mile of any part of the permit area.
(x) By November 1, 1991, Pennsylvania shall amend 87.127(e)(2) or
otherwise amend its program to be no less effective than 30 CFR
816.67(b)(1)(ii) by requiring that, if necessary to prevent damage,
Pennsylvania shall specify lower maximum allowable airblast levels than
those specified in 87.127(e).
(y) By November 1, 1991, Pennsylvania shall amend 87.127(h) or
otherwise amend its program to be no less effective than 30 CFR
816.67(d)(1) by requiring that all structures in the vicinity of the
blasting area be protected from damage by establishment of a maximum
allowable limit on the ground vibration.
(z) By November 1, 1991, Pennsylvania shall amend 87.1279(j) to
correct an apparent typographical error by replacing the reference to
subsection (o) with one to subsection (n).
(aa) By November 1, 1991, Pennsylvania shall amend 87.127(n) to
correct two typographical errors by changing ''5,000 and beyond'' to
read ''5,001 and beyond'' and by changing the reference in Footnote 2 to
read subsection ''(j)'' rather than ''(k).''
(bb) By November 1, 1991, Pennsylvania shall amend 87.131(n), or
otherwise amend its program to be no less effective than 30 CFR
816.71(h)(2) by requiring that the qualified registered professional
engineer provide a certified report that the excess spoil fill has been
constructed and maintained in accordance with the approved design plan
and in accordance with all applicable performance standards, and that
the report include appearances of instability, structural weakness and
other hazardous conditions.
(cc) By November 1, 1991, Pennsylvania shall amend 87.135(a) or
otherwise amend its program to be no less effective than 30 CFR 816.79
by making it clear that surface mining activities are prohibited within
500 feet of ''any'' point of either an active or an abandoned
underground mine.
(dd) By November 1, 1991, Pennsylvania shall amend 87.138(c),
89.82(d), and 90.150(c) or otherwise amend its program to be no less
effective than 30 CFR 816/817.97 to require consultation with the USFWS
upon notification by an operator of the presence of any golden or bald
eagle nests within the permit area.
(ee) By November 1, 1991, Pennsylvania shall amend 88.24(b)(4) or
otherwise amend it program to be no less effective than 30 CFR 780.22(d)
by including provisions that the requirements for chemical analysis of
the coal and overburden can only be waived after Pennsylvania makes a
finding in writing that such analyses are not necessary because other
equivalent information is available. In addition, Pennsylvania shall
amend 88.24 or otherwise amend its program to clearly require the
minimum chemical analyses for overburden and coal specified in the
Federal regulations at 30 CFR 780.22(b)(2) (ii) and (iii).
(ff) By November 1, 1991, Pennsylvania shall amend 88.61(b)(1) to
correct an apparent typographical error by replacing the reference to
88.32(d)(1) with 88.32(d).
(gg) By November 1, 1991, Pennsylvania shall amend 88.491(j) or
otherwise amend its program to require that the preparation of
cross-sections, maps and plans be prepared with assistance from experts
in related fields such as landscape architecture.
(hh) By November 1, 1991, Pennsylvania shall amend 89.59(a)(1) and
(2) or otherwise amend its program to be no less effective than 30 CFR
784.14(h)(1) to require the monitoring plan to specify that, at a
minimum, the total dissolved solids or specific conductance, pH, total
iron, total manganese, and water levels shall be monitored and data
submitted to Pennsylvania at least every three months for each three
months for each monitoring location.
(ii) By November 1, 1991, Pennsylvania shall amend 89.59(a)(3) or
otherwise amend its program to be no less effective than 30 CFR
784.14(i) (1) and (2) to require the surface water monitoring plan to
provide for the monitoring of parameters that relate to the suitability
of the surface water for current and approved postmining land use, and
require the plan to identify sampling and monitoring report frequency
and site locations.
(jj) By November 1, 1991, Pennsylvania shall amend its rules at
89.172(b) or otherwise amend its program to be no less effective than 30
CFR 785.21(c) by requiring that a permit will not be issued until the
regulatory authority makes a finding, in writing, that the activity will
be conducted in compliance with all applicable performance standards.
(kk) By April 22, 1992, Pennsylvania shall amend the following rules
of the Pennsylvania Surface Mining and Conservation Act to correct
cross-references:
(1) At section 3.1(c), replace the cross-reference to section 4.2(f)
with one to 4b(f).
(2) At section 3.1(d), replace the cross-reference to section 18.6
with one to 24.
(ll) By April 22, 1992, Pennsylvania shall amend section 4(a)(2) of
the Pennsylvania Surface Mining and Conservation Act or otherwise amend
its program to be no less effective than 30 CFR 778.15(b) by requiring
that a permit applicant submit: (a) A copy of the conveyance granting
or reserving the right to extract coal; and (b) documentation
demonstrating authority under Pennsylvania law to extract coal by
surface mining methods where the conveyance does not expressly grant
such a right.
(mm) By April 22, 1992, Pennsylvania shall amend 25 Pa. Code
86.187(b)(1) or otherwise amend its program by requiring that
alternative reclamation plans comply with all applicable performance
standards in accordance with 86.189(c)(2), (c)(3) or (c)(4), whichever
is appropriate.
(nn) By April 22, 1992, Pennsylvania shall amend 25 Pa. Code
86.187(c) and section 18(c) of the Pennsylvania Surface Mining and
Conservation Act or otherwise amend its program to be no less effective
than 30 CFR 816.133(a) and 817.133(a) by requiring that alternative
postmining land use determinations for sites with forfeited bonds under
the Federal interim program or under Pennsylvania's permanent program be
made to ensure that all disturbed areas are restored to conditions that
are capable of supporting either the uses they were capable of
supporting before any mining, or higher or better uses.
(oo) By April 22, 1992, Pennsylvania shall delete 25 Pa. Code
86.189(c)(5) or otherwise amend its program to be no less effective than
30 CFR 816.133(a) and 817.133(a) by requiring that sites bonded during
the Federal interim program or under Pennsylvania's permanent program be
restored to conditions that are capable of supporting the uses they were
capable of supporting before any mining or higher or better uses.
(pp) By April 22, 1992, Pennsylvania shall delete 25 Pa. Code
86.190(a)(3).
(qq) By April 22, 1992, Pennsylvania shall delete the words ''but are
not limited to'' from the introductory paragraph of 86.190(a).
(50 FR 32849, Aug. 15, 1985 and 50 FR 45823, Nov. 4, 1985, as amended
at 51 FR 18321, May 19, 1986; 51 FR 31945, Sept. 8, 1986; 52 FR 19510,
May 26, 1987; 52 FR 23173, June 18, 1987; 53 FR 43439, Oct. 27, 1988;
56 FR 24719, May 31, 1991; 56 FR 55087, Oct. 24, 1991)
30 CFR 938.20 Approval of the Pennsylvania Abandoned Mine Land
Reclamation Plan.
The Pennsylvania Abandoned Mine Land Reclamation Plan as submitted on
November 3, 1980, is approved. Copies of the approved Plan are
available at the following locations:
Department of Environmental Resources, Office of Resources
Management, Third and Reilly Street, Evangelical Press Building, 2nd
Floor, Harrisburg, Pennsylvania 17120
Office of Surface Mining Reclamation and Enforcement, 603 Morris
Street, Charleston, West Virginia 25311
Office of Surface Mining Reclamation and Enforcement, Administrative
Record Room 5315, 1100 ''L'' Street, NW., Washington, DC 20240.
(47 FR 33083, July 30, 1982)
30 CFR 938.20 PART 939 -- RHODE ISLAND
Sec.
939.700 Rhode Island Federal program.
939.701 General.
939.702 Exemption for coal extraction incidental to the extraction of
other minerals.
939.707 Exemption for coal extraction incident to Government-financed
highway or other construction.
939.761 Areas designated unsuitable for surface coal mining by Act of
Congress.
939.762 Criteria for designating areas as unsuitable for surface coal
mining operations.
939.764 Process for designating areas unsuitable for surface coal
mining operations.
939.772 Requirements for coal exploration.
939.773 Requirements for permits and permit processing.
939.774 Revision; renewal; and transfer, assignment, or sale of
permit rights.
939.775 Administrative and judicial review of decisions.
939.777 General content requirements for permit applications.
939.778 Permit applications -- minimum requirements for legal,
financial, compliance, and related information.
939.779 Surface mining permit applications -- minimum requirements
for information on environmental resources.
939.780 Surface mining permit applications -- minimum requirements
for reclamation and operations plan.
939.783 Underground mining permit applications -- minimum
requirements for information on environmental resources.
939.784 Underground mining permit applications -- minimum
requirements for reclamation and operation plan.
939.785 Requirements for permits for special categories of mining.
939.795 Small operator assistance.
939.800 General requirements for bonding of surface coal mining and
reclamation operations.
939.815 Performance standards -- coal exploration.
939.816 Performance standards -- surface mining activities.
939.817 Performance standards -- underground mining activities.
939.819 Special performance standards -- auger mining.
939.823 Special performance standards -- operations on prime
farmland.
939.824 Special performance standards -- mountaintop removal.
939.827 Special performance standards -- coal processing plants and
support facilities not located at or near the minesite or not within the
permit area for a mine.
939.828 Special performance standards -- in situ processing.
939.842 Federal inspections.
939.843 Federal enforcement.
939.845 Civil penalties.
939.846 Individual civil penalties.
933.955 Certification of blasters.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq. ; and Pub. L.
100-34.
Source: 48 FR 40995, Sept. 12, 1983, unless otherwise noted.
30 CFR 939.700 Rhode Island Federal program.
(a) This part contains all rules that are applicable to surface coal
mining and reclamation operations in Rhode Island which have been
adopted under the Surface Mining Control and Reclamation Act of 1977.
(b) The rules in this part cross-reference pertinent parts of the
permanent program regulations in this chapter. The full text of a rule
is in the permanent program rule cited under the relevant section of the
Rhode Island Federal program.
(c) The rules in this part apply to all surface coal mining and
reclamation operations in Rhode Island conducted on non-Federal and
non-Indian lands. The rules in subchapter D of this chapter apply to
operations on Federal lands in Rhode Island.
(d) The information collection requirements contained in this part do
not require approval by the Office of Management and Budget under 44
U.S.C. 3507 because there are fewer than ten respondents annually.
(e) The following provisions of Rhode Island laws provide, where
applicable, for more stringent environmental control and regulation of
surface coal mining and reclamation operations than do the provisions of
the Act and the regulations in this chapter. Therefore, pursuant to
Section 505(b) of the Act, they shall not be construed to be
inconsistent with the Act:
(1) R.I. General Laws Sections 23-19.1-1 to 23-19.1-22, regulating
treatment, disposal, and transportation of hazardous wastes within the
State of Rhode Island.
(2) R.I. General Laws Sections 46-12-1 to 46-12-37, controlling the
pollution of any of the State's waterways.
(f) There are no Rhode Island laws that generally interfere with the
achievement of the purposes and requirements of the Act and which must
be superseded and preempted pursuant to Section 504(g). Some Rhode
Island laws may in an individual situation interfere with the
achievement of the purposes and requirements of the Act and may be
preempted and superseded with respect to the performance standards of
939.815 through 939.828 as they affect a particular coal exploration or
surface mining operation by publication of a notice to that effect in
the Federal Register.
30 CFR 939.701 General.
Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701
of this chapter shall apply to surface coal mining and reclamation
operations in Rhode Island.
30 CFR 939.702 Exemption for coal extraction incidental to the
extraction of other minerals.
Part 702 of this chapter, Exemption for Coal Extraction Incidental to
the Extraction of Other Minerals, shall apply to any person who conducts
coal extraction incidental to the extraction of other minerals for
purposes of commercial use or sale.
(54 FR 52123, Dec. 20, 1989)
30 CFR 939.707 Exemption for coal extraction incident to
Government-financed highway or other construction.
Part 707 of this chapter, Exemption for Coal Extraction Incident to
Government-Financed Highway or Other Construction, shall apply to
surface coal mining and reclamation operations.
30 CFR 939.761 Areas designated unsuitable for surface coal mining by
Act of Congress.
Part 761 of this chapter, Areas Designated by Act of Congress, shall
apply to surface coal mining and reclamation operations.
30 CFR 939.762 Criteria for designating areas as unsuitable for surface
coal mining operations.
Part 762 of this chapter, Criteria for Designating Areas Unsuitable
for Surface Coal Mining Operations, shall apply to surface coal mining
and reclamation operations.
30 CFR 939.764 Process for designating areas unsuitable for surface
coal mining operations.
Part 764 of this chapter, State Processes for Designating Areas
Unsuitable for Surface Coal Mining Operations, pertaining to
petitioning, initial processing, hearing requirements, decisions, data
base and inventory systems, public information, and regulatory
responsibilities shall become applicable in Rhode Island on May 28,
1983.
30 CFR 939.772 Requirements for coal exploration.
(a) Part 772 of this chapter, Requirements for Coal Exploration,
shall apply to any person who conducts or seeks to conduct coal
exploration operations.
(b) The Office shall make every effort to act on an exploration
application within 60 days of receipt or such longer time as may be
reasonable under the circumstances. If additional time is needed, OSMRE
shall notify the applicant that the application is being reviewed, but
more time is necessary to complete such review, setting forth the
reasons and the additional time that is needed.
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this
section, any person who intends to conduct coal exploration shall, prior
to conducting the exploration, file with the regulatory authority a
written notice of intention to explore including:
(1) The name, address, and telephone number of the person seeking to
explore;
(2) The name, address, and telephone number of the representative who
will be present at and responsible for conducting the exploration
activities;
(3) A precise description and map, at a scale of 1:24,000 or larger,
of the exploration area;
(4) A statement of the period of intended exploration;
(5) If the surface is owned by a person other than the person who
intends to explore, a description of the basis upon which the person who
will explore claims the right to enter such area for the purpose of
conducting exploration and reclamation; and
(6) A description of the practices proposed to be followed to protect
the environment from adverse impacts as a result of the exploration
activities.
(d) The Office shall make every effort to act on an exploration
application within 60 days of receipt or such longer time as may be
reasonable under the circumstances. If additional time is needed, OSMRE
shall notify the applicant that the application is being reviewed, but
that more time is necessary to complete such review, setting forth the
reasons and the additional time that is needed.
(52 FR 13813, Apr. 24, 1987)
30 CFR 939.773 Requirements for permits and permit processing.
(a) Part 773 of this chapter, Requirements for Permits and Permit
Processing, shall apply to any person who applies for a permit for
surface coal mining and reclamation operations.
(b) In addition to the requirements of part 773, the following permit
application review procedures shall apply:
(1) Any person applying for a permit shall submit five copies of the
application to the Office.
(2) The Office shall review an application for administrative
completeness and acceptablity for further review and shall notify the
applicant in writing of the findings. The Office may:
(i) Reject a flagrantly deficient application, notifying the
application of the findings;
(ii) Request additional information required for completeness stating
specifically what information must be supplied and negotiate the date by
which the information must be submitted; or
(iii) Judge the application administratively complete and acceptable
for further review.
(3) Should the applicant not submit the information as required by
939.773(b)(2)(ii) by the specified date, the Office may reject the
application. When the applicant submits the required information by the
specified date, the Office shall review it and advise the applicant
concerning its acceptability.
(4) When the application is judged administratively complete, the
applicant shall be advised by the Office to file the public notice
required by 773.13 of this chapter.
(5) A representative of the Office shall visit the proposed permit
area to determine whether the operation and reclamation plans are
consistent with actual site conditions. The applicant will be notified
in advance of the time of the visit. At the time of the visit, the
applicant shall have the locations of the proposed permit boundaries,
topsoil storage areas, sediment control structures, roads, and other
significant features contained in the application marked by flags.
(c) In addition to the information required by subchapter G of this
chapter, the Office may require an applicant to submit supplementary
information to ensure compliance with applicable Federal laws and
regulations other than the Act.
(d) Where applicable, no person shall conduct surface coal
exploration operations which result in the removal of more than 250 tons
of coal nor shall any person conduct surface coal mining operations
without a permit issued by the Secretary pursuant to 30 CFR part 773 and
permits issued pursuant to State law, including: the Wetlands
Protection Act (R.I. General Laws Section 2-1-22); Chapter 20 of the
Waters and Navigation Act (petitions for ditches and drains) (R.I.
General Laws Section 46-20-1 et seq.); the Coastal Resources Management
Council Act of 1971 (R.I. General Laws Section 46-23-6); the Rhode
Island Hazardous Waste Management Act of 1978 (R.I. General Laws Section
23-19.1-11 et seq.); the Rhode Island Act for Inspection of Dams and
Reservoirs (R.I. General Laws Section 46-19-1 et seq.) and Chapter
23-28.28 of Rhode Island's Health and Safety Code (R.I. General Laws
Section 23-28.28-1 et seq., permits for blasting), and an order of
approval authorizing discharge of sewage into waterways within the State
and modification or operation of sewage disposal systems if applicable
(R.I. General Laws Sections 46-12-1 to 46-12-37). The permit issued by
the Secretary shall incorporate the requirements of the Rhode Island
Historical Zoning Act of 1954, as amended (R.I. General Laws Section
45-24.1-1 et seq.) and the Rhode Island Antiquities Act of 1974 (R.I.
General Laws Section 42-45.1-1 et seq.).
(e) The Secretary shall coordinate review and issuance of a coal
exploration or surface coal mining permit with the review and issuance
of other Federal and State permits listed in this section and 30 CFR
part 773.
(52 FR 13813, Apr. 24, 1987)
30 CFR 939.774 Revision; renewal; and transfer, assignment, or sale
of permit rights.
(a) Part 774 of this chapter, Revision; Renewal; and Transfer,
Assignment, or Sale of Permit Rights, shall apply to any such actions
involving surface coal mining and reclamation operations permits.
(b) Any revision to the approved permit will be subject to review and
approval by OSMRE.
(1) Significant revisions shall be processed as if they are new
applications in accordance with the public notice and hearing provisions
of 773.13, 773.19(b) (1) and (2), and 778.21 and of part 775.
(2) OSMRE shall make every effort to approve or disapprove an
application for permit revision within 60 days of receipt or such longer
time as may be reasonable under the circumstances. If additional time
is needed, OSMRE shall notify the applicant that the application is
being reviewed, but that more time is necessary to complete such review,
setting forth the reasons and the additional time that is needed.
(c) In addition to the requirements of part 774 of this chapter, any
person having an interest which is or may be adversely affected by a
decision on the transfer, assignment, or sale of permit rights,
including an official of any Federal, State, or local government agency,
may submit written comments on the application to the Office within
thirty days of either the publication of the newspaper advertisement
required by 774.17(b)(2) of this chapter or receipt of an
administratively complete application, whichever is later.
(52 FR 13814, Apr. 24, 1987)
30 CFR 939.775 Administrative and judicial review of decisions.
Part 775 of his chapter, Administrative and Judicial Review of
Decisions, shall apply to all decisions on permits.
(52 FR 13814, Apr. 24, 1987)
30 CFR 939.777 General content requirements for permit applications.
Part 777 of this chapter, General Content Requirements for Permit
Applications, shall apply to any person who applies for a permit to
conduct surface coal mining and reclamation operations.
(52 FR 13814, Apr. 24, 1987)
30 CFR 939.778 Permit applications -- minimum requirements for legal,
financial, compliance, and related information.
Part 778 of this chapter, Permit Applications -- Minimum Requirements
for Legal, Financial, Compliance and Related Information, shall apply to
any person who applies for a permit to conduct surface coal mining and
reclamation operations.
(52 FR 13814, Apr. 24, 1987)
30 CFR 939.779 Surface mining permit applications -- minimum
requirements for information on environmental resources.
Part 779 of this chapter, Surface Mining Permit Applications --
Minimum Requirements for Information on Environmental Resources, shall
apply to any person who makes application to conduct surface coal mining
and reclamation operations.
30 CFR 939.780 Surface mining permit applications -- minimum
requirements for reclamation and operations plan.
(a) Part 780 of this chapter, Surface Mining Permit Applications --
Minimum Requirements for Reclamation and Operation Plan, shall apply to
any person who makes application to conduct surface coal mining and
reclamation operations.
(b) The applicant for a permit shall demonstrate compliance with
Rhode Island air quality control laws (R.I. General Laws Section 23-23-1
et seq.) by obtaining an order of approval from the Director of the
Department of Environmental Management for any facility with the
potential to emit one ton per year or more of any air contaminant
pursuant to R.I. General Laws Section 23-23-15.
30 CFR 939.783 Underground mining permit applications -- minimum
requirements for information on environmental resources.
Part 783 of this chapter, Underground Mining Permit Applications --
Minimum Requirements for Information on Environmental Resources, shall
apply to any person who submits an application to conduct underground
coal mining operations.
30 CFR 939.784 Underground mining permit applications -- minimum
requirements for reclamation and operation plan.
Part 784 of this chapter, Underground Mining Permit Applications --
Minimum Requirements for Reclamation and Operation Plan, shall apply to
any person who makes application to conduct underground coal mining.
30 CFR 939.785 Requirements for permits for special categories of
mining.
Part 785 of this chapter, Requirements for Permits for Special
Categories of Mining, shall apply to each person who makes application
for a permit to conduct certain categories of surface coal mining and
reclamation operations as specified therein.
30 CFR 939.795 Small operator assistance.
Part 795 of this chapter, Small Operator Assistance, shall apply to
any person making application for assistance under the small operator
assistance program.
30 CFR 939.800 General requirements for bonding of surface coal mining
and reclamation operations.
Part 800 of this chapter, General Requirements for Bonding of Surface
Coal Mining and Reclamation Operations Under Regulatory Programs, shall
apply to all surface coal mining and reclamation operations.
30 CFR 939.815 Performance standards -- Coal exploration.
Part 815 of this chapter, Permanent Program Performance Standards --
Coal Exploration, shall apply to any person conducting coal exploration
operations.
30 CFR 939.816 Performance standards -- surface mining activities.
Part 816 of this chapter, Permanent Program Performance Standards --
Surface Mining Activities, shall apply to any person who conducts
surface coal mining and reclamation operations.
30 CFR 939.817 Performance standards -- underground mining activities.
Part 817 of this chapter, Permanent Program Performance Standards --
Underground Mining Activities, shall apply to any person who conducts
underground coal mining operations.
30 CFR 939.819 Special performance standards -- auger mining.
Part 819 of this chapter, Special Permanent Program Performance
Standards -- Auger Mining, shall apply to any person who conducts
surface coal mining operations which include auger mining.
30 CFR 939.823 Special performance standards -- operations on prime
farmland.
Part 823 of this chapter, Special Permanent Program Performance
Standards -- Operations on Prime Farmland, shall apply to any person who
conducts surface coal mining and reclamation operations on prime
farmlands.
30 CFR 939.824 Special performance standards -- mountaintop removal.
Part 824 of this chapter, Special Permanent Program Performance
Standards -- Mountaintop Removal, shall apply to any person who conducts
surface coal mining operations constituting mountaintop removal mining.
30 CFR 939.827 Special performance standards -- coal processing plants
and support facilities not located at or near the minesite or not within
the permit area for a mine.
Part 827 of this chapter, Special Permanent Program Performance
Standards -- Coal Processing Plants and Support Facilities Not Located
at or Near the Minesite or Not Within the Permit Area for a Mine, shall
apply to any person who conducts surface coal mining and reclamation
operations which include the operation of coal processing plants and
support facilities not located at or near the minesite or not within the
permit area for a mine.
30 CFR 939.828 Special performance standards -- in situ processing.
Part 828 of this chapter, Special Permanent Program Performance
Standards -- In Situ Processing, shall apply to any person who conducts
in situ processing activities.
30 CFR 939.842 Federal inspections.
(a) Part 842 of this chapter, Federal Inspections, shall apply to all
coal exploration and surface coal mining and reclamation operations.
(b) The Secretary will furnish copies of inspection reports and
reports of any enforcement action taken to the Rhode Island Department
of Environmental Management upon request.
30 CFR 939.843 Federal enforcement.
(a) Part 843 of this chapter, Federal Enforcement, shall apply when
enforcement action is required for violations on coal exploration or
surface coal mining and reclamation operations.
(b) The Office will furnish a copy of any order to show cause to the
Rhode Island Department of Environmental Management upon request.
30 CFR 939.845 Civil penalties.
Part 845 of this chapter, Civil Penalties, shall apply when civil
penalties are assessed for violations on surface coal mining and
reclamation operations.
30 CFR 939.846 Individual civil penalties.
Part 846 of this chapter, Individual Civil Penalties, shall apply to
the assessment of individual civil penalties under section 518(f) of the
Act.
(53 FR 3676, Feb. 8, 1988)
30 CFR 939.955 Certification of blasters.
Part 955 of this chapter, Certification of Blasters in Federal
Program States and on Indian Lands, shall apply to the training,
examination and certification of blasters for surface coal mining and
reclamation operations.
(51 FR 19462, May 29, 1986)
30 CFR 939.955 PART 941 -- SOUTH DAKOTA
Sec.
941.700 South Dakota Federal program.
941.701 General.
941.702 Exemption for coal extraction incidental to the extraction of
other minerals.
941.707 Exemption for coal extraction incident to Government-financed
highway or other construction.
941.761 Areas designated unsuitable for surface coal mining by act of
Congress.
941.762 Criteria for designating areas as unsuitable for surface coal
mining operations.
941.764 Process for designating areas unsuitable for surface coal
mining operations.
941.772 Requirements for coal exploration.
941.773 Requirements for permits and permit processing.
941.774 Revision; renewal; and transfer, assignment, or sale of
permit rights.
941.775 Administrative and judicial review of decisions.
941.777 General content requirements for permit applications.
941.778 Permit applications -- minimum requirements for legal,
financial, compliance, and related information.
941.779 Surface mining permit applications -- minimum requirements
for information on environmental resources.
941.780 Surface mining permit applications -- minimum requirements
for reclamation and operation plan.
941.783 Underground mining permit applications -- minimum
requirements for information on environmental resources.
941.784 Underground mining permit applications -- minimum
requirements for reclamation and operation plan.
941.785 Requirements for permits for special categories of mining.
941.795 Small operator assistance.
941.800 General requirements for bonding of surface coal mining and
reclamation operations.
941.815 Performance standards -- coal exploration.
941.816 Performance standards -- surface mining activities.
941.817 Performance standards -- underground mining activities.
941.819 Special performance standards -- auger mining.
941.822 Special performance standards -- operations in alluvial
valley floors.
941.823 Special performance standards -- operations on prime
farmland.
941.824 Special performance standards -- mountaintop removal.
941.827 Special performance standards -- coal processing plants and
support facilities not located at or near the minesite or not within the
permit area for a mine.
941.828 Special performance standards -- in situ processing.
941.842 Federal inspections.
941.843 Federal enforcement.
941.845 Civil penalties.
941.846 Individual civil penalties.
941.955 Certification of blasters.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq. ; and Pub. L.
100-34.
Source: 48 FR 16823, Apr. 19, 1983, unless otherwise noted.
30 CFR 941.700 South Dakota Federal program.
(a) This part contains all rules that are applicable to surface coal
mining operations in South Dakota which have been adopted under the
Surface Mining Control and Reclamation Act of 1977.
(b) The rules in this part cross-reference pertinent parts of the
permanent program regulations in this chapter. The full text of a rule
is in the permanent program rule cited under the relevant section of the
South Dakota Federal program.
(c) The rules in this part apply to all surface coal mining
operations in South Dakota conducted on non-Federal and non-Indian
lands. The rules in Subchapter D of this chapter apply to operations on
Federal lands in South Dakota.
(d) The recordkeeping and reporting requirements of this part are the
same as those of the permanent program regulations which have been
approved by the Office of Management and Budget under 44 U.S.C. 3507.
(e) The following provisions of South Dakota laws provide, where
applicable, for more stringent environmental control and regulation of
surface coal mining operations than do the provisions of the Act and the
regulations in this chapter. Therefore, pursuant to section 505(b) of
the Act, they shall not be construed to be inconsistent with the Act:
(1) South Dakota Compiled Laws Annotated (S. D. Comp. Laws Ann.)
Chap. 45-6B, section 33(1)-(5) on lands unsuitable for mining.
(2) S. D. Comp. Laws Ann. Chap. 45-6C, sections 16, 19, 27, and 28.
(3) Weed Control, S. D. Comp. Laws Ann. Chap. 38-22.
(4) Protection of fishing waters, S. D. Comp. Laws Ann. Chap.
41-13.
(5) Remedies for protection of the environment, S. D. Comp. Laws
Ann. Chap. 34A-10.
(6) Air pollution control, S. D. Comp. Laws Ann. Chap. 34A-1.
(7) Water pollution control, S. D. Comp. Laws Ann. Chap. 34A-2.
(8) Solid waste disposal, S. D. Comp. Laws Ann. Chap. 34A-6.
(9) Groundwater, S. D. Comp. Laws Ann. Chap. 46-6.
(f) The following are South Dakota laws that interfere with the
achievement of the purposes and requirements of the Act and are, in
accordance with section 504(g) of the Act, preempted and superseded with
respect to surface coal mining, except to the extent that they regulate
surface coal mining operations which affect two acres or less, or which
otherwise are not regulated by the Surface Mining Control and
Reclamation Act.
(1) S. D. Comp. Laws Ann. Chap. 45-6B, except with respect to the
criteria for designating lands unsuitable for mining, section 33(1)-(5).
(2) S. D. Comp. Laws Ann. Chap. 45-6C, except with respect to the
requirements to consult with the owner of surface lands to be explored
and the right of the owner to establish reasonable restrictions on
exploration travel (section 16), the requirement to post an exploration
reclamation bond (section 19), the prohibition of explosives use in
exploration within one-half mile of a flowing water well or a domestic
water well without the owner's permission (section 27), and the
requirement to cap, plug, and seal all exploration test holes (section
28).
(g) The Secretary may grant a limited variance from the performance
standards of 941.815 through 941.828 of this part if the applicant for
coal exploration approval or a surface mining permit submitted pursuant
to 941.772 through 941.785 demonstrates in the application that:
(1) Such variance is necessary because of the unique nature of South
Dakota's terrain, climate, biological, chemical, or other relevant
physical conditions; and
(2) The proposed alternative will achieve equal or greater
environmental protection than does the performance requirement from
which the variance is requested.
(48 FR 16823, Apr. 19, 1983, as amended at 52 FR 13814, Apr. 24,
1987)
30 CFR 941.701 General.
Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701
of this chapter shall apply to surface coal mining operations in South
Dakota.
30 CFR 941.702 Exemption for coal extraction incidental to the
extraction of other minerals.
Part 702 of this chapter, Exemption for Coal Extraction Incidental to
the Extraction of Other Minerals, shall apply to any person who conducts
coal extraction incidental to the extraction of other minerals for
purposes of commercial use or sale.
(54 FR 52123, Dec. 20, 1989)
30 CFR 941.707 Exemption for coal extraction incident to
Government-financed highway or other construction.
Part 707 of this chapter, Exemption for Coal Extraction Incident to
Government-Financed Highway or Other Construction, shall apply to
surface coal mining and reclamation operations.
30 CFR 941.761 Areas designated unsuitable for surface coal mining by
act of Congress.
Part 761 of this chapter, Areas Designated by Act of Congress, shall
apply to surface coal mining and reclamation operations.
30 CFR 941.762 Criteria for designating areas as unsuitable for surface
coal mining operations.
Part 762 of this chapter, Criteria for Designating Areas Unsuitable
for Surface Coal Mining Operations, shall apply to surface coal mine
operations.
30 CFR 941.764 Process for designating areas unsuitable for surface
coal mining operations.
Part 764 of this chapter, State Processes for Designating Areas
Unsuitable for Surface Coal Mining Operations, pertaining to
petitioning, initial processing, hearing requirements, decisions, data
base and inventory systems, public information, and regulatory
responsibilities shall apply to surface coal mine operations beginning
one year after the effective date of this program.
30 CFR 941.772 Requirements for coal exploration.
(a) Part 772 of this chapter, Requirements for Coal Exploration,
shall apply to any person who conducts or seeks to conduct coal
exploration operations.
(b) The Office shall make every effort to act on an exploration
application within 60 days of receipt or such longer time as may be
reasonable under the circumstances. If additional time is needed, OSMRE
shall notify the applicant that the application is being reviewed, but
that more time is necessary to complete such review, setting forth the
reasons and the additional time that is needed.
(52 FR 13814, Apr. 24, 1987)
30 CFR 941.773 Requirements for permits and permit processing.
(a) Part 773 of this chapter, Requirements for Permits and Permit
Processing, shall apply to any person who applies for a permit for
surface coal mining and reclamation operations.
(b) In addition to the requirements of part 773, the following permit
application review procedures shall apply:
(1) Any person applying for a permit shall submit five copies of the
application to the Office.
(2) The Office shall review an application for administrative
completeness and acceptability for further review and shall notify the
applicant in writing of the findings. The Office may:
(i) Reject a flagrantly deficient application, notifying the
application of the findings;
(ii) Request additional information required for completeness stating
specifically what information must be supplied and negotiate the date by
which the information must be submitted; or
(iii) Judge the application administratively complete and acceptable
for further review.
(3) Should the applicant not submit the information as required by
941.773(b)(2)(ii) by the specified date, the office may reject the
application. When the applicant submits the required information by the
specified date, the Office shall review it and advise the applicant
concerning its acceptability.
(4) When the application is judged administratively complete, the
applicant shall be advised by the Office to file the public notice
required by 773.13 of this chapter.
(5) A representative of the Office shall visit the proposed permit
area to determine whether the operation and reclamation plans are
consistent with actual site conditions. The applicant will be notified
in advance of the time of the visit. At the time of the visit, the
applicant shall have the locations of the proposed permit boundaries,
topsoil storage areas, sediment control structures, roads, and other
significant features contained in the application marked by flags.
(c) In addition to the information required by Subchapter G of this
chapter, the Office may require an applicant to submit supplementary
information to ensure compliance with applicable Federal laws and
regulations other than the Act.
(d) Where applicable, no person shall conduct surface coal
exploration operations which result in the removal of more than 250 tons
of coal, nor shall any person conduct surface coal mining operations
without a permit issued by the Secretary pursuant to 30 CFR part 773,
and permits, leases and certificates required by the State of South
Dakota including compliance with: (1) Air pollution control, S.D. Comp.
Laws Ann. Chap. 34A-1; (2) water pollution control, S.D. Comp. Laws
Ann. Chap. 34A-2; and (3) solid waste disposal, S.D. Comp. Laws Ann.
Chap. 34A-6.
(e) No person shall be granted a permit to conduct exploration which
results in the removal of more than 250 tons of coal or shall conduct
surface coal mining unless that person has acquired all required
permits, leases, and certificates listed in paragraph (d) of this
section.
(52 FR 13815, Apr. 24, 1987)
30 CFR 941.774 Revision; renewal; and transfer, assignment, or sale
of permit rights.
(a) Part 774 of this chapter, Revision; Renewal; and Transfer,
Assignment, or Sale of Permit Rights'', shall apply to any such actions
involving surface coal mining and reclamation operations permits.
(b) Any revision to the approved permit will be subject to review and
approval by OSMRE.
(1) Significant revisions shall be processed as if they are new
applications in accordance with the public notice and hearing provisions
of 773.13, 773.19(b)(1) and (2), and 778.21 and of part 775.
(2) OSMRE shall make every effort to approve or disapprove an
application for permit revision within 60 days of receipt or such longer
time as may be reasonable under the circumstances. If additional time
is needed, OSMRE shall notify the applicant that the application is
being reviewed, but that more time is necessary to complete such review,
setting forth the reasons and the additional time that is needed.
(c) In addition to the requirements of part 774 of this chapter, any
person having an interest which is or may be adversely affected by a
decision on the transfer, assignment, or sale of permit rights,
including an official of any Federal, State, or local government agency,
may submit written comments on the application to the Office within
thirty days of either the publication of the newspaper advertisement
required by 774.17(b)(2) of this chapter or receipt of an
administratively complete application, whichever is later.
(52 FR 13815, Apr. 24, 1987)
30 CFR 941.775 Administrative and judicial review of decisions.
Part 775 of this chapter, Administrative and Judicial Review of
Decisions, shall apply to all decisions on permits.
(52 FR 13815, Apr. 24, 1987)
30 CFR 941.777 General content requirements for permit applications.
Part 777 of this chapter, General Content Requirements for Permit
Applications, shall apply to any person who applies for a permit to
conduct surface coal mining and reclamation operations.
(52 FR 13815, Apr. 24, 1987)
30 CFR 941.778 Permit applications -- minimum requirements for legal,
financial, compliance, and related information.
Part 778 of this chapter, Permit Applications -- Minimum Requirements
for Legal, Financial, Compliance and Related Information, shall apply to
any person who applies for a permit to conduct surface coal mining and
reclamation operations.
(52 FR 13815, Apr. 24, 1987)
30 CFR 941.779 Surface mining permit applications -- minimum
requirements for information on environmental resources.
Part 779 of this chapter, Surface Mining Permit Applications --
Minimum Requirements for Information on Environmental Resources, shall
apply to any person who makes application to conduct surface coal mining
and reclamation operations.
30 CFR 941.780 Surface mining permit applications -- minimum
requirements for reclamation and operation plan.
(a) Part 780 of this chapter, Surface Mining Permit Applications --
Minimum Requirements for Reclamation and Operation Plan, shall apply to
any person who makes application to conduct surface coal mining and
reclamation operations.
(b) Each applicant for a permit shall demonstrate compliance with the
South Dakota laws on air pollution, S. D. Comp. Laws Ann. Chap.
34A-1, water pollution control, S. D. Comp. Laws Ann. Chap. 34A-2, and
solid waste disposal, S. D. Comp. Laws Ann. Chap. 34A-6.
30 CFR 941.783 Underground mining permit applications -- minimum
requirements for information on environmental resources.
Part 783 of this chapter, Underground Mining Permit Applications --
Minimum Requirements for Information on Environmental Resources, shall
apply to any person who submits an application to conduct underground
mining operations.
30 CFR 941.784 Underground mining permit applications -- minimum
requirements for reclamation and operation plan.
Part 784 of this chapter, Underground Mining Permit Applications --
Minimum Requirements for Reclamation and Operation Plan, shall apply to
any person who makes application to conduct underground mining.
30 CFR 941.785 Requirements for permits for special categories of
mining.
Part 785 of this chapter, Requirements for Permits for Special
Categories of Mining, shall apply to each person who makes application
for a permit to conduct certain categories of surface coal mining and
reclamation operations.
30 CFR 941.795 Small operator assistance.
Part 795 of this chapter, Small Operator Assistance, shall apply to
any person making application for assistance under the small operator
assistance program.
30 CFR 941.800 General requirements for bonding of surface coal mining
and reclamation operations.
Part 800 of this chapter, General Requirements for Bonding of Surface
Coal Mining and Reclamation Operations Under Regulatory Programs, shall
apply to all surface coal mining and reclamation operations.
30 CFR 941.815 Performance standards -- coal exploration.
Part 815 of this chapter, Permanent Program Performance Standards --
Coal Exploration, shall apply to any person conducting coal exploration
operations.
30 CFR 941.816 Performance standards -- surface mining activities.
Part 816 of this chapter, Permanent Program Performance Standards --
Surface Mining Activities, shall apply to any person who conducts
surface coal mining and reclamation operations.
30 CFR 941.817 Performance standards -- underground mining activities.
Part 817 of this chapter, Permanent Program Performance Standards --
Underground Mining Activities, shall apply to any person who conducts
underground mining operations.
30 CFR 941.819 Special performance standards -- auger mining.
Part 819 of this chapter, Special Permanent Program Performance
Standards -- Auger Mining, shall apply to any person who conducts
surface coal mining operations which include auger mining.
30 CFR 941.822 Special performance standards -- operations in alluvial
valley floors.
Part 822 of this chapter, Special Permanent Program Performance
Standards -- Operations in Alluvial Valley Floors, shall apply to any
person who conducts surface coal mining and reclamation operations on
alluvial valley floors.
30 CFR 941.823 Special performance standards -- operations on prime
farmland.
Part 823 of this chapter, Special Permanent Program Performance
Standards -- Operations on Prime Farmland, shall apply to any person who
conducts surface coal mining and reclamation operations on prime
farmlands.
30 CFR 941.824 Special performance standards -- mountaintop removal.
Part 824 of this chapter, Special Permanent Program Performance
Standards -- Mountaintop Removal, shall apply to any person who conducts
surface coal mining operations constituting mountaintop removal mining.
30 CFR 941.827 Special performance standards -- coal processing plants
and support facilities not located at or near the minesite or not within
the permit area for a mine.
Part 827 of this chapter, Special Permanent Program Performance
Standards -- Coal Processing Plants and Support Facilities Not Located
at or Near the Minesite or Not Within the Permit Area for a Mine, shall
apply to any person who conducts surface coal mining and reclamation
operations which include the operation of coal processing plants and
support facilities not located at or near the minesite or not within the
permit area for a mine.
30 CFR 941.828 Special performance standards -- in situ processing.
Part 828 of this chapter, Special Permanent Program Performance
Standards -- In Situ Processing, shall apply to any person who conducts
in situ processing activities.
30 CFR 941.842 Federal inspections.
(a) Part 842 of this chapter, Federal Inspections, shall apply to all
exploration and surface coal mining and reclamation operations.
(b) The Office will furnish a copy of any inspection report or
enforcement action taken to the South Dakota Department of Water and
Natural Resources upon request.
30 CFR 941.843 Federal enforcement.
(a) Part 843 of this chapter, Federal Enforcement, shall apply when
enforcement action is required for violations on surface coal mining and
reclamation operations.
(b) The Office will furnish a copy of each enforcement action and
order to show cause issued pursuant to this section to the South Dakota
Department of Water and Natural Resources upon request.
30 CFR 941.845 Civil penalties.
Part 845 of this chapter, Civil Penalties, shall apply when civil
penalties are assessed for violations on surface coal mining and
reclamation operations.
30 CFR 941.846 Individual civil penalties.
Part 846 of this chapter, Individual Civil Penalties, shall apply to
the assessment of individual civil penalties under section 518(f) of the
Act.
(53 FR 3676, Feb. 8, 1988)
30 CFR 941.955 Certification of blasters.
Part 955 of this chapter, Certification of Blasters in Federal
Program States and on Indian Lands, shall apply to the training,
examination and certification of blasters for surface coal mining and
reclamation operations.
(51 FR 19462, May 29, 1986)
30 CFR 941.955 PART 942 -- TENNESSEE
Sec.
942.20 Approval of Tennessee reclamation plan for lands and waters
affected by past coal mining.
942.700 Tennessee Federal program.
942.701 General.
942.702 Exemption for coal extraction incidental to the extraction of
other minerals.
942.707 Exemption for coal extraction incident to government-financed
highway or other construction.
942.761 Areas designated unsuitable for surface coal mining by act of
Congress.
942.762 Criteria for designating areas as unsuitable for surface coal
mining operations.
942.764 Process for designating areas unsuitable for surface coal
mining operations.
942.772 Requirements for coal exploration.
942.773 Requirements for permits and permit processing.
942.774 Revision; renewal; and transfer, assignment, or sale of
permit rights.
942.775 Administrative and judicial review of decisions.
942.777 General content requirements for permit applications.
942.778 Permit applications -- Minimum requirements for legal,
financial, compliance, and related information.
942.779 Surface mining permit applications -- Minimum requirements
for information on environmental resources.
942.780 Surface mining permit applications -- Minimum requirements
for reclamation and operation plan.
942.783 Underground mining permit applications -- Minimum
requirements for information on environmental resources.
942.784 Underground mining permit applications -- Minimum
requirements for reclamation and operation plan.
942.785 Requirements for permits for special categories of mining.
942.795 Small operator assistance program.
942.800 Bond and insurance requirements for surface coal mining and
reclamation operations.
942.815 Performance standards -- Coal exploration.
942.816 Performance standards -- Surface mining activities.
942.817 Performance standards -- Underground mining activities.
942.819 Special performance standards -- Auger mining.
942.823 Special performance standards -- Operations on prime
farmland.
942.824 Special performance standards -- Mountaintop removal.
942.827 Special performance standards -- Coal preparation plants not
located within the permit area of a mine.
942.828 Special performance standards -- In situ processing.
942.842 Federal inspections.
942.843 Federal enforcement.
942.845 Civil penalties.
942.846 Individual civil penalties.
942.955 Certification of blasters.
Authority: 30 U.S.C. 1201 et seq., as amended; and Pub. L.
100-34.
Source: 49 FR 38892, Oct. 1, 1984, unless otherwise noted.
30 CFR 942.20 Approval of Tennessee reclamation plan for lands and
waters affected by past coal mining.
The Tennessee Reclamation Plan, as submitted on March 24, 1982, is
approved. Copies of the approved program are available at:
Office of Surface Mining Reclamation and Enforcement, 530 Gay Street,
Suite 500, Knoxville, Tennessee 37902
State of Tennessee Department of Conservation, Division of Surface
Mining and Reclamation, 305 West Springvale, Knoxville, Tennessee 37917
Office of Surface Mining Reclamation and Enforcement, Administrative
Record, Room 5315, 1100 'L' Street, NW, Washington, DC 20240.
30 CFR 942.700 Tennessee Federal program.
(a) This part contains all rules that are applicable to surface coal
mining operations in Tennessee which have been adopted under the Surface
Mining Control and Reclamation Act of 1977.
(b) Certain of the rules in this part cross-reference pertinent parts
of the permanent program regulations in this chapter. The full text of
a cross-referenced rule is in the permanent program rule cited under the
relevant section of this part.
(c) This part applies to all surface coal mining operations in
Tennessee conducted on non-Federal and non-Indian lands. To the extent
required by part 740 of this chapter, this part also applies to
operations on Federal lands in Tennessee.
(d) The information collection requirements contained in this part
have been approved by the office of Management and Budget under 44
U.S.C. 3507 and assigned the following clearance numbers: 1029-0007,
1029-0009, 1029-0032, 1029-0033, 1029-0034, 1029-0035, 1029-0036,
1029-0038, 1029-0039, 1029-0040, 1029-0041, 1029-0043, 1029-0047,
1029-0048, 1029-0049, 1029-0080.
30 CFR 942.701 General.
(a)(1) Except as provided in paragraphs (a)(2) and (a)(3) of this
section, 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701 of
this chapter shall apply to coal exploration and surface coal mining and
reclamation operations.
(2) The definition of ''support facilities'' in 701.5 of this
chapter shall not apply to surface coal mining and reclamation
operations.
(3) The definitions of ''surface coal mining operations'' in 700.5,
and ''coal preparation or coal processing'' and ''coal preparation
plant'' in 701.5 of this chapter shall include facilities which leach,
chemically process, or physically process coal.
(b) Surface coal mining and reclamation operations in Tennessee which
do not have a permanent program permit issued by the State of Tennessee
prior to the effective date of this program, but which filed a permit
application on a timely basis and were allowed to operate under the
Tennessee State program, may continue to operate until the Office issues
or denies a permit if they: (1) Comply with Subchapter B of this
chapter until issuance or denial of a permit under this program; (2)
authorize transfer to OSM of any permit application pending with the
State regulatory authority; and (3) provide to the Office on a timely
basis any requested additional information necessary to make a complete
permit application.
(c) Persons engaged in underground mining activities which do not
have and did not apply for a permanent program permit from the State of
Tennessee prior to the effective date of this program, but which were
allowed to operate under the Tennessee State program, may continue to
operate beyond eight months after the effective date of this program if
they: (1) Within two months of the effective date of this program apply
to OSM for a permit; (2) comply with Subchapter B of this chapter until
issuance or denial of a permit under this program; and (3) provide to
the Office on a timely basis any requested additional information
necessary to make a complete permit application.
(d) Persons operating facilities which leach, chemically process, or
physically process coal which do not have a permanent program permit
from the State of Tennessee prior to the effective date of this program,
may continue to operate beyond eight months after the effective date of
this program if they: (1) Within two months of the effective date of
this program apply to OSM for a permit; (2) comply with Subchapter B of
this chapter until issuance or denial of a permit under this program;
and (3) provide to the Office on a timely basis any requested additional
information necessary to make a complete permit application.
(e) Records required by 700.14 of this chapter to be made available
locally to the public shall be retained at OSM's Knoxville Field Office.
30 CFR 942.702 Exemption for coal extraction incidental to the
extraction of other minerals.
Part 702 of this chapter, Exemption for Coal Extraction Incidental to
the Extraction of Other Minerals, shall apply to any person who conducts
coal extraction incidental to the extraction of other minerals for
purposes of commercial use or sale.
(54 FR 52123, Dec. 20, 1989)
30 CFR 942.707 Exemption for coal extraction incident to
government-financed highway or other construction.
Part 707 of this chapter, Exemption for Coal Extraction Incident to
Government-Financed Highway or Other Construction, shall apply to
surface coal mining and reclamation operations.
30 CFR 942.761 Areas designated unsuitable for surface coal mining by
act of Congress.
Part 761 of this chapter, Areas Designated by Act of Congress, shall
apply to surface coal mining and reclamation operations.
30 CFR 942.762 Criteria for designating areas as unsuitable for surface
coal mining operations.
(a) Part 762 of this chapter, Criteria for Designating Areas as
Unsuitable for Surface Coal Mining Operations, shall apply to surface
coal mining and reclamation operations.
(b) In addition to the lands defined as fragile lands in 762.5 of
this chapter, the Office in evaluating any petition to designate lands
as unsuitable or to terminate such designation will consider lands
included on the Tennessee Natural Areas Registry under Tennessee Code
Annotated (TCA) section 11-14-112, Natural Areas designated by the
Tennessee General Assembly under TCA 11-14-108, areas adjoining
Tennessee Scenic Rivers designated under TCA 11-13-101, and Scenic
Trails designated under TCA 11-11-101.
30 CFR 942.764 Process for designating areas unsuitable for surface
coal mining operations.
(a) Part 764 of this chapter, State Process for Designating Areas
Unsuitable for Surface Coal Mining Operations, shall apply to surface
coal mining and reclamation operations.
(b) The Secretary shall notify the Tennessee Department of Health and
Environment of any area designated unsuitable or for which such
designation has been requested or terminated.
(c) Unsuitability designations made under the Tennessee State program
shall remain valid unless and until terminated.
30 CFR 942.772 Requirements for coal exploration.
(a) Part 772 of this chapter, Requirements for Coal Exploration,
shall apply to any person who conducts or seeks to conduct coal
exploration operations.
(b) The Office shall make every effort to act on an exploration
application within 60 days of receipt or such longer time as may be
reasonable under the circumstances. If additional time is needed, the
Office shall notify the applicant that the application is being
reviewed, but that more time is necessary to complete such reviews,
setting forth the reasons and the additional time that is needed.
(53 FR 52950, Dec. 29, 1988)
30 CFR 942.773 Requirements for permits and permit processing.
(a) Part 773 of this chapter, Requirements for Permits and Permit
Processing, shall apply to any person who applies for a permit for
surface coal mining and reclamation operations.
(b) In addition to the requirements of part 773, the following permit
application review procedures shall apply:
(1) Any person applying for a permit shall submit five copies of the
application to the Office.
(2) The Office shall review an application for administrative
completeness and acceptability for further review and shall notify the
applicant in writing of the findings. The Office may:
(i) Reject a flagrantly deficient application, notifying the
applicant of the findings;
(ii) Request additional information required for completeness stating
specifically what information must be supplied and the date by which the
information must be submitted; or
(iii) Judge the application administratively complete and acceptable
for further review.
(3) Should the applicant not submit the information as required by
942.773(b)(2)(ii) by the specified date, the Office may reject the
application. When the applicant submits the required information by the
specified date, the Office shall review it and advise the applicant
concerning its acceptability.
(4) When the application is judged administratively complete, the
applicant shall be advised by the Office to file the public notice
required by 773.13 of this chapter.
(5) A representative of the Office shall visit the proposed permit
area to determine whether the operation and reclamation plans are
consistent with actual site conditions. The applicant will be notified
in advance of the time of the visit. At the time of the visit, the
applicant shall have the locations of the proposed permit boundaries,
topsoil storage areas, sediment control structures, roads, and other
significant features contained in the application marked by flags.
(6) Adequacy of information to allow the Office to comply with the
National Environmental Policy Act, 42 U.S.C. 4322, shall be considered
in the determination of a complete application. The Office may require
specific additional information from the applicant as any environmental
review progresses when such specific information is needed. Failure to
submit the additional information by the date(s) requested could result
in disapproval of the application.
(c) In addition to the information required by subchapter G of this
chapter, the Office may require an applicant to submit supplementary
information to ensure compliance with applicable Federal laws and
regulations other than the Act.
(d) Review of Tennessee State program permits. In lieu of the
provisions of 773.11(d)(2) of this chapter, the following shall apply:
(1) Beginning on the effective date of this program, the Office will
review all permanent program permits issued by the State of Tennessee.
(2) If the Office determines that any State permit was granted
contrary to the provisions of the Act, the Office will: (i) Notify the
permittee in writing and state the reasons for its determination; (ii)
provide the permittee a reasonable time within which to resubmit the
permit application in whole or in part, as appropriate; (iii) provide
the permittee a reasonable time within which to conform ongoing surface
coal mining and reclamation operations to the requirements of this part;
and (iv) provide the permittee with the opportunity for a
non-adjudicatory hearing to contest the determination by the Office.
(3) If the permittee fails to resubmit the permit application or
conform the ongoing surface coal mining and reclamation operations to
the requirements of this part within the time specified, the Office may
suspend or revoke the permit.
(4) The Office's suspension or revocation of a permit under paragraph
(d)(3) of this section shall be subject to administrative and judicial
review in accordance with the provisions of part 775 of this chapter.
30 CFR 942.774 Revision; renewal; and transfer, assignment, or sale
of permit rights.
(a) Part 774 of this chapter, Revision; Renewal; and Transfer,
Assignment, or Sale of Permit Rights, shall apply to any such actions
involving surface coal mining and reclamation operations permits.
(b) Any revision to the approved mining or reclamation plan will be
subject to review and approval by the Office.
(c) A significant revision to the mining or reclamation plan will be
subject to the permit application information requirements and
procedures of Subchapter G, including notice, public participation, and
notice of decision requirements of 773.13, 773.19(b)(1) and (3), and
778.21, prior to approval and implementation. The Office will consider
any proposed revision to be significant if it:
(1) Will result in adverse impacts beyond those previously
considered, affecting cultural resources listed on, or eligible to be
listed on, the National Register of Historic Places;
(2) Involves changes to the blasting plan that will be likely to
cause adverse impacts beyond those previously considered, to persons or
property outside of the permit area;
(3) Will result in adverse impacts beyond those previously
considered, affecting a water supply to which the requirements of 30 CFR
816.41(h) apply;
(4) Will cause a new or updated probable hydrologic consequences
determination or cumulative hydrologic impact analysis to be required
under 30 CFR 780.21(f)(4) or 780.21(g)(2) as a result of an increase in
impacts;
(5) Requires a change in the identification, disturbance, or handling
of toxic- or acid-forming materials different from those previously
considered, where the changes have the potential for causing additional
impacts not previously considered;
(6) Will result in adverse impacts on fish, wildlife and related
environmental values beyond those previously considered;
(7) Includes the proposed addition of a coal processing facility, or
any permanent support facility, where the addition of the facility will
cause impacts not previously considered, except that the addition of a
temporary coal processing facility used exclusively for crushing and
screening need not be considered a significant revision; or
(8) Involves a change in the postmining land use to a residential,
industrial/commercial, recreation or developed water resources land use,
as defined in 30 CFR 701.5; except that a change to a developed water
resource not meeting the size criteria of 77.216(a) of this title need
not be considered a significant revision.
(d) In addition to the requirements of part 774 of this chapter, any
person having an interest which is or may be adversely affected by a
decision on the transfer, assignment, or sale of permit rights,
including an official of any Federal, State, or local government agency,
may submit written comments on the application to the Office within
thirty days of either the publication of the newspaper advertisement
required by 774.17(b)(2) of this chapter or receipt of an
administratively complete application, whichever is later.
(49 FR 38892, Oct. 1, 1984, as amended at 53 FR 49106, Dec. 5, 1988)
30 CFR 942.775 Administrative and judicial review of decisions.
Part 775 of this chapter, Administrative and Judicial Review of
Decisions, shall apply to all decisions on permits.
30 CFR 942.777 General content requirements for permit applications.
Part 777 of this chapter, General Content Requirements for Permit
Applications, shall apply to any person who makes application for a
permit to conduct surface coal mining and reclamation operations.
30 CFR 942.778 Permit applications -- Minimum requirements for legal,
financial, compliance, and related information.
Part 778 of this chapter, Permit Applications -- Minimum Requirements
for Legal, Financial, Compliance, and Related Information, shall apply
to any person who makes application for a permit to conduct surface coal
mining and reclamation operations.
30 CFR 942.779 Surface mining permit applications -- Minimum
requirements for information on environmental resources.
Part 779 of this chapter, Surface Mining Permit Applications --
Minimum Requirements for Information on Environmental Resources, shall
apply to any person who makes application to conduct surface coal mining
and reclamation operations.
30 CFR 942.780 Surface mining permit applications -- Minimum
requirements for reclamation and operation plan.
Part 780 of this chapter, Surface Mining Permit Applications --
Minimum Requirements for Reclamation and Operation Plan, shall apply to
any person who makes application to conduct surface coal mining and
reclamation operations.
30 CFR 942.783 Underground mining permit applications -- Minimum
requirements for information on environmental resources.
Part 783 of this chapter, Underground Mining Permit Applications --
Minimum Requirements for Information on Environmental Resources, shall
apply to any person who makes application to conduct underground coal
mining operations.
30 CFR 942.784 Underground mining permit applications -- Minimum
requirements for reclamation and operation plan.
Part 784 of this chapter, Underground Mining Permit Applications --
Minimum Requirements for Reclamation and Operation Plan, shall apply to
any person who makes application for a permit to conduct underground
coal mining operations.
30 CFR 942.785 Requirements for permits for special categories of
mining.
Part 785 of this chapter, Requirements for Permits for Special
Categories of Mining, shall apply to each person who makes application
for a permit to conduct certain categories of surface coal mining and
reclamation operations as specified therein.
30 CFR 942.795 Small operator assistance program.
Part 795 of this chapter, Small Operator Assistance Program, shall
apply to any person making application for assistance under the small
operator assistance program.
30 CFR 942.800 Bond and insurance requirements for surface coal mining
and reclamation operations.
(a) Except as provided in paragraph (b) of this section, part 800 of
this chapter, Bond and Insurance Requirements for Surface Coal Mining
and Reclamation Operations Under Regulatory Programs, shall apply to any
person conducting surface coal mining and reclamation operations.
(b) (1) The Office shall review the adequacy of the bonds for those
operators who posted reclamation bonds with the State of Tennessee under
its permanent regulatory program prior to the effective date of this
program,who gave the State collateral to guarantee reclamation, or who
was required to take either of these actions.
(2) Where the Office determines that a bond amount is inadequate it
shall notify the operator that additional bond is required. The
operator shall post the required bond or collateral in the amount and
within the time required by the Office. All bonds shall be made payable
to ''The United States or the State of Tennessee.''
(3) Not later than 30 days after the effective date of this program
each permanent program permittee shall either: (i) Post an acceptable
new bond in the required amount made payable to ''The United States or
The State of Tennessee'' or (ii) provide an executed assignment of the
required acceptable bond made payable to ''The United States or The
State of Tennessee.''
30 CFR 942.815 Performance standards -- Coal exploration.
Part 815 of this chapter, Permanent Program Performance Standards --
Coal Exploration, shall apply to any person who conducts coal
exploration.
30 CFR 942.816 Performance standards -- Surface mining activities.
(a) Except as modified by paragraphs (b) through (h) of this section,
part 816 of this chapter, Permanent Program Performance Standards --
Surface Mining Activities, shall apply to any person who conducts
surface mining activities in the State of Tennessee.
(b) The permittee shall comply with the site-specific terms of the
permit except that references to provisions of the Tennessee State
program shall be read to require compliance with the relevant provisions
of this part. Where the permit does not specify site-specific standards
with which compliance is required, the permittee shall comply with the
standards of this part.
(c) Diversions. In lieu of the requirements of 816.43(a)(4) of this
chapter, diversion design shall incorporate the following requirements:
(1) Channel lining shall be designed using standard engineering
practices to pass safely the design velocities. Riprap shall comply
with the requirement of 816.71(f)(3) of this chapter, except for sand
and gravel.
(2) Freeboard shall be no less than 0.3 feet. Protection shall be
provided for transition of flows and for critical areas such as swales
and curves. Where the area protected is a critical area as determined
by the Office, the design freeboard may be increased.
(3) Energy dissipators shall be installed when necessary at discharge
points, where diversions intersect with natural streams and exit
velocity of the diversion ditch flow is greater than that of the
receiving stream.
(4) Excess excavated material not utilized in diversion channel
geometry or regrading of the channel shall be disposed of in accordance
with 816.71 through 816.74 of this chapter.
(d) Hydrologic Balance: Siltation Structures. In lieu of the
requirements of 816.46(c)(1)(iii)(A) of this chapter, sedimentation
ponds shall provide a storage volume of no less than 0.2 acre feet per
disturbed acre draining into the basin. The Office may approve lesser
sediment storage volumes equal to the sediment calculated to enter the
pond between planned cleanout intervals upon submission and approval of
a plan for removing sedimentation from the pond which includes a
description of the equipment to be used. The minimum sediment storage
volume shall be equal to 0.1 acre feet per disturbed acre.
(e) Backfilling and grading: General requirements. In addition to
the requirements of 816.102 of this chapter, backfilling and grading
shall proceed in accordance with the following timing requirements:
(1) Contour mining. Rough backfilling and grading shall follow coal
removal by not more than 60 days or 1,500 linear feet.
(2) Area mining. Rough backfilling and grading shall be completed
within 180 days following coal removal and shall not be more than four
spoil ridges behind the pit being worked, the spoil from the active pit
being considered the first ridge.
(3) The Office may grant additional time for rough backfilling and
grading if the permittee can demonstrate, through the detailed written
analysis under 780.18(b)(3) of this chapter, that additional time is
necessary.
(f) In lieu of the requirements of 816.116 (b)(1) through (b)(3) of
this chapter, the following revegetation success standards and sampling
techniques shall be used by this Office.
(1) For areas developed for use as pasture or hay production, the
ground cover shall be at least ninety percent (90%) and crop production
shall be equal to or greater than the average county yield as stated by
the Tennessee Crop Reporting Service for the county in which the permit
area is located.
(2) For areas developed for use as cropland, crop production shall be
equal to or greater than the average county yield as stated by the
Tennessee Crop Reporting Service for the county in which the permit area
is located. Adjustment for local yield variation within the county may
be made for disease, pests, weather-induced variations, and differences
in crop management practices.
(3) For areas developed for wildlife habitat, recreational or forest
products, the ground cover shall be at least eighty percent (80%) and
the stocking of woody plants shall be at least equal the rate specified
in the approved mining and reclamation plan.
(i) Minimum stocking levels and planting arrangements shall be
specified by the Office on the basis of local and regional conditions
and after consultation with the State agencies responsible for the
administration of forestry and wildlife programs.
(ii) Trees and shrubs that will be used in determining the success of
stocking and the adequacy of plant arrangement shall have utility for
the approved postmining land use. At the time of bond release, such
trees and shrubs shall be healthy, and at least eighty percent (80%)
shall have been in place for at least three growing seasons. No trees
and shrubs in place for less than two growing seasons shall be counted
in determining stocking adequacy.
(iii) Vegetative ground cover shall not be less than that required to
achieve the approved postmining land use.
(4) Bare areas shall not exceed one-sixteenth ( 1/16) acre in size
and total not more than ten percent (10%) of the area seeded.
(5) Distribution of woody plants within the permit area shall be
consistent with the post-mining land use.
(6) Sampling techniques for measuring woody plant stocking and ground
cover shall be in accordance with techniques approved by the Office.
Actual crop yields shall be used to determine production.
(g) Roads. In lieu of the requirements of section 816.150(c) of this
chapter, roads shall be designed and constructed or reconstructed in
compliance with the following standards in order to control subsequent
erosion and disturbance of the hydrologic balance.
(1) Primary Roads. (i) Except for existing roads and where lesser
grades are necessary to control site-specific conditions, the overall
grades shall not exceed lv:10h (10 percent); the maximum pitch grade
shall not exceed lv:6.5h (15 percent); and there shall be not more than
three hundred (300) feet of pitch grade exceeding ten (10) percent
within any consecutive one thousand (1,000) feet of primary roads. In
no case shall there by any pitch grade over fifteen (15) percent.
(ii) Culvert spacing shall not exceed one thousand (1,000) feet on
grades of zero (0) to three (3) percent, eight hundred (800) feet on
grades of three (3) to six (6) percent, five hundred (500) feet on
grades of six (6) to ten (10) percent, and three hundred (300) feet on
grades of ten (10) percent or greater. Culverts shall be installed at
closer intervals than the maximum in this part if required by the Office
as appropriate for the erosive properties of the soil or to accommodate
flow from small intersecting drainages. Culverts may be constructed at
greater intervals than the maximum indicated in this part if approved by
the Office upon a finding that greater spacing will not increase
erosion.
(iii) Culverts shall be covered by compacted fill to a minimum depth
of one foot.
(2) Ancillary Roads. (i) Field design methods may be utilized for
ancillary roads.
(ii) Where lesser grades are necessary to control site-specific
conditions overall grade shall not exceed lv:10h (10 percent). Pitch
grade shall not exceed lv:5h (20 percent). There shall not be more than
one thousand (1,000) consecutive feet of maximum pitch grade.
(iii) Ancillary roads may meander so as to avoid large growths of
vegetation and other natural obstructions.
(iv) Compaction on road embankments shall be only to the extent
necessary to control erosion and maintain the road.
(v) Temporary culverts and bridges shall be sized to safely pass the
one (1) year, six (6) hour precipitation event.
(h) Use of Explosives. In lieu of the requirements of 816.64(a)(2)
of this chapter, all blasting shall be conducted between sunrise and
sunset. Blasting may not be conducted at times different from those
announced in the blasting schedule except in emergency situations where
rain, lightning, or other atmospheric conditions, or operator or public
safety requires unscheduled blasts. The Office may specify more
restrictive time periods for blasting.
(49 FR 38892, Oct. 1, 1984, as amended at 52 FR 47717, Dec. 16, 1987;
55 FR 20600, May 18, 1990)
30 CFR 942.817 Performance standards -- Underground mining activities.
(a) Part 817 of this chapter, Permanent Program Performance Standards
-- Underground Mining Activities, as modified by paragraphs (b)-(f) of
this section, shall apply to any person who conducts underground mining
activities in the State of Tennessee.
(b) The permittee shall comply with the site-specific terms of the
permit except that references to provisions of the Tennessee State
program shall be read to require compliance with the relevant provisions
of this part. Where the permit does not specify site-specific standards
with which compliance is required, the permittee shall comply with the
standards of this part.
(c) Diversions. In lieu of the requirements of 817.43(a)(4) of this
chapter diversion design shall incorporate the following requirements:
(1) Channel lining shall be designed using standards engineering
practices to pass safely the design velocities. Riprap shall comply
with the requirements of 817.71(f)(3) of this chapter, except for sand
and gravel.
(2) Freeboard shall be no less than 0.3 feet. Protection shall be
provided for transition of flows and for critical areas such as swales
and curves. Where the area protected is a critical area as determined
by the Office, the design freeboard may be increased.
(3) Energy dissipators shall be installed when necessary at discharge
points, where diversions intersect with natural streams and exit
velocity of the diversion ditch flow is greater than that of the
receiving stream.
(4) Excess excavated material not utilized in diversion channel
geometry or regrading of the channel shall be disposed of in accordance
with 817.71 through 817.74 of this chapter.
(d) Hydrologic balance: Siltation structures. In lieu of the
requirements of 817.46(c)(1)(ii)(A) of this chapter, sedimentation
ponds shall provide a storage volume of no less than 0.2 acre feet per
distributed acre draining into the basin. The Office may approve less
sediment storage volumes equal to the sediment calculated to enter the
pond between planned cleanout intervals upon submission and approval of
a plan for removing sediment from the pond which includes a description
of the equipment to be used. The minimum sediment storage volume shall
be equal to 0.1 acre feet per disturbed acre.
(e) In lieu of the requirements of 817.116 (b)(1) through (b)(3) of
this chapter, the following revegetation success standards and sampling
techniques shall be used by this Office.
(1) For areas developed for use as pasture or hay production, the
ground cover shall be at least ninety percent (90%) and crop production
shall be equal to or greater than the average county yield as stated by
the Tennessee Crop Reporting Service for the county in which the permit
area is located.
(2) For areas developed for use as cropland, crop production shall be
equal to or greater than the average county yield as stated by the
Tennessee Crop Reporting Service for the county in which the permit area
is located. Adjustment for local yield variation within the county may
be made for disease, pests, weather-induced variations, and differences
in crop management practices.
(3) For areas developed for wildlife habitat, recreational or forest
products, the ground cover shall be at least 80 percent (80%) and the
stocking of woody plants shall be at least equal to the rate specified
in the approved mining and reclamation plan.
(i) Minimum stocking levels and planting arrangements shall be
specified by the Office on the basis of local and regional conditions
and after consultation with the State agencies responsible for the
administration of forestry and wildlife programs.
(ii) Trees and shrubs that will be used in determining the success of
stocking and the adequacy of plant arrangement shall have utility for
the approved postmining land use. At the time of bond release, such
trees and shrubs shall be healthy, and at least eighty percent (80%)
shall have been in place for at least three growing seasons. No trees
and shrubs in place for less than two growing seasons shall be counted
in determining stocking adequacy.
(iii) Vegetative ground cover shall not be less than that required to
achieve the approved postmining land use.
(4) Bare areas shall not exceed one-sixteenth ( 1/16) acre in size
and total not more than ten percent (10%) of the area seeded.
(5) Distribution of woody plants within the permit area shall be
consistent with the post-mining land use.
(6) Sampling techniques for measuring woody plant stocking and ground
cover shall be in accordance with techniques approved by the Office.
Actual crop yields shall be used to determine production.
(f) Roads. In lieu of the requirements of 817.150(c) of this
chapter, roads shall be designed and constructed or reconstructed in
compliance with the following standards in order to control subsequent
erosion and disturbance of the hydrologic balance.
(1) Primary roads. (i) Except for existing roads and where lesser
grades are necessary to control site-specific conditions, the overall
grade shall not exceed lv:10h (10 percent), the maximum pitch grade
shall not exceed lv:6.5h (15 percent), and there shall be not more than
three hundred (300) feet of pitch grade exceeding ten (10) percent
within any consecutive one thousand (1,000) feet of primary roads. In
no case shall there be any pitch grade over fifteen (15) percent.
(ii) Culvert spacing shall not exceed one thousand (1,000) feet on
grades of zero (0) to three (3) percent, eight hundred (800) feet on
grades of three (3) to six (6) percent, and five hundred (500) feet on
grades of six (6) to ten (10) percent, and three hundred (300) feet on
grades of ten (10) percent or greater. Culverts shall be installed at
closer intervals than the maximum in this part if required by the Office
as appropriate for the erosive properties of the soil or to accommodate
flow from small intersecting drainages. Culverts may be constructed at
greater intervals than the maximum indicated in this part if approved by
the Office upon a finding that greater spacing will not increase
erosion.
(iii) Culverts shall be covered by compacted fill to a minimum depth
of one foot.
(2) Ancillary roads. (i) Field design methods may be utilized for
ancillary roads.
(ii) Where lesser grades are necesary to control site-specific
condition, overall grade shall not exceed lv:10h (10 percent). Pitch
grade shall not exceed 1v:5h (20 percent). There shall not be more than
one thousand (1,000) consecutive feet of maximum pitch grade.
(iii) Ancillary roads may meander so as to avoid large growths of
vegetation and other natural obstructions.
(iv) Compaction on road embankments shall be only to the exten
necessary to control erosion and maintain the road.
(v) Temporary culverts and bridges shall be sized to safely pass the
one (1) year, six (6) hour precipitation event.
(49 FR 38892, Oct. 1, 1984, as amended at 52 FR 47717, Dec. 16, 1987)
30 CFR 942.819 Special performance standards -- Auger mining.
Part 819 of this chapter, Special Permanent Program Performance
Standards -- Auger Mining, shall apply to any person who conducts
surface coal mining operations which include auger mining.
30 CFR 942.823 Special performance standards -- Operations on prime
farmland.
Part 823 of this chapter, Special Permanent Program Performance
Standards -- Operations on Prime Farmland, shall apply to any person who
conducts surface coal mining operations on prime farmland.
30 CFR 942.824 Special performance standards -- Mountaintop removal.
Part 824 of this chapter, Special Permanent Program Performance
Standards -- Mountaintop Removal, shall apply to any person who conducts
surface coal mining and reclamation operations constituting mountaintop
removal.
30 CFR 942.827 Special performance standards -- Coal preparation plants
not located within the permit area of a mine.
Part 827 of this chapter, Permanent Program Performance Standards --
Coal Preparation Plants Not Located Within the Permit Area of a Mine,
shall apply to any person who conducts surface coal mining and
reclamation operations which include the operation of a coal preparation
plant not located within the permit area of a mine.
30 CFR 942.828 Special performance standards -- In situ processing.
Part 828 of this chapter, Special Permanent Program Performance
Standards -- In Situ Processing, shall apply to any person who conducts
surface coal mining and reclamation operations which include the in situ
processing of coal.
30 CFR 942.842 Federal inspections.
Part 842 of this chapter, Federal Inspections, shall apply to all
exploration and surface coal mining and reclamation operations.
30 CFR 942.843 Federal enforcement.
Part 843 of this chapter, Federal Enforcement, shall apply regarding
enforcement action on coal exploration and surface coal mining and
reclamation operations.
30 CFR 942.845 Civil penalties.
Part 845 of this chapter, Civil Penalties, shall apply to the
assessment of civil penalties for violations on coal exploration and
surface coal mining and reclamation operations.
30 CFR 942.846 Individual civil penalties.
Part 846 of this chapter, Individual Civil Penalties, shall apply to
the assessment of individual civil penalties under section 518(f) of the
Act.
(53 FR 3676, Feb. 8, 1988)
30 CFR 942.955 Certification of blasters.
Part 955 of this chapter, Certification of Blasters in Federal
Program States and on Indian Lands, shall apply to the training,
examination and certification of blasters for surface coal mining and
reclamation operations.
(51 FR 19462, May 29, 1986)
30 CFR 942.955 PART 943 -- TEXAS
Sec.
943.1 Scope.
943.10 State program approval.
943.15 Approval of regulatory program amendments.
943.16 Required program amendments.
943.20 Approval of Texas abandoned mine plan.
Authority: 30 U.S.C. 1201 et seq.
30 CFR 943.1 Scope.
This part contains all rules applicable only within Texas which have
been adopted under the Surface Mining Control and Reclamation Act of
1977.
(45 FR 13008, Feb. 27, 1980)
30 CFR 943.10 State program approval.
The Texas State program as submitted July 20, 1979, and amended
November 13, 1979, and December 20, 1979, is approved, effective
February 16, 1980. The Texas State program amendments of March 27,
1980, are approved effective June 18, 1980. Copies of the approved
program as amended are available at:
Texas Railroad Commission, Surface Mining and Reclamation Division,
1124 S. IH 35, Austin, Texas 78711.
Texas Railroad Commission, Surface Mining and Reclamation Division,
Field Office, Suite 125, 1121 East SW Loop 323, Tyler, Texas 75703.
Texas Railroad Commission, Surface Mining and Reclamation Division,
Field Office, Shank Office Building, 1419 3rd Street, Floresville, Texas
78114.
Office of Surface Mining Reclamation and Enforcement, Scarritt
Building, 818 Grand Avenue, 5th Floor, Kansas City, Missouri 64106,
Telephone (816) 374-3920.
Office of Surface Mining Reclamation and Enforcement, Interior South
Building, 1951 Constitution Avenue, Washington, DC 20240, Telephone
(202) 343-4728.
(45 FR 41137, June 18, 1980)
30 CFR 943.15 Approval of regulatory program amendments.
(a) The Texas permanent regulatory program amendments received by OSM
on March 27, 1980, are approved effective November 26, 1980.
(b) The Texas permanent regulatory program amendment received by OSM
on September 18, 1981, as clarified by Texas on March 23, 1982, is
approved effective June 3, 1982.
(c) The following amendments submitted August 31, 1984, as modified
February 8, 1985, are approved effective July 9, 1985: revisions
amending Texas coal mining regulations at 051.07.04.340, 051.07.04.510,
051.07.04.008 except for the definition of ''support facilities,''
051.07.04.138, 051.07.04.184, 051.07.04.201, 051.07.04.620,
051.07.04.621, 051.07.04.622, 051.07.04.624 and 051.07.04.625; and
repeal of section 051.07.04.623.
(d) With the exceptions of TCMR 806.309(j)(3) relating to
establishment of separate financial criteria for self-bonding by
government entities and TCMR 806.309(j)(9) relating to exemption of
persons with existing self-bond from meeting the qualifying financial
criteria of TCMR 806.309(j)(2)(C), (j)(3)(E) and (j)(5), the following
amendments submitted on August 24, 1988, as modified March 21, 1989, are
approved effective December 11, 1989: Revisions and recodification of
the self-bonding provisions of the Texas Coal Mining Regulations at
806.309(j)(1)(A), 806.309(j)(1)(B), 806.309(j)(1)(C), 806.309(j)(1)(D),
806.309(j)(1)(E), 806.309(j)(1)(F), 806.309(j)(1)(G), 806.309(j)(1)(H),
806.309(j)(2)(A), 806.309(j)(2)(B), 806.309(j)(2)(C), 806.309(j)(2)(D),
806.309(j)(4)(A), 806.309(j)(4)(B), 806.309(j)(4)(C), 806.309(j)(5)(A),
806.309(j)(5)(B), 806.309(j)(6)(A), 806.309(j)(6)(B), 806.309(j)(6)(C),
806.309(j)(6)(D), 806.309(j)(6)(E), 806.309(j)(7) and 806.309(j)(8).
(e) The revisions to the following Coal Mining Regulations of the
Railroad Commission of Texas as submitted on June 24, 1991, and revised
on October 8, 1991, are approved effective February 19, 1992:
(f) The deletion of the following Coal Mining Regulation of the
Railroad Commission of Texas as submitted on December 23, 1991, is
approved effective April 17, 1992: 816.394, regarding grazing during
the last 2 full years of the bond liability period on lands used for
surface coal mining activities and reclaimed for use as range or pasture
land.
(g) With the exceptions of TCMR 778.116(m), violation information;
TCMR 786.215(e)(1), review of violations; TCMR 786.215(f), permit
denial for pattern of violations; TCMR 786.215(g), final compliance
review; TCMR 788.225(e), review for improvidently issued permits; TCMR
788.225(f), review criteria; and TCMR 788.225(g), remedial measures,
the revisions to the Coal Mining Regulations of the Railroad Commission
of Texas as submitted on September 12, 1989, are approved effective May
21, 1992. Revisions to the following regulations are approved:
Definition of ''owned and controlled'' and ''owns and controls'' --
TCMR 701.008(53).
Identification of interests -- TCMR 778.116(a) through (l), and (n).
Review of permit applications: Conditional permit issuance -- TCMR
786.215(e)(2).
Conditions of permits -- TCMR 786.221(d).
Commission review of outstanding permits: Right of appeal -- TCMR
788.225(h).
(45 FR 78637, Nov. 26, 1980, as amended at 47 FR 24131, June 3, 1982;
50 FR 27951, July 9, 1985; 54 FR 50753, Dec. 11, 1989; 57 FR 5987,
Feb. 19, 1992; 57 FR 13644, Apr. 17, 1992; 57 FR 21607, May 21, 1992)
30 CFR 943.16 Required program amendments.
Pursuant to 30 CFR 732.17, Texas is required to submit for OSMRE's
approval the following proposed program amendments by the date
specified.
(a) By May 15, 1987, Texas shall submit for OSMRE's approval;
(1) Rules governing the training, examination and certification of
blasters; and
(2) A program to examine and certify all persons who are directly
responsible for the use of explosives in surface coal mining operations.
(b) By July 20, 1992, Texas shall formally propose an amendment to
OSM revising TCMR 778.116(l) to reference paragraphs TCMR 778.16(k)(1)
and (2) rather than ''paragraphs (a)(1) and (2) of this section.''
(c) By July 20, 1992, Texas shall formally propose an amendment to
OSM for TCMR 778.116(m) or otherwise modify its program to require an
application to include information on (1) violations received pursuant
to any SMCRA-approved State programs, including the Texas program, and
pursuant to OSM Federal programs (OSM-administered Indian lands program
and Federal programs for States), and (2) air or water environmental
protection violations received pursuant to any non-SMCRA State laws,
rules or regulations enacted pursuant to Federal laws, rules, or
regulations and incurred by the applicant in any State, including the
State of Texas.
(d) By July 20, 1992, Texas shall formally propose an amendment to
OSM for TCMR 786.215(e)(1) to
(1) Reference the required lists of unabated cessation orders and
violation notices at TCMR 778.116(m),
(2) Address the review of permit applications and require that the
Railroad Commission of Texas (Commission) shall not issue a permit if it
is determined that any surface coal mining and reclamation operation
owned or controlled by either the applicant, or by any person who owns
or controls the applicant, is currently in violation of the Texas
Surface Coal Mining and Reclamation Act of any other applicable law,
rule or regulation referred to at TCMR 778.215(e)(1), and
(3) Include, as a basis for permit denial, available information
concerning delinquent civil penalties issued pursuant to any OSM Federal
programs, or any SMCRA-approved State programs other than the Texas
program.
(e) By July 20, 1992, Texas shall formally propose an amendment to
OSM revising TCMR 786.215(e)(2) to reference the outcome of the appeal
described in paragraph TCMR 786.215(e)(1)(B) rather than ''the outcome
of the appeal described in paragraph (e)(1)(A) of this section.''
(f) By July 20, 1992, Texas shall formally propose an amendment to
OSM for TCMR 786.215(f) addressing the review of permit applications and
requiring that issuance of permits is prohibited in all situations where
the applicant, anyone who owns or controls the applicant, or the
operator specified in the application controls or has controlled surface
coal mining and reclamation operations with a demonstrated pattern of
willful violation of the Texas Surface Coal Mining and Reclamation Act
of such nature, duration, and with such resulting irreparable damage to
the environment that indicates an intent not to comply with the Act.
(g) By July 20, 1992, Texas shall formally propose an amendment to
OSM for TCMR 786.215(g) addressing the review of permit applications and
requiring the Commission to deny issuance of a permit to any applicant
failing or refusing to provide compliance information as required at
TCMR 778.116, or when the information supplied shows that the applicant
or any person who owns or controls the applicant is currently in
violation of the Texas Surface Coal Mining and Reclamation Act or any
other applicable law, rule, or regulation referred to in TCMR
786.215(e)(1).
(h) By July 20, 1992, Texas shall formally propose an amendment to
OSM for TCMR 788.225(e) to require the Commission to
(1) Review an outstanding permit any time there is ''reason to
believe'' that the permit was improvidently issued and
(2) Impose remedial measures no less effective than those provided
for in the Federal regulations at 30 CFR 773.20(c) when it finds that a
permit was improvidently issued.
(i) By July 20, 1992, Texas shall formally propose an amendment to
OSM for TCMR 788.225(f) addressing the review of outstanding permits
(1) To require the Commission to make a finding that a permit was
improvidently issued if the criteria at TCMR 788.225(f) (1) through (3)
are met and
(2) In making such finding, to require consideration of all unabated
violations, delinquent penalties, or fees regardless of whether or not
the violations, penalties, or fees were included in the permittee's
application.
(j) By July 20, 1992, Texas shall formally propose an amendment to
OSM for TCMR 788.225(g), the review of outstanding permits, to
(1) Require the Commission to base the implementation of the
specified remedial measures upon a finding that a permit was
improvidently issued,
(2) Provide the Commission with authority to suspend or rescind the
permit, even where only one unabated violation, unpaid penalty, or fee
exists, and
(3) Require that a notice of intent to suspend or rescind an
improvidently issued permit include notice requirements no less
effective than specified at 30 CFR 773.21.
(51 FR 28555, Aug. 8, 1986, as amended at 57 FR 21607, May 21, 1992)
30 CFR 943.20 Approval of Texas abandoned mine plan.
The Texas Abandoned Mine Plan, as submitted on April 24, 1980, and
amended on May 30, 1980, and June 2, 1980, and June 4, 1980, is
approved, effective June 23, 1980. Copies of the approved program are
available at:
Office of Surface Mining Reclamation and Enforcement, Region IV, 818
Grand Avenue, Scarritt Building, Kansas City, Missouri 64106.
The Railroad Commission of Texas, Surface Mining and Reclamation
Division, 1124 South IH 35, Austin, Texas.
The Office of Surface Mining Reclamation and Enforcement, 1951
Constitution Avenue, N.W., Washington, DC 20245.
(45 FR 41940, June 23, 1980)
30 CFR 943.20 PART 944 -- UTAH
Sec.
944.1 Scope.
944.10 State Regulatory Program approval.
944.15 Approval of amendments to State regulatory program.
944.16 Required program amendments.
944.20 Approval of Utah abandoned mine plan.
944.30 State-Federal Cooperative Agreement.
Authority: 30 U.S.C. 1201 et seq.
30 CFR 944.1 Scope.
This part contains all rules applicable only within Utah that have
been adopted under the Surface Mining and Reclamation Act of 1977.
(46 FR 5913, Jan. 21, 1981)
30 CFR 944.10 State Regulatory Program approval.
(a) The Utah State program as submitted on March 3, 1980, and as
amended and clarified on June 16 and July 24, 1980, and resubmitted on
December 23, 1980, was conditionally approved effective January 21,
1981.
(b) Copies of the approved program, together with copies of the
letter of the Division of Oil, Gas and Mining agreeing to the conditions
in 944.11, are available at:
Division of Oil, Gas and Mining, 1588 West North Temple, Salt Lake
City, Utah 80441, Telephone: (801) 533-5771.
Office of Surface Mining, Brooks Towers, Room 2115, 1020 15th Street,
Denver, CO 80202, Telephone: (303) 837-5421.
Office of Surface Mining, Interior South Building, Room 153, 1951
Constitution Avenue, NW, Washington, DC 20240, Telephone: (202)
343-4728.
(46 FR 5913, Jan. 21, 1981, as amended at 47 FR 26831, June 22, 1982;
47 FR 42350, Sept. 27, 1982)
30 CFR 944.15 Approval of amendments to State regulatory program.
(a) The following amendments were approved effective June 22, 1982:
(1) Utah House Bill 66 which amends section 40-10-10, 40-10-11,
40-10-16, 40-10-17, 40-10-18, 40-10-21, 40-10-22, and 40-10-24, Utah
Code Annotated 1953.
(2) Utah revised regulations UMC 817.124(b) and UMC 784.20(b)(3)(v)
adopted April 30 and May 1, 1981.
(b) The following amendments are approved effective (date of
publication).
(1) Regulatory modifications to UMC/SMC 845 adopted April 30 and May
1, 1981, as revised August 26, 1982.
(2) Modification of guidelines to allow use of the range site method
of measuring revegetation success pursuant to SMC 816.116 and UMC
817.116 submitted to OSM May 21, 1981, together with supplements
submitted October 20, 1981 and February 5, 1982.
(c) The following amendments are approved effective December 13,
1982:
(1) UMC 817.42(a)(3)(i) and UMC 817.42(a)(3)(ii) adopted June 29,
1981, as amended August 26, 1982.
(2) UMC 817.53(c) and SMC 816.53(c) adopted June 29, 1981, as amended
August 26, 1982.
(3) UMC 817.101(c) adopted June 29, 1981, as amended August 26, 1982.
(4) UMC 817.101(b)(8) adopted August 26, 1982.
(d) The amendments to the following sections were adopted.
(1) November 30, 1982, are approved effective March 7, 1983.
(i) SMC 816.72/UMC 817.72 subparts (b) and (c).
(ii) UMC/SMC 785.19 subpart (c)(3)(ii).
(e) The following amendments are approved effective August 29, 1984.
(1) Modifications to Utah regulations, section UMC 816.42 and UMC
817.42, adopted August 26, 1983.
(2) Modifications to Utah regulations section UMC 840.11 and SMC
840.11 adopted October 27, 1983.
(3) Modifications to Utah regulations, section SMC/UMC 843.12 adopted
January 27, 1984.
(f) The following amendments are approved effective December 3, 1985:
modifications to the Utah State Program regulations adopted by the Utah
Board of Oil, Gas and Mining on June 28, 1984, as revised on June 20,
1985. Those modifications included the following. The following rules
in existence prior to June 28, 1984, were repealed: SMC/UMC 800, 805,
806, 807, 808 and UMC 843.11, 843.15, 843.16, 845.12, 845.13, 845.17,
845.18 and 845.19. The following new or revised sections were adopted:
(1) UMC/SMC 700.1, 800.5, 800.11, 800.12, 800.13, 800.14, 800.15,
800.16, 800.17, 800.20, 800.21, 800.23, 800.30, 800.40, 800.50, and
800.60; (2) UMC 843.11, 843.15, 843.16, 845.12, 845.13, 845.17, 845.18,
845.19 and 845.20; and (3) definition of ''affected area'' at UMC/SMC
700.5, with the exception of the exemption for public roads. The
portion of the definition after the word ''operations'' is not approved:
The affected area shall include every road used for purposes of
access to, or for hauling coal to or from, surface coal mining and
reclamation operations, unless the road (a) was designated as a public
road pursuant to the laws of the jurisdiction in which it is located;
(b) is maintained with public funds, and constructed, in a manner
similar to other public roads of the same classification within the
jurisdiction; and (c) there is substantial (more than incidental)
public use.
(g) The amendments to UMC/SMC 843.13 submitted to OSM by Utah on
February 6, 1984, as revised and clarified by the State in its submittal
to OSM dated September 25, 1984 are approved effective December 18,
1985.
(h) The following amendment is approved effective January 16, 1986,
modifications to the Utah State Program regulations adopted by the Utah
Board of Oil, Gas and Mining on January 31, 1985, as revised on October
2, 1985. Those modifications were as follows: SMC/UMC 700.5 -- A
definition for ''incidental boundary change'' was added; SMC/UMC 771.21
-- Paragraph (b)(3) was revised; SMC/UMC 778.12 -- The existing section
was deleted in its entirety and a new section titled ''Permit Changes''
was adopted.
(i) The following amendments to the Utah State program listed below
which were submitted to OSMRE by Utah on January 21, and November 19,
1985 are approved effective June 10, 1986. Revision of the definitions
for ''adjacent area'', ''disturbed area'' and ''permit area''; Deletion
of the definition for ''mine plan area''; Revisions to SMC 843.11,
843.15, 843.16, 845.12, 845.13, 845.17, 845.18, and 845.19 with the
exception of the definition of ''mining'' to the extent that it excludes
the processing, cleaning, concentrating, preparing, or loading of coal
at a place other than the mine site; Adoption of SMC 843.20.
(j) The following amendments as submitted to OSMRE on March 3, 1986,
are approved effective July 28, 1986.
(1) Modifications to Utah regulations, sections SMC 816.61 and UMC
817.61, revised February 5, 1986.
(2) Modifications to Utah regulations, sections SMC/UMC 850.5 et
seq., revised February 5, 1986.
(3) Memorandum of Agreement between the Board and Division of Oil,
Gas, and Mining and the Utah Industrial Commission.
(4) Utah Code Annotated Title 40. Chapter 2. Coal Mines, Utah
Industrial Commission, sections 40-2-14 through 40-2-16.
(5) General Safety Orders, Utah Industrial Commission, Coal Mines,
sections 51 through 53.
(k) The following amendment to the Utah State program which was
submitted to OSMRE by Utah on September 3, 1986, is approved effective
January 28, 1987.
Revision of the definition for ''coal processing plant'' and adoption
of a definition for ''coal processing'' under SMC/UMC 700.5.
(l) The following amendment is approved effective March 28, 1988:
Modification to the Utah State Program regulations submitted to OSMRE by
Utah on January 8, 1988. The modification was as follows:
redesignation of the existing SMC/UMC 845.15 (b)(2) as (b)(1)(ii) and
adding a new paragraph (b)(2) to provide for a 30-day cap on civil
penalty assessments.
(m) The following amendment is approved effective August 18, 1988:
Revision of SMC/UMC 785.19(e)(2) regarding alluvial valley floors as
submitted by Utah to OSMRE on September 24, 1987, and revised by Utah on
April 6, 1988.
(n) With the exceptions of R614-100-200, the first definition of
''fragile lands''; R614-100-200, the definition of ''previously mined
area'' to the extent that the definition interprets or contemplates the
temporal concept of ''previously'' as being any other date than August
3, 1977, or allows lands which have once been fully and satisfactorily
reclaimed to be remined and then only partially reclaimed;
R614-100-200, the definition of ''road'', to the extent that it includes
the phrase ''public roads when an evaluation of the extent of the
mining-related uses of the road to the public uses of the road has been
made by the Division or;'' R614-100-200, the ''takings'' test as it
applies to the definition of ''valid existing rights;'' R614-100-415,
Federal lands coal exploration operation requirements to the extent the
rule includes the phrase ''which removes less than 250 tons;''
R614-301-731.212 and R614-301-731.223, ground and surface-water
monitoring requirements to the extent the rule includes the word
''accessible;'' R614-103-221 and R614-103-222, areas unsuitable for coal
mining and reclamation operations; R614-301-352, contemporaneous
reclamation; R614-301-411.145, land use; R614-301-525.160 and
R614-301-525.232, subsidence control requirements to the extent the
rules include the phrase ''to the extent required by Utah law;''
R614-301-528.320, coal waste disposal requirements to the extent that
the rule would allow end dumping or side dumping of coal mine waste in
coal mine waste disposal areas; R614-301-553.700 and R614-301-553.800,
backfilling and grading of thin and thick overburden surface mines; and
R614-302-271, variances from approximate original contour (AOC)
requirements to the extent that the rule does not limit the allowance of
variance from AOC to steep-slope mining operations, the following
revisions to the Utah permanent regulatory program rules submitted to
OSM on August 11, 1989, are approved effective April 12, 1990:
(o) Revisions to the following sections of the Utah Code Annotated
1953, title 40, as submitted to OSM on November 13, 1989, and revised on
May 29, 1990, are approved effective August 13, 1990.
40-10-10 Permit Applications
40-10-14 Permit Findings Issued to the Applicant and Other Interested
Parties
40-10-20 Civil Penalty for Violations
40-10-21 Civil Actions
40-10-25 Dedicated Credits, Transfer of Funds, and Investment By
State Treasurer
40-10-30 Judicial Review of Rules and Orders
40-10-31 Adjudicative Procedures That Supersede Chapter 46b, Title 63
(p) Revisions to the following sections of the Utah Code Annotated
1953, title 40, as submitted to OSM on October 10, 1990, are approved
effective January 29, 1991: U.C.A. 40-10-6.5 (1), (2), and (3),
rulemaking authority and procedures, and U.C.A. 40-10-6.6 (1) and (2),
deadline for review and proposal of revision of rules, and deadline for
revision of rules.
(q) With the exceptions of (1) R614-100-200, the phrase ''the
prohibition caused by 40-10-24 of the Act'' in subsection (c)(ii) of the
definition of ''valid existing rights;'' (2) R614-100-200, the phrase
''and may not include public roads as determined on a site-specific
basis'' in the definition of ''road;'' (3) R614-100-450 through 452,
termination of jurisdiction; (4) Appendix A of the Vegetation
Information Guidelines, references to the maximum sample size of 40;
(5) R614-301-528.320, the phrase ''as defined in 'A Dictionary of
Mining, Mineral, and Related Terms' 1968, U.S. Bureau of Mines'' in the
coal mine waste disposal requirements; (6) R614-301-553.800, the words
''mine plan'' in the backfilling and grading of thick overburden surface
mine requirements; and (7) R614-301-742.224, the phrase ''or qualified
registered professional land surveyor'' in the maps and plans
certification requirements, the following revisions to the Utah
permanent regulatory program rules as submitted to OSM on July 3, 1990,
and as revised on November 26, 1990, are approved effective August 23,
1991.
R614-100-200 Definitions of ''Fragile Lands,'' ''Owned or
Controlled'' and ''Owns or Controls,'' ''Unwarranted Failure to
Comply,'' and ''Valid Existing Rights''
R614-100-415 Applicability
R614-103-220, 221, and 222 Areas Unsuitable for Coal Mining and
Reclamation Operations
R614-105-443 Administrative Procedures for Blaster Training,
Examination, and Certification
R614-201-400 through 432, and 432.100, .300, 433, and 434 Coal
Exploration
R614-300-112.500 Administrative Procedures -- Permitting
R614-300-132.100, .120, .200, and .300 Review of Compliance
R614-300-148, 148.100, and .200 Permit Conditions
R614-300-160, 161, 162.100 through .300, 163, 163.100 through .400,
164, 164.100 through .300 and 170 Review Procedures for Improvidently
Issued Permits
R614-301-112.200 through .420 Permit Application Requirements,
Identification of Interests
R614-301-112.900 Permit Application Requirements, Updating Ownership
and Control Interests
R614-301-113.300 through .310, and 113.400 Violation Information
R614-301-352 Contemporaneous Reclamation
R614-301-356.232 and R614-301-357.300 Revegetation
R614-301-411.145 Land Use
R614-301-521.170 and .180 Roads and Support Facilities
R614-301-525.160 and .232 Subsidence
R614-301-526.220 Support Facilities
R614-301-527.200, .230, and .240 Roads and Support Facilities
R614-301-528.320 Coal Mine Waste
R614-301-533.100 Impoundments
R614-301-534.130 through .150 Roads
R614-301-542.620 and .640 Roads and Support Facilities
R614-301-553 Backfilling and Grading
R614-301-553.700 Backfilling and Grading of Thin Overburden Surface
Mines
R614-301-733.210 Permanent and Temporary Impoundments
R614-301-742.222, .223, and .225 Siltation Structures
R614-301-742.412 and .423 Roads and Support Facilities
R614-301-743.130, .131, .132, and .200 Impoundments
R614-301-746.312 and .340 Coal Mine Waste Impounding Structures
R614-302-271 Variances From Approximate Original Contour Restoration
Requirements
R614-303-232.500 Renewal of Permits for Reclamation
R614-400-319 State Enforcement Provisions
R614-402-120, 220, 310, 320, and 410 Inspection and Enforcement
R614-301-728 Vegetation Information Guidelines; Probable Hydrologic
Consequences (PHC) Determinations as Augmented by a Policy Statement
(r) With the exceptions of the definition of ''road'' at Utah
Administrative Rule (Admin. R.) 614-100-200 to the extent that it
includes the phrase ''and may not include public roads as determined on
a site specific basis'' and Utah's February 25, 1991, policy statement
titled ''Division of Oil, Gas and Mining Policy for the Implementation
of Site Specific Determinations of the Public Status of Roads under
R614-100-200,'' which supplements this definition, the following
amendment of the Utah permanent regulatory program rules, as submitted
to OSM on March 1, 1991, is approved effective November 22, 1991: Utah
Admin. R. 614-100-200, definition of ''public road.''
(s) The recodification of the Utah Administrative Rules and revisions
to the following Utah Administrative Rules pertaining to coal mining
incidental to the minimg of other minerals, as submitted to OSM on
December 30, 1991, are approved effective May 11, 1992.
645-100-200 Definitions of ''Cumulative Impact area,'' ''Cumulative
Measurement Period,'' ''Cumulative Production,'' ''Cumulative Revenue,''
''Mining Area,'' and ''Other Minerals.''
645-100-414 Applicability.
645-106-100 Scope.
645-106-200 through 262 Application Requirements and Procedures.
645-106-300 through 326 Contents of Application for Exemption.
645-106-400 through 430 Public Availability of Information.
645-106-500 through 522 Requirements for Exemption.
645-106-600 through 616 Conditions of Exemption and Right of
Inspection and Entry.
645-106-700 through 724 Stockpiling of Minerals.
645-106-800 through 843 Revocation and Enforcement.
645-106-900 through 926 Reporting Requirements.
645-300-211 Administrative and Judicial Review of Decisions on
Permits.
(47 FR 42350, Sept. 27, 1982, as amended at 47 FR 55675, Dec. 13,
1982; 48 FR 9526, Mar. 7, 1983; 49 FR 34212, Aug. 29, 1984; 50 FR
49544, Dec. 3, 1985; 50 FR 51521, Dec. 18, 1985; 51 FR 2363, Jan. 16,
1986; 51 FR 20967, June 10, 1986; 51 FR 26882, July 28, 1986; 52 FR
2864, Jan. 28, 1987; 53 FR 9887, Mar. 28, 1988; 53 FR 31325, Aug. 18,
1988; 55 FR 13783, Apr. 12, 1990; 55 FR 32911, Aug. 13, 1990; 56 FR
3217, Jan. 29, 1991; 56 FR 41803, Aug. 23, 1991; 56 FR 58858, Nov. 22,
1991; 57 FR 20054, May 11, 1992)
30 CFR 944.16 Required program amendments.
Pursuant to 30 CFR 732.17 Utah is required to submit for OSM's
approval the following proposed program amendments by the dates
specified.
(a) By November 21, 1991, Utah shall submit a proposed amendment for
the definition of ''valid existing rights'' at R614-100-200, deleting
the phrase ''the prohibition caused by 40-10-24 of the Act'' in
subsection (c)(ii) of the definition.
(b) By November 21, 1991, Utah shall propose an amendment for its
areas unsuitable for coal mining and reclamation operations rule at
R614-103-220, citing ''Section 523(a) of the Federal Act'' rather than
''Section 522(a) of the Federal Act.''
(c) By November 21, 1991, Utah shall propose an amendment for its
improvidently issued permit rules at R614-300-160 through
R614-300-163.400, or otherwise propose an amendment to its program, to
include State-specific counterparts to the Federal violations review
criteria listed in the April 28, 1989, Federal Register (54 FR 18438,
18440-18441).
(d) By November 21, 1991, Utah shall propose an amendment for its
identification of interests and compliance information rule at
R614-301-111.400, or otherwise propose an amendment to its program, to
require permit applicants to submit information in the OSM-prescribed
format.
(e) By November 21, 1991, Utah shall propose an amendment for its
revegetation rule at R614-301-356.231, or otherwise propose an amendment
to its program, to specify the minimum tree and shrub stocking and
planting arrangements to be developed for fish and wildlife habitat,
recreation, shelterbelts, or forest products, and to specify whether
consultation with State agencies on these stocking and planting
arrangements will be conducted on a programwide or permit-specific
basis.
(f) By November 21, 1991, Utah shall propose an amendment for part 2
of the ''Methods'' section of the Vegetation Information Guidelines to
specify the minimum size of range sites to be used for establishing
revegetation success standards.
(g) By November 21, 1991, Utah shall propose an amendment for
appendix A of its Vegetation Information Guidelines to either reference
documents which describe in detail the procedures for each proposed
sampling methodology or actually include the detailed description of the
procedures for each proposed sampling methodology in the guideline.
(h) By November 21, 1991, Utah shall delete from appendix A of its
Vegetation Information Guidelines the maximum sample adequacy size of
40.
(i) By November 21, 1991, Utah shall propose an amendment for its air
quality rule R614-301-424, or otherwise propose amendment of its
program, specifying that a mine permit application shall include an air
quality monitoring program, if such a program is required by the
regulatory authority, and citing ''R614-301-244.300'' rather than
''R614-224.300.''
(j) By November 21, 1991, Utah shall propose an amendment for its
coal mine waste disposal rule at R614-301-528.320 removing the phrase
''as defined in 'A Dictionary of Mining, Mineral, and Related Terms'
1968, U.S. Bureau of Mines.''
(k) By November 21, 1991, Utah shall propose an amendment for its
thick overburden rule at R614-301-553.800 removing the words ''mine
plan.''
(l) By November 21, 1991, Utah shall propose an amendment for its
maps and plans certification rule at R614-301-742.224 removing the words
''or qualified professional land surveyor'' and referencing
''R614-301-512.200'' rather than ''R614-301-512.100.''
(m) By November 21, 1991, Utah shall propose an amendment for its
maps and plans certification rule to amend (1) rule R614-301-512.140 to
reference ''R614-301-731.700 through R614-301-731.740'' rather than
''R614-301-731.700,'' and (2) rule R614-301-731.750 to reference
''R614-301-512.200'' rather than ''R614-301-512.100.''
(n) By January 21, 1992, Utah shall submit a proposed amendment:
(1) Deleting from the definition of ''road'' at Utah Admin. R.
614-100-200 the phrase ''and may not include public roads as determined
on a site specific basis'' and
(2) Withdrawing from the Utah program the February 25, 1991, policy
statement titled ''Division of Oil, Gas and Mining Policy for the
Implementation of Site Specific Determinations of the Public Status of
Roads under Utah Admin. R. 614-100-200,'' or modifying it to be
consistent with SMCRA and the Federal regulations.
(o) By January 21, 1992, Utah shall submit a proposed amendment
making the definition of ''public road'' at Utah Admin. R. 614-100-200
applicable only to the Utah rules for designating lands unsuitable for
mining at Utah Admin. R. 614-103.
(50 FR 36555, Sept. 6, 1985, as amended at 51 FR 26883, July 28,
1986; 55 FR 13784, Apr. 12, 1990; 56 FR 41804, Aug. 23, 1991; 56 FR
58858, Nov. 22, 1991)
30 CFR 944.20 Approval of Utah abandoned mine plan.
The Utah Abandoned Mine Plan, as submitted on February 9, 1983, and
as subsequently revised is approved. Copies of the approved program are
available at:
Office of Surface Mining Reclamation and Enforcement, Albuquerque
Field Office, 219 Central Avenue NW., Suite 216, Albuquerque, New Mexico
97102
State of Utah, Division of Oil, Gas and Mining, 4241 State Office
Building, Salt Lake City, Utah 84114.
(48 FR 24878, June 3, 1983)
30 CFR 944.30
30 CFR State-Federal Cooperative Agreement.
The Governor of the State of Utah (Governor) and the Secretary of the
Department of the Interior (Secretary) enter into a Cooperative
Agreement (Agreement) to read as follows:
Agencies
A. Authority: This Agreement is authorized by section 523(c) of the
Surface Mining Control and Reclamation Act (SMCRA), 30 U.S.C. 1273(c),
which allows a State with a permanent regulatory program approved by the
Secretary of the Interior under 30 U.S.C. 1253, to elect to enter into
an agreement for State regulation of surface coal mining and reclamation
operations on Federal lands. This Agreement provides for State
regulation of coal exploration operations not subject to 43 CFR part
3480 through 3487, and surface coal mining and reclamation operations
and activities in Utah on Federal lands (30 CFR Chapter VII Subchapter
D), consistent with SMCRA and the Utah Code Annotated (State Act)
governing such activities and the Utah State Program (Program).
B. Purposes: The purposes of this Agreement are to (a) foster
Federal-State cooperation in the regulation of surface coal mining and
reclamation operations and activities and coal exploration operations
not subject to 43 CFR part 3480, Subparts 3480 through 3487; (b)
minimize intergovernmental overlap and duplication; and (c) provide
uniform and effective application of the Program on all lands in Utah in
accordance with SMCRA, the Program, and this Agreement.
C. Responsible Administrative Agencies: The Utah Division of Oil,
Gas, and Mining (DOGM) will be responsible for administering this
Agreement on behalf of the Governor. The Office of Surface Mining
Reclamation and Enforcement (OSMRE) will administer this Agreement on
behalf of the Secretary.
After being signed by the Secretary and the Governor, this Agreement
will take effect 30 days after publication in the Federal Regiser as a
final rule. This agreement will remain in effect until terminated as
provided in Article XI.
The terms and phrases used in this Agreement which are defined in
SMCRA 30 CFR parts 700, 701 and 740, the Program, including the State
Act, and the rules and regulations promulgated pursuant to that Act,
will be given the meanings set forth in said definitions.
Where there is a conflict between the above referenced State and
Federal definitions, the definitions used in the Program will apply.
In accordance with the Federal lands program, the laws, regulations,
terms and conditions of the Program are applicable to Federal lands in
Utah except as otherwise stated in this Agreement, SMCRA 30 CFR 740.4,
740.11(a) and 745.13, and other applicable Federal laws, Executive
Orders, or regulations.
The Governor and the Secretary affirm that they will comply with all
the provisions of this Agreement.
A. Authority of State Agency: DOGM has and will continue to have the
authority under State law to carry out this Agreement
B. Funds: 1. Upon application by DOGM and subject to appropriations,
OSMRE will provide the State with the funds to defray the costs
associated with carrying out its responsibilities under this Agreement
as provided in section 705(c) of the Federal Act, the grant agreement,
and 30 CFR 735.16. Such funds will cover the full cost incurred by DOGM
in carrying out these responsibilities, provided that such cost does not
exceed the estimated cost the Federal government would have expended on
such responsibilities in the absence of this Agreement; and provided
that such State-incurred cost per permitted acre of Federal lands does
not exceed the per permitted area costs for similar administration and
enforcement activities of the Program on non-Federal and non-Indian
lands during the same time period.
2. The ratio or cost split of Federal to non-Federal dollars
allocated under the cooperative agreement will be determined by OSMRE
and DOGM based on the projected costs for regulation of mines within
Federal lands, in consideration of the relative amounts of Federal and
non-Federal land involved. The designation of mines, based on Federal
and non-federal land, will be prepared by DOGM and submitted to OSMRE's
Albuquerque Field Office. OSMRE's Albuquerque Field Office and OSMRE's
Western Field Operations office will work with DOGM to estimate the
amount the Federal government would have expended for regulation of
Federal lands in Utah in the absence of this Agreement.
3. OSMRE and the State will discuss the OSMRE Federal lands cost
estimate, the DOGM-prepared list of acres by mine, and the State's
overall cost estimate. After resolution of any issues, DOGM will submit
its grant application to OSMRE's Albuquerque Field Office. The Federal
lands/non-Federal lands ratio will be applied to the final eligible
total State expenditures to arrive at the total Federal reimbursement
due the State. Assuming timely submission, this ratio or cost split
will be agreed upon by July of the year preceding the applicable fiscal
year in order to enable the State to budget funds for the Program.
The State may use the existing year's budget totals, adjusted for
inflation and workload considerations in estimating the regulatory costs
for the following grant year. OSMRE will notify DOGM as soon as
possible if such projections are unrealistic.
4. If DOGM applies for a grant but sufficient funds have not been
appropriated to OSMRE, OSMRE and DOGM will promptly meet to decide on
appropriate measures that will insure that mining operations on Federal
lands in Utah are regulated in accordance with the Program.
5. Funds provided to the DOGM under this Agreement will be adjusted
in accordance with Office of Management and Budget Circular A-102,
Attachment E.
C. Reports and Records: DOGM will make annual reports to OSMRE
containing information with respect to compliance with the terms of this
Agreement pursuant to 30 CFR 745.12(d). DOGM and OSMRE will exchange,
upon request, except where prohibited by Federal or State law,
information developed under this Agreement.
OSMRE will provide DOGM with a copy of any final evaluation report
prepared concerning State administration and enforcement of this
Agreement. DOGM comments on the report will be appended before
transmission to the Congress or other interested parties.
D. Personnel: DOGM will maintain the necessary personnel to fully
implement this Agreement in accordance with the provisions of SMCRA the
Federal lands program, and the Program.
E. Equipment and Laboratories: DOGM will assure itself access to
equipment, laboratories, and facilities with which all inspections,
investigations, studies, tests, and analyses can be performed which are
necessary to carry out the requirements of the Agreement.
F. Permit Application Fees and Civil Penalties: The amount of the
fee accompanying an application for a permit for operations on Federal
lands in Utah will be determined in accordance with 40-10-6(5), Utah
Code Annotated 1953 as amended and UMC/SMC 771.25 of the State
regulations, and the applicable provisions of the Program and Federal
law. All permit fees and civil penalty fines collected from operations
on Federal lands will be retained by the State and will be deposited
with the State Treasurer. Permit fees will be considered program
income. Civil penalty fines will not be considered program income and
will be deposited in an account for use in reclaiming abandoned mine
sites. The financial status report submitted pursuant to 30 CFR 735.26
will include a report of the amount of fees collected during the State's
prior fiscal year.
A. Submission of Permit Application Package: DOGM and the Secretary
require an applicant proposing to conduct surface coal mining and
reclamation operations and activities on Federal lands to submit a
permit application package (PAP) in an appropriate number of copies to
DOGM. DOGM will furnish OSMRE and other Federal agencies with an
appropriate number of copies of the PAP. The PAP will be in the form
required by DOGM and will include any supplemental information required
by OSMRE and the Federal land management agency. Where section
522(e)(3) of SMCRA applies, DOGM will work with the agency with
jurisdiction over the publicly owned park, including units of the
National Park System, or historic property included in the National
Register of Historic Places (NRHP) to determine what supplemental
information will be required.
At a minimum, the PAP will satisfy the requirements of 30 CFR part
740 and include the information necessary for DOGM to make a
determination of compliance with the Program and for OSMRE and the
appropriate Federal agencies to make determinations of compliance with
applicable requirements of SMCRA, the Federal lands program, and other
Federal laws, Executive Orders, and regulations for which they are
responsible.
B. Review Procedures Where There is No Leased Federal Coal Involved:
1. DOGM will assume the responsibilities for review of permit
applications where there is no leased Federal coal to the extent
authorized in 30 CFR 740.4(c) (1), (2), (4), (6) and (7). In addition
to consultation with the Federal land management agency pursuant to 30
CFR 740.4 (c)(2), DOGM will be responsible for obtaining, except for
non-significant revisions or amendments, the comments and determinations
of other Federal agencies with jurisdiction or responsibility over
Federal lands affected by the operations proposed in the PAP. DOGM will
request such Federal agencies to furnish their findings or any requests
for additional information to DOGM within 45 calendar days of the date
of receipt of the PAP. OSMRE will assist DOGM in obtaining this
information, upon request.
Responsibilities and decisions which can be delegated to DOGM under
other applicable Federal laws may be specified in working agreements
between OSMRE and the State, with the concurrence of any Federal agency
involved, and without amendment to this agreement.
2. DOGM will assume primary responsibility for the analysis, review
and approval or disapproval of the permit application component of the
PAP required by 30 CFR 740.13 for surface coal mining and reclamation
operations and activities in Utah on Federal lands not requiring a
mining plan pursuant to the Mineral Leasing Act (MLA). DOGM will review
the PAP for compliance with the Program and State Act and regulations.
DOGM will be the primary point of contact for applicants regarding
decisions on the PAP and will be responsible for informing the applicant
of determinations.
3. The Secretary will make his non-delegable determinations under
SMCRA, some of which have been delegated to OSMRE.
4. OSMRE and DOGM will coordinate with each other during the review
process as needed. OSMRE will provide technical assistance to DOGM when
requested, if available resources allow. DOGM will keep OSMRE informed
of findings made during the review process which bear on the
responsibilities of OSMRE or other Federal agencies. OSMRE may provide
assistance to DOGM in resolving conflicts with Federal land management
agencies. OSMRE will be responsible for ensuring that any information
OSMRE receives from an applicant is promptly sent to DOGM. OSMRE will
have access to DOGM files concerning operations on Federal lands. OSMRE
will send to DOGM copies of all resulting correspondence between OSMRE
and the applicant that may have a bearing on decisions regarding the
PAP. The Secretary reserves the right to act independently of DOGM to
carry out his responsibilities under laws other than SMCRA.
5. DOGM will make a decision on approval or disapproval of the permit
on Federal lands.
(a) Any permit issued by DOGM will incorporate any terms or
conditions imposed by the Federal land management agency, including
conditions relating to post-mining land use, and will be conditioned on
compliance with the requirements of the Federal land management agency.
In the case that VER is determined to exist on Federal lands under
section 522(e)(3) of SMCRA where the proposed operation will adversely
affect a unit of the National Park System (NPS), DOGM will work with the
NPS to develop mutually agreed upon terms and conditions for
incorporation into the permit to mitigate environmental impact as set
forth under Article X of this agreement.
(b) The permit will include terms and conditions required by other
applicable Federal laws and regulations.
(c) After making its decision on the PAP, DOGM will send a notice to
the applicant, OSMRE, the Federal land management agency, and any agency
with jurisdiction over a publicly owned park or historic property
included in the NRHP which would be affected by a design under section
522(e)(3) of SMCRA. A copy of the permit and written findings will be
submitted to OSMRE if requested.
C. Review Procedures Where Leased Federal Coal is Involved: 1. DOGM
will assume the responsibilities listed in 30 CFR 740.4(c) (1), (2),
(3), (4), (6) and (7), to the extent authorized.
In accordance with 30 CFR 740.4(c)(1), DOGM will assume primary
responsibility for the analysis, review and approval or disapproval of
the permit application component of the PAP for surface coal mining and
reclamation operations and activities in Utah where a mining plan is
required. OSMRE will, at the request of the State, assist to the extent
possible in this analysis and review.
The Secretary will concurrently carry out his responsibilities that
cannot be delegated to DOGM under the Federal lands program, MLA, the
National Environmental Policy Act (NEPA), this Agreement, and other
applicable Federal laws. The Secretary will carry out these
responsibilities in a timely manner and will avoid, to the extent
possible, duplication of the responsibilities of the State as set forth
in this Agreement and the Program. The Secretary will consider the
information in the PAP and, where appropriate, make decisions required
by SMCRA, MLA, NEPA, and other Federal laws.
Responsibilities and decisions which can be delegated to the State
under other applicable Federal laws may be specified in working
agreements between OSMRE, and DOGM, with concurrence of any Federal
agency involved, and without amendment to this Agreement.
2. DOGM will be the primary point of contact for applicants regarding
the review of the PAP for compliance with the Program and State law and
regulations. On matters concerned exclusively with regulations under 43
CFR part 3480, Subparts 3480 through 3847, the Bureau of Land Management
(BLM) will be the primary contact with the applicant. DOGM will send to
OSMRE copies of any correspondence with the applicant and any
information received from the applicant regarding the PAP. OSMRE will
send to DOGM copies of all OSMRE correspondence with the applicant which
may have a bearing on the PAP. As a matter of practice, OSMRE will not
independently initiate contacts with applicants regarding completeness
or deficiencies of the PAP with respect to matters covered by the
Program.
BLM will inform DOGM of its actions and provide DOGM with a copy of
documentation on all decisions. DOGM will be responsible for informing
the applicant of all joint State-Federal determinations. Where
necessary to make the determination to recommend that the Secretary
approve the mining plan, OSMRE will consult with and obtain the
concurrences of the BLM, the Federal land management agency and other
Federal agencies as required.
The Secretary reserves the right to act independently of DOGM to
carry out his responsibilities under laws other than SMCRA or provisions
of SMCRA not covered by the Program, and in instances of disagreement
over SMCRA and the Federal lands program.
DOGM will to the extent authorized, consult with the Federal land
management agency and BLM pursuant to 30 CFR 740.4(c) (2) and (3),
respectively. DOGM will also be responsible for obtaining the comments
and determinations of other Federal agencies with jurisdiction or
responsibility over Federal lands affected by the operations proposed in
the PAP. DOGM will request all Federal agencies to furnish their
findings or any requests for additional information to DOGM within 45
days of the date of receipt of the PAP. OSMRE will assist DOGM in
obtaining this information, upon request of DOGM.
3. DOGM will be responsible for approval and release of performance
bonds under 30 CFR 740.4(c)(4), and for review and approval of
exploration operations not subject to 43 CFR part 3480, under 30 CFR
740.4(c)(6).
DOGM will prepare documentation to comply with the requirements of
NEPA under 30 CFR 740.4(c)(7); however, OSMRE will retain the
responsibility for the exceptions in 30 CFR 740.4(c)(7)(i)-(vii).
OSMRE will assist DOGM in carrying out DOGM's responsibilities by:
(a) Coordinating resolution of conflicts and difficulties between
DOGM and other Federal agencies in a timely manner.
(b) Assisting in scheduling joint meetings, upon request, between
State and Federal agencies.
(c) Where OSMRE is assisting DOGM in reviewing the PAP, furnishing to
DOGM the work product within 50 calendar days of receipt of the State's
request for such assistance, unless a different time is agreed upon by
OSMRE and DOGM.
(d) Exercising its responsibilities in a timely manner, governed to
the extent possible by the deadlines established in the Program.
(e) Assuming all responsibility for ensuring compliance with any
Federal lessee protection board requirement.
4. Review of the PAP: (a) OSMRE and DOGM will coordinate with each
other during the review process as needed. DOGM will keep OSMRE
informed of findings made during the review process which bear on the
responsibilities of OSMRE or other Federal agencies. OSMRE will ensure
that any information OSMRE receives which has a bearing on decisions
regarding the PAP is promptly sent to DOGM.
(b) DOGM will review the PAP for compliance with the Program and
State law and regulations.
(c) OSMRE will review the operation and reclamation plan portion of
the permit application, and any other appropriate portions of the PAP,
for compliance with the non-delegable responsibilities of SMCRA and for
compliance with the requirements of other Federal laws and regulations.
(d) OSMRE and DOGM will develop a work plan and schedule for PAP
review and each will identify a person as the project leader. The
project leaders will serve as the primary points of contact between
OSMRE and DOGM throughout the review process. Not later than 50 days
after receipt of the PAP, unless a different time is agreed upon, OSMRE
will furnish DOGM with its review comments on the PAP and specify any
requirements for additional data. To the extent practicable, DOGM will
provide OSMRE all available information that may aid OSMRE in preparing
any findings.
(e) DOGM will prepare a State decision package, including written
findings and supporting documentation, indicating whether the PAP is in
compliance with the Program. The review and finalization of the State
decision package will be conducted in accordance with procedures for
processing PAPs agreed upon by DOGM and OSMRE.
(f) DOGM may make a decision on approval or disapproval of the permit
on Federal lands in accordance with the Program prior to the necessary
Secretarial decision on the mining plan, provided that DOGM advises the
operator in the permit that Secretarial approval of the mining plan must
be obtained before the operator may conduct coal development or mining
operations on the Federal lease. DOGM will reserve the right to amend
or rescind any requirements of the permit to conform with any terms or
conditions imposed by the Secretary in the approval of the mining plan.
(g) The permit will include, as applicable, terms and conditions
required by the lease issued pursuant to the MLA and by any other
applicable Federal laws and regulations, including conditions imposed by
the Federal land management agency relating to post-mining land use, and
those of other affected agencies, and will be conditioned on compliance
with the requirements of the Federal land management agency with
jurisdiction.
(h) In the case that VER is determined to exist on Federal lands
under section 522(e)(3) of SMCRA where the proposed operation will
adversely affect a unit of the NPS, DOGM will work with the NPS to
develop mutually agreed upon terms and conditions for incorporation into
the permit to mitigate environmental impacts as set forth under Article
X of this agreement.
(i) After making its decision on the PAP, DOGM will send a notice to
the applicant, OSMRE, the Federal land management agency, and any agency
with jurisdiction over the publicly owned park or historic property
included in the NRHP affected by a decision under section 522(e)(3) of
SMCRA. A copy of the written findings and the permit will also be
submitted to OSMRE.
5. OSMRE will provide technical assistance to DOGM when requested, if
available resources allow. OSMRE will have access to DOGM files
concerning operations on Federal lands.
D. Review Procedures for Permit Revisions, Amendments, or Renewals:
1. Any permit revision, amendment, or renewal for an operation on
Federal lands will be reviewed and approved or disapproved by DOGM after
consultation with OSMRE on whether such revision, amendment, or renewal
constitutes a mining plan modification. OSMRE will inform DOGM within
30 days of receiving a copy of a proposed revision, amendment, or
renewal, whether the permit revision, amendment, or renewal constitutes
a mining plan modification. Where approval of a mining plan
modification is required, OSMRE and DOGM will follow the procedures
outlined in paragraphs C.1. through C.5. of this Article.
2. OSMRE may establish criteria to determine which permit revisions,
amendments, and renewals clearly do not constitute mining plan
modifications.
3. Permit revisions, amendments, or renewals on Federal lands which
are determined by OSMRE not to constitute mining plan modifications
under paragraph D.1. of this Article or that meet the criteria for not
being mining plan modifications as established under paragraph D.2. of
this Article will be reviewed and approved following the procedures
outlined in paragraphs B.1. through B.5. of this Article.
A. DOGM will conduct inspections on Federal lands in accordance with
30 CFR 740.4(c)(5) and prepare and file inspection reports in accordance
with the Program.
B. DOGM will, subsequent to conducting any inspection pursuant to 30
CFR 740.4(c)(5), and on a timely basis, file with OSMRE a legible copy
of the completed State inspection report.
C. DOGM will be the point of contact and primary inspection authority
in dealing with the operator concerning operations and compliance with
the requirements covered by the Agreement, except as described
hereinafter. Nothing in this Agreement will prevent inspections by
authorized Federal or State agencies for purposes other than those
covered by this Agreement. The Department may conduct any inspections
necessary to comply with 30 CFR parts 842 and 843 and its obligations
under laws other than SMCRA.
D. OSMRE will ordinarily give DOGM reasonable notice of its intent to
conduct an inspection under 30 CFR 842.11 in order to provide State
inspectors with an opportunity to join in the inspection. When OSMRE is
responding to a citizen complaint of an imminent danger to the public
health and safety, or of significant, imminent environmental harm to
land, air or water resources, pursuant to 30 CFR 842.11(b)(1)(ii)(C), it
will contact DOGM no less than 24 hours prior to the Federal inspection,
if practicable, to facilitate a joint Federal/State inspection. All
citizen complaints which do not involve an imminent danger of
significant, imminent environmental harm will be referred to DOGM for
action. The Secretary reserves the right to conduct inspections without
prior notice to DOGM to carry out his responsibilities under SMCRA.
A. DOGM will have primary enforcement authority under SMCRA
concerning compliance with the requirements of this Agreement and the
Program in accordance with 30 CFR 740.4(c)(5). Enforcement authority
given to the Secretary under other Federal laws and Executive orders
including, but not limited to, those listed in Appendix A (attached) is
reserved to the Secretary.
B. During any joint inspection by OSMRE and DOGM, DOGM will have
primary responsibility for enforcement procedures, including issuance of
orders of cessation, notices of violation, and assessment of penalties.
DOGM will inform OSMRE prior to issuance of any decision to suspend or
revoke a permit on Federal lands.
C. During any inspection made solely by OSMRE or any joint inspection
where DOGM and OSMRE fail to agree regarding the propriety of any
particular enforcement action, OSMRE may take any enforcement action
necessary to comply with 30 CFR parts 843 and 845. Such enforcement
action will be based on the standards in the Program, SMCRA, or both,
and will be taken using the procedures and penalty system contained in
30 CFR parts 843 and 845.
D. DOGM and OSMRE will promptly notify each other of all violations
of applicable laws, regulations, orders, or approved mining permits
subject to this Agreement, and of all actions taken with respect to such
violations.
E. Personnel of DOGM and OSMRE will be mutually available to serve as
witness in enforcement actions taken by either party.
F. This Agreement does not affect or limit the Secretary's authority
to enforce violations of Federal laws other than SMCRA.
A. DOGM and the Secretary will require each operator who conducts
operations on Federal lands to submit a single performance bond payable
to Utah and the United States to cover the operator's responsibilities
under SMCRA and the Program. Such performance bond will be conditioned
upon compliance with all requirements of the SMCRA, the Program, State
rules and regulations, and any other requirements imposed by the
Department. Such bond will provide that if this Agreement is
terminated, the portion of the bond covering the Federal lands will be
payable only to the United States. DOGM will advise OSMRE or annual
adjustments to the performance bond, pursuant to the Program.
B. Prior to releasing the operator from any obligation under such
bond, DOGM will obtain the concurrence of OSMRE. OSMRE concurrence will
include coordination with other Federal agencies having authority over
the lands involved.
C. Performance bonds will be subject to forfeiture with the
concurrence of OSMRE, in accordance with the procedures and requirements
of the Program.
D. Submission of a performance bond does not satisfy the requirements
for a Federal lease bond required by 43 CFR Subpart 3474 or lessee
protection bond required in addition to a performance bond, in certain
circumstances, by section 715 of SMCRA.
Certain Types of Surface Coal Mining and Reclamation
Operations and Activities and Valid Existing Rights
and Compatibility Determinations
A. Unsuitability Petitions.
1. Authority to designate Federal lands as unsuitable for mining
pursuant to a petition is reserved to the Secretary.
2. When either DOGM or OSMRE receives a petition that could impact
adjacent Federal or non-Federal lands pursuant to section 522(c) of
SMCRA, the agency receiving the petition will notify the other of
receipt and the anticipated schedule for reaching a decision, and
request and fully consider data, information and recommendations of the
other. OSMRE will coordinate with the Federal land management agency
with jurisdiction over the petition area, and will solicit comments from
the agency.
The following actions will be taken when requests for determinations
of VER pursuant to section 522(e) of SMCRA, or for determinations of
compatibility pursuant to section 522(e)(2) of SMCRA are received prior
to or at the time of submission of a PAP that involves surface coal
mining and reclamation operations and activities:
1. For Federal lands within the boundaries of any areas specified
under section 522(e)(1) of SMCRA, OSMRE will determine whether VER
exists for such areas.
For non-Federal lands within section 522(e)(1) areas DOGM, with the
consultation and concurrence of OSMRE, will determine whether operations
on such lands will or will not affect Federal lands. For such
non-Federal lands affecting Federal lands, OSMRE will make the VER
determination.
Under section 522(e)(1), for non-Federal lands within the boundaries
of the National Park System, DOGM, with the consultation and concurrence
of OSMRE, will determine whether operations on such lands will or will
not affect the Federal interest. For such non-Federal lands within the
boundaries of the National Park System which affect the Federal
interest, OSMRE will make the VER determination.
2. For Federal lands within the boundaries of any national forest
where proposed operations are prohibited or limited by section 522(e)(2)
of SMCRA and 30 CFR 761.11(b), OSMRE will make the VER determination.
OSMRE will process requests for determinations of compatibility under
section 522(e)(2) of SMCRA.
3. For Federal lands, DOGM, with the consultation and concurrence of
OSMRE, will determine whether any proposed operation will adversely
affect units of the National Park System with respect to the
prohibitions or limitations of section 522(e)(3) of SMCRA. For such
operations adversely affecting units of the National Park System, DOGM,
with the consultation and concurrence of OSMRE, will make the VER
determination.
For Federal lands, DOGM will determine whether any proposed operation
will adversely affect all publicly owned parks other than those covered
in the preceding paragraph and, in consultation with the State Historic
Preservation Officer, places listed in the National Register of Historic
Places, with respect to the prohibitions or limitations of section
522(e)(3) of SMCRA.
For Federal lands other than those on which the proposed operation
will adversely affect units of the National Park System, DOGM will make
the VER determination for operations which are prohibited or limited by
section 522(e)(3) of SMCRA. In the case that VER is determined to exist
on Federal lands under section 522(e)(3) of SMCRA where a proposed
operation will adversely affect a unit of the NPS, DOGM will work with
the NPS to develop mutually agreed upon terms and conditions for
incorporation into the permit in order to mitigate environmental
impacts.
In the case that VER is determined not to exist under section
522(e)(3) of SMCRA or 30 CFR 761.11(c), no surface coal mining
operations and activities will be permitted unless jointly approved by
DOGM and the Federal, State or local agency with jurisdiction over the
publicly owned park or historic place.
4. DOGM will process determinations of VER on Federal lands for all
areas limited or prohibited by section 522(e) (4) and (5) of SMCRA as
unsuitable for mining. For operations on Federal lands, DOGM will
coordinate with any affected agency or agency with jurisdiction over the
proposed surface coal mining and reclamation operation.
This Agreement may be terminated by the Governor or the Secretary
under the provisions of 30 CFR 745.15.
If this Agreement has been terminated in whole or in part it may be
reinstated under the provisions of 30 CFR 745.16.
This Agreement may be amended by mutual agreement of the Governor and
the Secretary in accordance with 30 CFR 745.14.
A. The Department or the State may from time to time promulgate new
or revised performance or reclamation requirements or enforcement and
administration procedures. Each party will, if it determines it to be
necessary to keep this Agreement in force, change or revise its
regulations or request necessary legislative action. Such changes will
be made under the procedures of 30 CFR part 732 for changes to the
Program and under the procedures of section 501 of SMCRA for changes to
the Federal lands program.
B. DOGM and the Department will provide each other with copies of any
changes to their respective laws, rules, regulations or standards
pertaining to the enforcement and administration of this Agreement.
Each party to this Agreement will notify the other, when necessary,
of any changes in personnel, organization and funding, or other changes
that may affect the implementation of this Agreement to ensure
coordination of responsibilities and facilitate cooperation.
This Agreement will not be construed as waiving or preventing the
assertion of any rights in this Agreement that the State or the
Secretary may have under laws other than SMCRA or their regulations,
including but not limited to those listed in Appendix A.
Dated:
Signed:
Governor of Utah
Dated:
Signed:
Secretary of the Interior
1. The Federal Land Policy and Management Act, 43 U.S.C. 1701 et
seq., and implementing regulations.
2. The Mineral Leasing Act of 1920, 30 U.S.C. 181 et seq., and
implementing regulations, including 43 CFR part 3480.
3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321 et
seq., and implementing regulations, including 40 CFR part 1500.
4. The Endangered Species Act, 16 U.S.C. 1531 et seq., and
implementing regulations, including 50 CFR part 402.
5. The National Historic Preservation Act of 1966, 16 U.S.C. 470 et
seq., and implementing regulations, including 36 CFR part 800.
6. The Clean Air Act, 42 U.S.C. 7401 et seq., and implementing
regulations.
7. The Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq.,
and implementing regulations.
8. The Resource Conservation and Recovery Act of 1976, 42 U.S.C.
6901 et seq., and implementing regulations.
9. The Reservoir Salvage Act of 1960, amended by the Preservation of
Historical and Archaeological Data Act of 1974, 16 U.S.C. 469 et seq.
10. Executive Order 11593 (May 13, 1971), Cultural Resource
Inventories on Federal Lands.
11. Executive Order 11988 (May 24, 1977), for flood plain protection.
12. Executive Order 11990 (May 24, 1977), for wetlands protection.
13. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351 et
seq., and implementing regulations.
14. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291 et seq.
15. The Constitution of the United States.
16. Surface Mining Control and Reclamation Act of 1977, 30 U.S.C.
1201 et seq.
17. 30 CFR Chapter VII.
18. The Constitution of the State of Utah.
19. Utah Code Annotated 40-10-1 et seq.
20. Utah Code Annotated 40-8-1 et seq.
21. Utah Coal Mining and Reclamation Permanent Program, Chapters I
and II, Final Rules of the Board of Oil, Gas and Mining, UMC/SMC 700 et
seq.
(52 FR 7850, Mar. 13, 1987)
30 CFR 944.30 PART 946 -- VIRGINIA
Sec.
946.1 Scope.
946.10 State regulatory program approval.
946.11 Conditions of State regulatory program approval.
946.12 State program provisions and amendments disapproved.
946.13 State program provisions set aside.
946.15 Approval of regulatory program amendments.
946.16 Required regulatory program amendments.
946.20 Abandoned mine land reclamation plan approval.
946.25 Amendments to approved Virginia abandoned mine land
reclamation plan.
946.30 State-Federal Cooperative Agreement.
Authority: 30 U.S.C. 1201 et seq.
30 CFR 946.1 Scope.
This part contains all rules applicable only within Virginia that
have been adopted under the Surface Mining Control and Reclamation Act
of 1977.
(46 FR 61114, Dec. 15, 1981)
30 CFR 946.10 State regulatory program approval.
The Virginia regulatory program, as submitted on March 3, 1980, as
amended and clarified on June 16, 1980, as resubmitted on August 13,
1981, and as clarified in a meeting with OSMRE on September 21 and 22,
1981, and in a letter to the director of the Office of Surface Mining on
October 15, 1981, is conditionally approved, effective December 15,
1981. Effective January 1, 1985, the Department of Mines, Minerals and
Energy replaces the Department of Conservation and Economic Development
as the regulatory authority in Virginia for all surface coal mining and
reclamation operations and all exploration operations on non-Federal and
non-Indian lands. Copies of the approved program as amended are
available for review at the following locations:
(a) Virginia Division of Mined Land Reclamation, 622 Powell Avenue,
Big Stone Gap, Virginia 24219.
(b) Office of Surface Mining Reclamation and Enforcement, P.O. Box
626, Room 214, Powell Valley Square Shopping Center, Route 23, Big Stone
Gap, Virginia 24219.
(c) Office of Surface Mining Reclamation and Enforcement, Flannagan
and Carroll Streets, Lebanon, Virginia 24266.
(d) Office of Surface Mining Reclamation and Enforcement, Room 5315,
1100 L Street NW., Washington, DC 20240.
(51 FR 42554, Nov. 25, 1986)
30 CFR 946.11 Conditions of State regulatory program approval.
The approval of the Virginia State program is subject to the State
revising its program to correct the deficiencies listed in this section.
The program revisions may be made, as appropriate, to the statute, the
regulations, the program narrative, or the Attorney General's opinion.
This section indicates, for the general guidance of the State, the
component of the program to which the Secretary recommends the change be
made.
(46 FR 61114, Dec. 15, 1981, as amended at 47 FR 31550, July 21,
1982; 47 FR 55678, Dec. 13, 1982; 48 FR 25186, June 6, 1983; 48 FR
46031, Nov. 11, 1983; 49 FR 19478, May 8, 1984)
30 CFR 946.12 State program provisions and amendments disapproved.
(a) The following provisions are disapproved effective April 22,
1983: Paragraphs 3.01(a)(1), 3.01(a)(4) and 3.01 (a)(5) of the Virginia
Coal Surface Mining and Reclamation Regulations for Operations
Disturbing Two Surface Acres or Less.
(b) The following provisions of the coal surface mining reclamation
regulations promulgated pursuant to Chapter 19, Title 45.1 of the Code
of Virginia (1950), as submitted on November 8, 1985, as hereby
disapproved:
(1) The definition of ''affected area'' in section 480-03-19.700.5 to
the extent that it could be interpreted as excluding all public roads
with more than incidental public use;
(2) Section 480-03-19.761.11(h), which prohibits mining on certain
Federal lands, in its entirety; and
(50 FR 32851, Aug. 15, 1985, as amended at 51 FR 42554, Nov. 25,
1986; 52 FR 26973, July 17, 1987)
30 CFR 946.13 State program provisions set aside.
(a) Paragraphs 3.01(a)(1), 3.01(a)(4) and 3.01(a)(5) of the Virginia
Coal Surface Mining and Reclamation Regulations for Operations
Disturbing Two Surface Acres or Less are inconsistent with and less
effective than the Federal provisions for the two-acre exemption and are
set aside in their entirety under the provisions of section 505(b) of
the Surface Mining Control and Reclamation Act of 1977.
(50 FR 32851, Aug. 15, 1985)
30 CFR 946.15 Approval of regulatory program amendments.
(a) The following amendment was approved effective July 21, 1982:
Virginia's revised policy statement granting authority to field
inspectors to issue cessation orders for imminent danger or harm,
submitted January 28, 1982, to satisfy condition (k).
(b) The following amendments were approved effective August 19, 1982:
(1) Section 33.1-246.1 of the Virginia Surface Mining Control and
Reclamation Act (Virginia SMCRA), repealed upon adoption of House Bill
975 and upon approval of the amendment by the Secretary of the Interior,
submitted July 9, 1982.
(2) Virginia revised regulations, sections V816.150 and V817.150,
submitted July 9, 1982.
(c) The following amendments were approved effective September 21,
1982:
(1) New sections 45.1-270.1 -- 45.1-270.7 of the Virginia SMCRA,
submitted July 8, 1982.
(2) Virginia revised regulations, section V808.15, new Part V809 and
appropriate reference changes to remainder of Subchapter VJ.
(d) The following amendments were approved effective December 13,
1982:
(1) Virginia revised regulations, submitted August 13, 1982, to
satisfy conditions (a), (b), (c), (d), (e), (f), (g), (h), (i), (j),
(l), (m), (n), (o), (p) and (s).
(2) Amended section 45.1-235(C) of the Virginia SMCRA and Virginia
revised regulations, submitted August 13, 1982.
(e) The following amendment was approved effective January 18, 1983:
Virginia revised regulations, section V809, submitted September 30,
1982.
(f) The following amendment was approved effective February 28, 1983:
Virginia revised regulations, section V809.11, submitted December 20,
1982.
(g) The following amendment was approved effective April 21, 1983:
Amended section 45.1-234 of the Virginia SMCRA, submitted March 22,
1983.
(h) The following amendment was approved effective April 22, 1983:
Chapter 23 of Title 45 of the Code of Virginia and the Virginia Coal
Surface Mining Reclamation Regulations for Operations Disturbing Two
Surface Acres or Less except for the provisions listed at 30 CFR 946.12,
submitted on July 9, 1982.
(i) The following amendments were approved effective June 6, 1983:
(1) Amended sections 45.1-249 and 45.1-251 of the Virginia SMCRA,
submitted March 22, 1983, to satisfy condition (q).
(2) Amended section 45.1-240 of the Virginia SMCRA, submitted March
22, 1983.
(j) The following amendment was approved effective December 27, 1983.
Revised 45.1-270.2 -- 45.1-270.4 of the Code of Virginia and Virginia
revised regulations of Part V809, submitted on May 20, 1983.
(k) The following amendment was approved effective March 16, 1984:
Revised coal haul road policy, submitted July 27, 1983.
(l) The following amendment was approved effective (Insert
publication date). Revised Virginia regulations, Section V786.19 to add
a new part (o), submitted by Virginia on February 10, 1984.
(m) The following amendment submitted to OSM on April 11, 1984, is
approved effective August 2, 1984: Virginia's blaster certification
program, as contained in the Virginia regulations at Subchapter VM Part
V850; the general requirements for use of explosives at sections
V816.61(c) and V817.61(c); Chapter 230 of the 1984 Acts of Assembly;
and all other items as submitted by Virginia on April 11, 1984, and
clarified on July 5, 1984.
(n) The following amendment is approved effective January 1, 1985:
Chapter 590 of the 1984 Acts of Assembly to revise various sections of
Title 45 of the Code of Virginia, submitted June 13, 1984.
(o) The following amendment was approved effective May 8, 1985.
Amended Section 45.1-244 and addition of a new section 45.1-369.1 of the
Code of Virginia, relating to the inspection and monitoring of coal
surface mining and reclamation operations, submitted February 20, 1985.
(p) The following amendment is approved effective August 15, 1985:
Repeal of section 45.1-364 of Chapter 23 of the Code of Virginia and
addition of a new section 45.1-364.1, as enacted by the General Assembly
of Virginia on March 17, 1984, and submitted to OSM in May 1985.
(q) The following amendment as submitted to OSM on September 4, 1985,
is approved, effective November 18, 1985: The definitions of '''coal
preparation' or 'coal processing''' and ''coal preparation plant'' at
V700.5 of the Virginia Coal Surface Mining Reclamation Regulations.
(r) The following amendments to the Virginia permanent regulatory
program, as submitted on November 8, 1985, and as revised and clarified
on August 14, 1986, are approved effective (November 25, 1986) with the
exception of the provisions identified in 946.12(b) and paragraphs
(r)(1)(i) through (r)(1)(iii) of this section:
(1) Except as provided in section 480-03-19.700.3, replacement of all
existing coal surface mining reclamation regulations promulgated
pursuant to Chapter 19, Title 45.1 of the Code of Virginia (1950) with a
new set of regulations, consisting of Parts 480-03-19.700 through
480-03-19.850, developed pursuant to the same statutory authority. This
approval is conditional upon final promulgation of these regulations in
a form substantively identical to that in which they were submitted on
November 8, 1985, and revised on August 14, 1986. Pending promulgation
of revised Federal regulations, the following provisions are not being
approved at this time:
(i) The definition of ''valid existing rights'' in section
480-03-19.700.5,
(ii) Sections 480-03-19.816.116(b)(3)(ii),
480-03-19.817.116(c)(3)(ii), 480-03-19.816.116(c)(3) and
480-03-19.817.116(c)(3) to the extent that they could be interpreted as
allowing the replanting of trees and shrubs and the repair of rills and
gullies without requiring the restarting of the five-year responsibility
period, and
(iii) Sections 480-03-19.816.116(c)(2) and 480-03-19.817.116(c)(2) to
the extent that they would allow the measurement of revegetation success
during a period other than the final two years of the responsibility
period.
(2) Certain techniques for measuring revegetation success as
submitted on August 14, 1986; and
(3) Guidelines for determining when an application for a permit
revision must be handled in accordance with all permit application
informational and procedural requirements, as submitted on August 14,
1986.
(s) The following amendment to the Virginia permanent regulatory
program, as submitted by letter of March 20, 1987, is approved effective
July 17, 1987: Addition of the phrase ''to the extent required under
State law'' to sections 480-03-19.784.20(f)(2) and
480-03-19.817.121(c)(2) of the Virginia Coal Surface Mining Reclamation
Regulations.
(t) The following amendments to the Virginia permanent regulatory
program, as submitted by letter dated January 16, 1987, are approved
effective August 17, 1987: Revisions to the Virginia Coal Surface
Mining Reclamation Regulations at 480-03-19.801.13(a)(2), which concerns
self-bonding requirements for participants in the Coal Surface Mining
Reclamation Fund, and at 480-03-19.801.17(a), which concerns bond
release requirements for participants in this fund.
(u) The following amendments to the Virginia program, as contained in
H.B. 883, Chapter 468 of the 1987 Virginia Acts of Assembly and as
submitted to OSMRE by letter dated June 15, 1987, are approved effective
July 1, 1987: Revisions and additions to the Code of Virginia at
section 45.1-270.3:1 requiring additional reclamation or bond for
permits bonded under the fund and under temporary cessation for an
extended period of time; section 45.1-270.4 raising the maintenance
levels of the fund and requiring consideration of all potential
obligations when computing the fund balance; section 45.1-270.5:1
allowing Virginia to file a civil action to compel reclamation by the
permittee in the event of forfeiture under the fund; and section
45.1-270.6B allowing Virginia to file for judgment to recover monies
expended from the fund.
(v) The following amendment to the Virginia permanent regulatory
program, as submitted by letter dated July 2, 1987, is approved
effective December 31, 1987: Revisions to the Virginia Coal Surface
Mining Reclamation Regulations at section 480-03-19.801.12(a) to allow
the use of personal checks as one method for paying entrance fees to
Virginia's Surface Coal Mining Reclamation Fund.
(w) The following amendments to the Virginia program, as submitted by
letter dated September 1, 1987, are approved effective March 7, 1988.
(1) Revisions to the Virginia coal surface mining reclamation
regulations at section 480-13-19.789.1(e) to allow for payment from the
Commonwealth of expenses and fees (including attorney's fees) to any
person who makes a substantial contribution to a full and fair
determination of the issues in an administrative proceeding and who at
least partially prevails on the merits of the issue;
(2) Deletion of measurement techniques for determining ground cover
on small areas;
(3) Addition of sampling techniques contained in the OSMRE
publication ''Technical Guides on Use of Reference Areas and Technical
Standards for Evaluating Surface Mine Revegetation in OSM Regions I and
II'' for measuring productivity of grazing land, pasture land, and crop
land.
(4) Revision to the Virginia coal surface mining reclamation
regulations at section 480-03-19.843.15 to provide that a notice or
order ceasing mining shall not expire after 30 days if the operator or
permittee waives the informal minesite hearing; and
(5) Revisions to the Virginia coal surface mining reclamation
regulations at sections 480-03-19.845.17(b) and 480-03-19.845.18(b)(1)
to provide that failure to serve any proposed assessment or to hold any
requested assessment conference within the time limits prescribed within
these sections is not grounds for dismissal of all or any part of the
proposed assessment unless the person against whom the proposed penalty
is assessed can prove actual prejudice as a result of the delay and
makes a timely objection to the delay.
(x) The following amendments to the Virginia program, as submitted by
letter dated September 10, 1987, are approved effective June 16, 1988.
(1) Revisions to 480-03-19.700.5 of the Virginia Coal Surface Mining
Reclamation Regulations adding definitions of ''abatement plan,''
''actual improvement,'' ''baseline pollution load,'' ''best professional
judgment,'' ''best technology,'' and ''pollution abatement area,''
(2) The addition of section 480-03-19.785.19 to the Virginia Coal
Surface Mining Reclamation Regulations establishing permitting
requirements for remining areas with existing pollutional discharges,
and
(3) The addition of section 480-03-19.825 to the Virginia Coal
Surface Mining Reclamation Regulations establishing special performance
standards and bond release criteria and schedules for operations
remining areas with pollutional discharges.
(y) The following amendments submitted to OSM on June 30, 1989 are
approved effective upon promulgation of the revised rules by the State
provided the rules adopted are identical to those submitted to OSM.
Revisions to the Virginia coal surface mining regulations in chapter VR
480-03-19.: 700.11, 764.15, 773.15, 779.19, 779.20, 780.14, 780.16,
783.19, 783.20, 784.20, 784.21, 785.14, 801.17, 816.97, 817.97, 840.11,
846, 846.2, 846.12, 846.14, 846.17, 846.18.
(z) The following amendments were approved February 2, 1990:
(1) Amended sections 45.1-270.2 and 45.1-270.3 of the Virginia Coal
Surface Mining Control and Reclamation Act submitted on July 5, 1989,
concerning changes to Virginia's Coal Surface Mining Reclamation Fund.
(2) (Reserved)
(aa) With the exception of the amendments listed in the paragraph (9)
below entitled ''Exceptions'', the amendment submitted by Virginia on
April 6, 1988, and revised on September 14, 1988, are approved effective
February 5, 1990, provided Virginia promulgates these regulations in a
form identical to that in which they were submitted to OSM and reviewed
by the public. The approved amendments are:
(1) Revisions to VR 480-03-19.842.15(d) to provide that the State
Director's decisions on citizen requests for review of an inspector's
decision not to inspect or take enforcement action with respect to any
violation alleged by that citizen are appealable in accordance with the
Virginia Administrative Process Act.
(2) Revisions to VR 480-03-19.843.12(j) to provide that the State
Director's decisions on whether to allow extension of the abatement
period for a violation beyond 90 days are appealable in accordance with
the Virginia Administrative Process Act.
(3) Revisions to the definitions of fragile and historic lands at VR
480-03-19.700.5.
(4) Revisions to the following regulations concerning the protection
of cultural and historic resources: VR 480-03-19.772.12(b)(8)(iv);
480-03-19.773.12; 480-03-19.773.15(c)(11); 480-03-19.779.12(b);
480-03-19.779.24(j); 480-03-19.780.31; 480-03-19.783.12(b);
480-03-19.783.24(j);and 480-03-19.784.17.
(5) Addition of VR 480-03-19.773.15(c)(12) to require that, prior to
approving a permit application or application for a significant
revision, the State Director find in writing that the applicant or the
permittee specified in the application has not owned or controlled a
surface coal mining and reclamation operation for which the permit has
been revoked or the bond forfeited pursuant to the Code of Virginia or
any Federal law, rule or regulation, or any law, rule or regulation
enacted pursuant to Federal or State law pertaining to air or water
environmental protection and surface coal mining activities in any other
State, unless the applicant has been reinstated by the agency which
revoked the permit or forfeited the bond.
(6) Addition of VR 480-03-19.800.52, which establishes criteria and
procedures whereby persons who have forfeited bond in Virginia may
regain eligibility to obtain permits.
(7) Addition of VR 480-03-19.843.13(f) to allow persons who have had
a permit revoked to apply for reinstatement pursuant to VR
480-03-19.800.52.
(8) Revisions to VR 480-03-19.816.116(b)(3)(v)(C) and
480-03-19.817.116(b)(3)(v)(C) to reduce the revegetation success
standard for the stocking of woody plants on steep slopes from 600 per
acre to 400 per acre.
(9) Exceptions: Revisions to VR 480-03-19.785.13(b)(2),
480-03-19.785.14(c)(1) and 480-03-19.785.16(a)(1) to classify commercial
forestry as a form of commercial land use.
(bb) The following amendments were approved December 7, 1990.
(1) Added section 45.1-270.4:1 to the Virginia Coal Surface Mining
Control and Reclamation Act submitted on August 31, 1990, concerning a
change to Virginia's Coal Surface Mining Reclamation Fund.
(2) (Reserved)
(cc) The following amendments submitted to OSM on September 12, 1990,
are approved effective December 26, 1990. The amendments consist of the
following modification to the Virginia regulations (VR 480-03-19):
784.20 Subsidence Control Plan.
817.121 Subsidence Control.
(dd) The amendment submitted to OSM on June 29, 1990, and revised on
October 18, 1990, and November 29, 1990, is approved effective January
4, 1991. The amendment consists of the following modifications to the
Virginia regulations (VR 480-03-19):
700.5 Definitions.
773.15 Review of Permit Applications.
773.17 Permit Conditions.
773.20 Improvidently Issued Permits: Rescission Procedures.
773.21 Improvidently Issued Permits: Pattern of Violations.
778.13 Identification of Interests.
778.14 Violation Information.
843.11 Cessation Orders.
843.13 Suspension or Revocation of Permits -- Pattern of Violations
The modifications made to Virginia Regulations (VR 480-03-19) 773.15
and 773.20 have been clarified by the State in a policy statement dated
October 18, 1990 (Administrative Record No. VA-776).
(ee) The amendments submitted to OSM on April 5, 1991 and May 1, 1991
and clarified on May 30, 1991 and July 16, 1991 are approved August 5,
1991. The amendments consist of modifications to the following sections
of the Code of Virginia and the Virginia regulations (VR 480-03-19)
which all deal with Virginia's Coal Surface Mining Reclamation Fund:
(1) Code of Virginia Sections 45.1-261.1, 45.1-270.3, 45.1- 270.4,
and 45.1-270.4:1.
(2) Virginia Regulations Sections (VR 480-03-19.) 801.11(a),
801.12(a), 801.12(b), 801.12(g), 801.14(a), 801.14(b), 801.14(c),
801.14(d), and 801.15(a).
(3) The repeal of section 45.1-270.3:1 of the Code of Virginia.
(48 FR 25186, June 6, 1983)
Editorial Note: For Federal Register citations affecting 946.15,
see the List of CFR Sections Affected in the Finding Aids section of
this volume.
30 CFR 946.16 Required regulatory program amendments.
Pursuant to 30 CFR 732.17, Virginia is required to submit the
following proposed program amendments by the dates specified:
(a) -- (c) (Reserved)
(51 FR 42554, Nov. 25, 1986, as amended at 53 FR 7183, Mar. 7, 1988;
55 FR 3738, Feb. 5, 1990; 56 FR 370, Jan. 4, 1991)
30 CFR 946.20 Abandoned mine land reclamation plan approval.
Virginia Abandoned Mine Land Reclamation Plan as submitted on
September 22, 1980, is approved effective December 15, 1981. Copies of
the approved plan are available for review at the following locations:
(a) Virginia Division of Mined Land Reclamation, 622 Powell Avenue,
Big Stone Gap, Virginia 24219.
(b) Office of Surface Mining Reclamation and Enforcement, P.O. Box
626, Room 214, Powell Valley Square Shopping Center, Route 23, Big Stone
Gap, Virginia 24219.
(c) Office of Surface Mining Reclamation and Enforcement, Room 5315,
1100 L Street NW., Washington, DC 20240.
(51 FR 42555, Nov. 25, 1986)
30 CFR 946.25 Amendments to approved Virginia abandoned mine land
reclamation plan.
The Virginia AMLR Amendment, as submitted on February 3, 1987, and
modified on July 27, 1987, is approved effective November 13, 1987.
Copies of the approved amendment are available at:
Virginia Division of Mined Land Reclamation, 622 Powell Avenue, Big
Stone Gap, Virginia 24219
Office of Surface Mining Reclamation and Enforcement, Big Stone Gap
Field Office, P.O. Box 626, Big Stone Gap, Virginia 24219
Office of Surface Mining Reclamation and Enforcement, Administrative
Records Office, 1100 L St. NW., Room 5205, Washington, DC 20240.
(52 FR 43573, Nov. 13, 1987)
30 CFR 946.30 State-Federal Cooperative Agreement.
This is a Cooperative Agreement (Agreement) between the Commonwealth
of Virginia (State) acting by and through the Governor, and the United
States Department of the Interior (Department), acting by and through
the Secretary of the Interior (Secretary).
Administrative Agency
A. Authority: This Agreement is authorized by section 523(c) of the
Surface Mining Control and Reclamation Act (SMCRA or the Act), 30 U.S.C.
1273(c), which provides that any State with a permanent regulatory
program approved under 30 U.S.C. 1253 may enter into an agreement with
the Secretary to assume the responsibilities of regulating surface coal
mining and reclamation operations on Federal lands within that State.
This Agreement provides for such regulation within the Commonwealth of
Virginia (State) consistent with SMCRA, the Virginia State Program, and
the Federal Lands Program (30 CFR Chapter VII, Subchapter D).
B. Purpose: The purpose of this Agreement is to (1) foster
State-Federal cooperation in the regulation of coal mining including
coal exploration on Federal lands containing non-Federal coal; (2)
minimize intergovernmental overlap and duplication; and (3) provide
uniform and effective application of the Virginia State Program (State
Program) on all Federal lands except those containing leased Federal
coal. This agreement does not apply on Indian lands.
C. Responsible Administrative Agencies: The Division of Mined Land
Reclamation (DMLR) of the Department of Mines, Minerals and Energy is
responsible for administering the Agreement on behalf of the Governor.
The Office of Surface Mining Reclamation and Enforcement (OSMRE) is
responsible for administering this Agreement on behalf of the Secretary.
The Federal lands in Virginia covered by this Agreement are
predominantly administered by the U.S. Department of Agriculture, Forest
Service, and include in part the Jefferson National Forest and the
George Washington National Forest. It is understood by all parties that
the Forest Service or the applicable Federal agency will continue to
regulate mining operations on lands under its jurisdiction pursuant to
the laws, regulations, agreements, and restrictions governing those
lands. These requirements are in addition to the requirements discussed
in this Agreement.
The Agreement shall take effect May 7, 1987. This Agreement shall
remain in effect until terminated as provided in Article XI.
The terms and phrases used in this Agreement which are defined in the
Act, 30 CFR Chapter VII, and the approved State Program shall be given
the meanings set forth in said definitions. Where there is a conflict
among the above referenced State and Federal definitions, the
definitions used in the approved State Program will apply unless
prohibited by Federal law.
The term ''Federal lands covered by the agreement'' means all Federal
lands in Virginia except those lands containing leased Federal coal or
those consisting of Federal surface over unleased Federal coal.
The laws, rules, terms, and conditions of the State Program are
applicable to all Federal lands in Virginia. The State is authorized to
conduct regulatory activities on all Federal lands with cooperative
agreement.
The Governor and the Secretary affirm that they will comply with all
of the provisions of this Agreement and will continue to meet all the
conditions and requirements specified in the Agreement.
A. Authority of State Agency: DMLR has and shall continue to have
authority under State law to carry out this Agreement.
B. Funds: Upon application by the DMLR and subject to the
availability of appropriations, the Department shall provide the State
with the funds to defray the costs associated with carrying out
responsibilities under this Agreement as provided by section 705(c) of
the SMORA and 30 CFR part 735. If sufficient funds have not been
appropriated to OSMRE, OSMRE and DMLR shall meet promptly to decide on
measures that will insure that mining operations are regulated in
accordance with the State Program. If agreement cannot be reached, then
either party may terminate the Agreement in accordance with Article XI.
Funds provided to the State shall be adjusted in accordance with the
Office of Management and Budget Circular A-102, Attachment E.
C. Reports and Records: DMLR shall make annual reports to OSMRE
pursuant to 30 CFR 745.12(d) on the results of the State's
implementation and administration of this cooperative agreement. DMLR
and OSMRE shall exchange, upon request, information developed under this
Agreement except where prohibited by Federal law. OSMRE shall provide
DMLR with a copy of any final evaluation report concerning State
administration and enforcement of this Agreement.
D. Personnel: DMLR shall provide the necessary personnel to fully
implement this Agreement in accordance with the provisions of the
Federal and State Acts and the State Program.
E. Equipment and Laboratories: DMLR shall have access to equipment,
laboratories, and facilities necessary to carry out inspections,
investigations, studies, tests, and analyses necessary to implement this
Agreement.
F. Permit Application Fees: The amount of the fee accompanying an
application for a permit shall be determined in accordance with the
Virginia Coal Surface Mining Control and Reclamation Act of 1979 and 19
CV 45.1-235.(E). All permit fees, including fees for permits, permit
revisions, renewals, transfers, sales or assignments, application fees,
and civil penalties collected from operations on Federal lands covered
by this agreement shall be retained by the State and deposited with the
State Treasurer. The financial status report submitted pursuant to 30
CFR 735.26 shall include a report of the amount of the permit
application and other fees collected and attributable to Federal lands
during the prior Federal fiscal year. This amount shall be disposed of
in accordance with Federal regulations and OMB Circular No. A-102
Attachment E.
A. Permit Application Package: DMLR shall require an operator
proposing to conduct surface coal mining and reclamation operations on
Federal lands covered by this Agreement to submit the appropriate permit
application package (PAP) for a permit, permit revision, or permit
renewal in an appropriate number of copies to DMLR. DMLR will furnish
OSMRE a copy if OSMRE so requests. The permit application package shall
be in the form required by DMLR and include any supplemental information
required by the Federal land management agency. The PAP shall include
the information required by, or necessary for, DMLR to make a
determination of compliance with the State program and, under 30 CFR
740.4(c)(2), with any conditions or special requirements imposed by the
Federal land management agency.
As requested, OSMRE will assist DMLR in identifying Federal agencies
which may be affected by the proposed mining operation.
B. Review Procedures: 1. DMLR shall assume primary responsibility
for the analysis, review, and approval or disapproval of PAPs for a
permit, permit revision, or permit renewal for operations on Federal
lands covered by this agreement. DMLR shall also assume primary
responsibility for the review and analysis of applications for transfer,
assignment or sale of permit rights required by 30 CFR 740.13 for
surface coal mining operations on Federal lands covered by this
agreement. DMLR shall be the primary point of contact for operators
regarding PAPs and applications for the transfer, sale, or assignment of
permit rights and will be responsibile for informing the applicant of
all joint State-Federal or Federal determinations.
2. Upon receipt of PAP that involves surface coal mining and
reclamation operations on lands covered by this Agreement, DMLR shall
(a) transmit a copy of the complete PAP to the Federal land management
agency with a request for review pursuant to 30 CFR 740.13(c)(4); (b)
provide OSMRE with information necessary to allow OSMRE to determine
whether or not a proposed surface coal mining and reclamation operation
is prohibited or limited by the requirements of Section 522(e) of SMORA
(30 U.S.C. 1272(e)) and 30 CFR part 761 and part 762; (c) determine
whether leased Federal coal or Federal surface over unleased Federal
coal is involved and immediately inform OSMRE in these situations; and
(d) obtain, in a timely manner, the views and determinations of any
other Federal agencies with jurisdiction or responsibility over Federal
lands affected by a PAP in Virginia. These consultation comments shall
be forwarded to OSMRE to be considered in any compatibility or valid
existing rights determination;
3. OSMRE will provide technical assistance when requested, if
available resources allow, and will process requests for determinations
of compatibility and valid existing rights under 30 CFR part 761 and
part 762. OSMRE will be responsible for ensuring that any information
OSMRE receives from an applicant is promptly sent to DMLR. OSMRE shall
have access to DMLR files concerning mines on Federal lands. The
Secretary reserves the right to act independently of DMLR to carry out
his responsibilities under laws other than SMORA. A copy of all
correspondence with the applicant that may have a bearing on decisions
regarding the PAP shall be sent to the State.
4. DMLR shall prepare the required technical analysis and written
findings on the PAP. If requested by the Federal land management
agency, a draft of these documents shall be sent to it for review and
comment.
5. Any permit including permit revisions, renewals, transfers, sales,
or assignments approved or issued by DMLR shall incorporate any terms or
conditions imposed by OSMRE or the Federal land management agency,
including conditions relating to post mining land use. After DMLR
reaches a decision on a PAP, it shall send a notice to the applicant,
the Federal land management agency, and OSMRE with a statement of all
findings and conclusions on which the decision is based.
A. DMLR Authority: DMLR shall be the point of contact and primary
inspection authority in dealing with the operator concerning operations
on lands covered by this Agreement, except as described in this
Agreement and the Secretary's regulations. DMLR must conduct
inspections on Federal lands covered by this agreement and shall, within
30 days of conducting an inspection on Federal lands, prepare and file
with OSMRE a legible copy of the State's completed inspection report.
Nothing in this Agreement shall prevent inspections by authorized
Federal or State agencies.
B. DOI Authority: The Secretary reserves the right to conduct
inspections without prior notice of DMLR to carry out his
responsibilities under SMORA. For the purposes of evaluating the manner
in which this Agreement is being carried out and to insure that
performance and reclamation standards are being met, OSMRE may
periodically conduct inspections of surface coal mining and reclamation
operations on Federal lands. OSMRE will attempt to give DMLR notice of
its intent to conduct inspections and encourage joint inspections.
However, pursuant to 30 CFR part 842 or 30 CFR part 877, OSMRE may
conduct an inspection without the State when responding to information
that there exists any condition, practice, or violation which creates an
imminent danger to the health or safety of the public or is causing or
could reasonably be expected to cause a significant, imminent
environmental harm to land, air, or water resources. If an inspection
is make without DMLR inspectors, OSMRE shall provide DMLR with a copy of
the inspection report within 15 days after inspection.
A. DMLR Enforcement: DMLR shall have primary enforcement authority
on Federal lands covered by this Agreement in accordance with the State
Program and this Agreement, and DMLR shall take appropriate enforcement
action whenever necessary, including issuance of orders of cessation and
notices of violation.
DMLR shall promptly notify the Federal land management agency of all
violations of applicable laws, regulations, orders, and approved permits
subject to this Agreement and of all actions taken with respect to such
violations.
B. Secretary's Authority: (1) This Agreement does not affect or
limit the Secretary's authority to enforce provisions of laws other than
the SMORA. (2) During an inspection made solely by OSMRE or any joint
inspection where DMLR and OSMRE fail to agree regarding the propriety of
any particular enforcement action, OSMRE may take any enforcement action
necessary to comply with 30 CFR parts 843 and 845 or with SMORA. Such
enforcement action shall be based on the substantive standards included
in the approved State Program and shall be taken using the procedures
and penalty system contained in 30 CFR parts 843 and 845. (3) Nothing
in this agreement shall preclude the Secretary from performing his
responsibilities in Save Our Cumberland Mountains v. Hodel, No.
81-2238 (D.D.C.).
C. Witness Availability: Personnel of the State and Interior shall
be mutually available to serve as witnesses in enforcement actions taken
by either party.
A. DMLR shall require all operators on Federal lands covered by this
Agreement to submit a performance bond, payable to both the United
States and Virginia. The performance bond shall be of sufficient amount
to comply with the bonding requirements of both SMORA and the State
Program. Such bond shall provide that if this Cooperative Agreement is
terminated, (1) the bond will revert to being payable only to the United
States to the extent that Federal lands are involved, and (2) the bond
will be delivered by DMLR to OSMRE if only Federal lands are covered by
the bond. The DMLR shall also advise OSMRE of adjustment to the
performance bond, pursuant to the Program.
B. Release of the performance bond shall be conditioned upon
compliance with all applicable requirements. Prior to releasing the
operator from any obligation under such bond, the DMLR shall obtain the
concurrence of the Federal land management agency. Such bond shall be
subject to forfeiture, with the concurrence of OSMRE, in accordance with
the procedures and requirements of the State Program
Orders and decisions issued by DMLR in accordance with the State
Program that are appealable shall be appealed to the Commonwealth of
Virginia in accordance with the State Program. Orders and decisions
issued by the Department that are appealable shall be appealed to the
Department of the Interior's Office of Hearings and Appeals.
This Agreement may be terminated by the Governor or the Secretary
under the provisions of 30 CFR 745.15.
If this Agreement has been terminated in whole or part, it may be
reinstated under the provisions of 30 CFR 745.16.
This Agreement may be amended by mutual agreement of the Governor and
the Secretary in accordance with 30 CFR 745.14.
A. Notification of Changes: The Secretary or the State may from time
to time promulgate new Federal or State regulations, including new or
revised permitting or performance standards, or administrative and
enforcement procedures. OSMRE and DMLR shall immediately inform each
other of any final changes in their respective laws or regulations as
provided in 30 CFR part 732. Each party shall, if it is determined to
be necessary to keep this Agreement in force, change or revise its
regulations and request necessary legislative action. Such changes
shall be made under the procedures of 30 CFR part 732 for changes to the
State Program and section 501 of the SMORA for changes to the Federal
lands program.
B. Copies of Changes: The State and OSMRE shall provide each other
with copies of any changes to their respective laws, rules, regulations,
and standards pertaining to the administration and enforcement of this
Agreement.
DMLR and the Secretary shall, consistent with 30 CFR part 745, advise
each other of changes in the organization, structure, functions, duties,
and funds of the offices, departments, divisions, and persons within
their organizations which could affect administration and enforcement of
this Agreement. Each shall promptly advise the other in writing of
changes in key personnel, including the head of department or division,
or changes in the functions or duties of persons occupying the principal
offices within the structure of the program. DMLR and OSMRE shall
advise each other in writing of changes in the location of offices,
addresses, telephone numbers, and changes in the names, location, and
telephone numbers of their respective mine inspectors and the area
within the State for which such inspectors are responsible. This
provision does not apply to Department of the Interior personnel
performing activities under Save Our Cumberland Mountains v. Hodel
referenced in Article VIII of this Agreement.
In accordance with 30 CFR 745.13, this Agreement shall not be
construed as waiving or preventing the assertion of any rights that have
not been expressly addressed in this Agreement that the State or the
Secretary may have under other laws or regulations, including but not
limited to those listed in Appendix A.
Approved:
Dated: March 18, 1987.
Signed:
Jerold L. Baliles,
Governor of Virginia.
Dated: January 29, 1987.
Signed:
Donald Paul Hodel,
Secretary of the Interior.
(Reporting and recordkeeping requirements approved by the Office of
Management and Budget under control numbers 1029-0013, 1029-0026, and
1029-0051)
1. The Federal Land Policy and Management Act, 43 U.S.C. 1701 et
seq., and implementing regulations.
2. The Mineral Leasing Act of 1920, 30 U.S.C. 181 et seq., and
implementing regulations including 43 CFR parts 3480-3487.
3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321 et
seq., and implementing regulations, including 40 CFR part 1500.
4. The Endangered Species Act, 16 U.S.C. 1531 et seq., and
implementing regulations, including 50 CFR part 402.
5. The National Historic Preservation Act of 1966, 16 U.S.C. 470 et
seq., and implementing regulations, including 36 CFR part 800.
6. The Clean Air Act, 42 U.S.C. 7401 et seq., and implementing
regulations.
7. The Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq.,
and implementing regulations.
8. The Resource Conservation and Recovery Act of 1976, 42 U.S.C.
6901 et seq., and implementing regulations.
9. The Reservoir Salvage Act of 1960, amended by the Preservation of
Historical and Archaeological Data Act of 1974, 16 U.S.C. 469 et seq.
10. Executive Order 1593 (May 13, 1971), Cultural Resources
Inventories on Federal Lands.
11. Executive Order 11988 (May 24, 1977), for flood plain protection.
Executive Order 11990 (May 24, 1977), for wetlands protection.
12. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351 et
seq., and implementing regulations.
13. The Archaeological Resources Protection Act of 1979, 16 U.S.C.
470aa et seq.
14. The Constitution of the United States.
15. The Constitution of the State and State Law.
(52 FR 11049, Apr. 7, 1987)
30 CFR 946.30 PART 947 -- WASHINGTON
Sec.
947.700 Washington Federal program.
947.701 General.
947.702 Exemption for coal extraction incidental to the extraction of
other minerals.
947.707 Exemption for coal extraction incident to government-financed
highway or other construction.
947.761 Areas designated unsuitable for surface coal mining by act of
Congress.
947.762 Criteria for designating areas as unsuitable for surface coal
mining operations.
947.764 Process for designating areas unsuitable for surface coal
mining operations.
947.772 Requirements for coal exploration.
947.773 Requirements for permits and permit processing.
947.774 Revision; renewal; and transfer, assignment, or sale of
permit rights.
947.775 Administrative and judicial review of decisions.
947.777 General content requirements for permit applications.
947.778 Permit applications -- minimum requirements for legal,
financial, compliance, and related information.
947.779 Surface mining permit applications -- minimum requirements
for information on environmental resources.
947.780 Surface mining permit applications -- minimum requirements
for reclamation and operation plan.
947.783 Underground mining permit applications -- minimum
requirements for information on environmental resources.
947.784 Underground mining permit applications -- minimum
requirements for reclamation and operation plan.
947.785 Requirements for permits for special categories of mining.
947.795 Small operator assistance.
947.800 Requirements for bonding of surface coal mining and
reclamation operations.
947.815 Performance standards -- coal exploration.
947.816 Performance standards -- Surface mining activities.
947.817 Performance standards -- underground mining activities.
947.819 Special performance standards -- auger mining.
947.822 Special performance standards -- operations on Alluvial
Valley Floors.
947.823 Special performance standards -- operations on prime
farmland.
947.824 Special performance standards -- mountaintop removal.
947.827 Special performance standards -- coal processing plants and
support facilities not located at or near the minesite or not within the
permit area for a mine.
947.828 Special performance standards -- in situ processing.
947.842 Federal inspections.
947.843 Federal enforcement.
947.845 Civil penalties.
947.846 Individual civil penalties.
947.955 Certification of blasters.
Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq. ; and Pub. L.
100-34.
Source: 48 FR 7883, Feb. 24, 1983, unless otherwise noted.
30 CFR 947.700 Washington Federal program.
(a) This part contains all rules that are applicable to surface coal
mining operations in Washington which have been adopted under the
Surface Mining Control and Reclamation Act of 1977.
(b) Most of the rules in this part cross-reference pertinent parts of
the permanent program regulations in this chapter. The full text of a
rule is in the permanent program rule cited under the relevant section
of the Washington Federal program.
(c) The rules in this part apply to all surface coal mining
operations in Washington conducted on non-Federal and non-Indian lands.
The rules in Subchapter D of this chapter apply to operations on Federal
lands in Washington.
(d) The information collection requirements contained in this part do
not require approval by the Office of Management and Budget under 44
U.S.C. 3507 because there are fewer than ten respondents annually.
(e) The following provisions of Washington laws generally provide for
more stringent environmental control and regulation of some aspects of
surface coal mining operations than do the provisions of the Surface
Mining Control and Reclamation Act and the regulations in this chapter.
Therefore, pursuant to section 505(b) of the Act, they shall not
generally be construed to be inconsistent with the Act, unless in a
particular instance the rules in this Chapter are found by OSM to
establish more stringent environmental controls:
(1) Washington Clean Air Act, RCW 70.94.
(2) Washington Food Fish and Shell Fish Laws pertaining to the
Department of Fisheries on operation in streams, RCW 75.
(3) Washington Hydraulic Projects Approval Law, RCW 75.20.100.
(4) Washington Forest Practices Act, RCW 76.09.
(5) Washington Water Code, RCW 90.03.
(6) Washington Water Pollution Control Act, RCW 90.48.
(7) Washington Minimum Water Flows and Levels Act, RCW 90.22.
(8) Washington Shoreline Management Act, RCW 90.58.
(9) Washington Pesticide Control Act, RCW 15.58.
(f) The following are the Washington law and regulations that
generally interfere with the achievement of the purposes and
requirements of the Act and are, in accordance with section 504(g) of
the Act, preempted and superseded. Other Washington laws may in an
individual situation interfere with the purposes and achievements of the
Act and may be preempted and superseded with respect to the performance
standards of 947.815 through 947.828 as they affect a particular coal
exploration or surface mining operation by publication of a notice to
that effect in the Federal Register.
(1) The Washington Surface Mining Act of 1971, Revised Code of
Washington (RCW) 78.44, as related to surface coal mining, except to the
extent that it regulates surface coal mining operations which affect two
acres or less or which otherwise are not regulated by the Surface Mining
Control and Reclamation Act.
(2) Surface Mined Land Reclamation regulations, Washington
Administrative Code (WAC) 332-18, as they apply to surface coal mining,
except to the extent that such regulations apply to surface coal mining
operations which affect two acres or less or which otherwise are not
regulated by the Surface Mining Control and Reclamation Act.
(g) The Secretary may grant a limited variance from the performance
standards of 947.815 through 947.828 of this part if the applicant for
coal exploration approval or a surface coal mining reclamation permit
submitted pursuant to 947.772 through 947.785 of this part
demonstrates in the application:
(1) That such a variance is necessary because of the nature of the
terrain, climate, biological, chemical, or other relevant physical
conditions in the area of the mine; and
(2) If applicable, that the proposed variance is no less effective
than the environmental protection requirements of the regulations in
this program and is consistent with the Act.
(48 FR 7883, Feb. 24, 1983, as amended at 52 FR 13815, Apr. 24, 1987)
30 CFR 947.701 General.
(a) Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15, and part
701 of this chapter shall apply to surface coal mining operations in
Washington.
(b) The following modified definitions shall be applicable under
701.5 of this chapter:
(1) Arid and semiarid area means, in the context of alluvial valley
floors, an area of the interior western United States, west of the 100th
meridian west longitude, experiencing water deficits, where water use by
native vegetation equals or exceeds that supplied by precipitation. All
coalfields located in North Dakota west of the 100th meridian west
longitude, all coalfields in Montana, Wyoming, Utah, Colorado, New
Mexico, Idaho, Nevada, and Arizona, the Eagle Pass field in Texas, and
the Stone Canyon and the Ione fields in California are in arid and
semiarid areas, except that all coalfields located in the State of
Washington west of the crest of the Cascade Mountain Range are not in
arid or semiarid areas.
(2) Forestry (Forest Land). Includes land used or managed for the
long-term production of wood, wood fiber, or wood derived products. All
land which is capable of supporting a merchantable stand of timber and
is not being actively used in a manner or for a use which is
incompatible with timber growing is also included. Land used for
facilities in support of forest harvest and management operations which
is adjacent to or an integral part of these operations is also included.
(c) Records required by 701.14 of this chapter to be made available
locally to the public shall be retained at the county recorder's office
of the county in which an operation is located, and at the nearest OSM
Field Office.
(48 FR 7883, Feb. 24, 1983, as amended at 48 FR 22292, May 18, 1983)
30 CFR 947.702 Exemption for coal extraction incidental to the
extraction of other minerals.
Part 702 of this chapter, Exemption for Coal Extraction Incidental to
the Extraction of Other Minerals, shall apply to any person who conducts
coal extraction incidental to the extraction of other minerals for
purposes of commercial use or sale.
(54 FR 52123, Dec. 20, 1989)
30 CFR 947.707 Exemption for coal extraction incident to
government-financed highway or other construction.
Part 707 of this chapter, Exemption for Coal Extraction Incident to
Government-Financed Highway or Other Construction, shall apply to
surface coal mining and reclamation operations.
30 CFR 947.761 Areas designated unsuitable for surface coal mining by
act of Congress.
Part 761 of this chapter, Areas Designated by Act of Congress, shall
apply to surface coal mining and reclamation operations.
30 CFR 947.762 Criteria for designating areas as unsuitable for surface
coal mining operations.
Part 762 of this chapter, Criteria for Designating Areas Unsuitable
for Surface Coal Mining Operations, shall apply to surface coal mining
and reclamation operations.
30 CFR 947.764 Process for designating areas unsuitable for surface
coal mining operations.
(a) Part 764 of this chapter, State Processes for Designating Areas
Unsuitable for Surface Coal Mining Operations, pertaining to
petitioning, initial processing, hearing requirements, decisions, data
base and inventory systems, public information, and regulatory
responsibilities shall apply to surface coal mining and reclamation
operations.
(b) The Secretary shall notify the Washington Department of Natural
Resources and the Department of Ecology of any area designated
unsuitable or for which such designation has been requested or
terminated.
30 CFR 947.772 Requirements for coal exploration.
(a) Part 772 of this chapter, Requirements for Coal Exploration,
shall apply to any person who conducts or seeks to conduct coal
exploration operations.
(b) The Office shall make every effort to act on an exploration
application within 60 days of receipt or such longer time as may be
reasonable under the circumstances. If additional time is needed, OSMRE
shall notify the applicant that the application is being reviewed, but
that more time is necessary to complete such review, setting forth the
reasons and the additional time that is needed.
(52 FR 13816, Apr. 24, 1987)
30 CFR 947.773 Requirements for permits and permit processing.
(a) Part 773 of this chapter, Requirements for Permits and Permit
Processing, shall apply to any person who applies for a permit for
surface coal mining and reclamation operations.
(b) In addition to the requirements of part 773, the following permit
application review procedures shall apply:
(1) Any person applying for a permit shall submit five copies of the
application to the Office.
(2) The Office shall review an application for administrative
completeness and acceptability for further review and shall notify the
applicant in writing of the findings. The Office may:
(i) Reject a flagrantly deficient application, notifying the
application of the findings:
(ii) Request additional information required for completeness stating
specifically what information must be supplied and negotiate the date by
which the information must be submitted; or
(iii) Judge the application administratively complete and acceptable
for further review.
(3) Should the applicant not submit the information as required by
947.773(b)(2)(ii) by the specified date, the Office may reject the
application. When the applicant submits the required information by the
specified date, the Office shall review it and advise the applicant
concerning its acceptability.
(4) When the applicant is judged administratively complete, the
applicant shall be advised by the Office to file the public notice
required by 773.13 of this chapter.
(5) A representative of the Office shall visit the proposed permit
area to determine whether the operation and reclamation plans are
consistent with actual site conditions. The applicant will be notified
in advance of the time of the visit. At the time of the visit, the
applicant shall have the locations of the proposed permit boundaries,
topsoil storage areas, sediment control structures, roads, and other
significant features contained in the application marked by flags.
(c) In addition to the information required by subchapter G of this
chapter, the Office may require an applicant to submit supplementary
information to ensure compliance with applicable Federal laws and
regulations other than the Act.
(d) The Secretary shall coordinate, to the extent practicable, his
responsibilities under the following Federal laws with the relevant
Washington State laws to avoid duplication:
(e) The Secretary shall coordinate the SMCRA permit with appropriate
State and regional or local agencies to the extent possible, to avoid
duplication with the following state and regional or local regulations:
(1) Department of Ecology:
Surface Water Rights Permit, RCW 90.03.250
Dam Safety Approval, RCW 90.03.350
Reservoir Permit, RCW 90.03.370
Approval of Change of Place or Purpose of Use (water) RCW 90.03.380
Ground Water Permit, RCW 90.44.050
New Source Construction Approval, RCW 79.94.152
Burning Permit, RCW 70.94.650
Flood Control Zone Permit, RCW 86.16.080
Waste Discharge Permit, RCW 90.48.180
National Pollution Discharge Elimination System (NPDES) Permit, RCW
90.48
Approval of Change of Point of Diversion, RCW 90.03.380
Sewage Facilities Approval, RCW 90.48.110
Water Quality Certification, RCW 90.48.160
(2) Department of Natural Resources:
Burning Permit, RCW 77.04.150 & .170
Dumping Permit, RCW 76.04.242
Operating Permit for Machinery, RCW 76.04.275
Cutting Permit, RCW 76.08.030
Forest Practices, RCW 76.09.060
Right of Way Clearing, RCW 76.04.310
Drilling Permit, RCW 78.52.120
(3) Regional Air Pollution Control Agencies:
New Source Construction Approval (RCW 70.94.152)
Burning Permit, RCW 70.94.650
(4) Department of Fisheries:
Hydraulic Permit, RCW 75.20
(5) Department of Game:
Hydraulic Permit, RCW 75.20.100
(6) Department of Social Health Services:
Public Sewage, WAC 248.92
Public Water Supply, WAC 248.54
(7) Department of Labor and Industries:
Explosive license, RCW 70.74.135
Blaster's license, WAC 296.52.040
Purchaser's license, WAC 296.52.220
Storage Magazine license, WAC 296.52.170
(8) Cities and Counties:
New Source Construction Approval. RCW 70.94.152
Burning Permit, RCW 79.94.650
Shoreline Substantial Development Permit, RCW 90.58.140
Zoning and Building Permits, Local Ordinances
(f) Where applicable, no person shall conduct coal exploration
operations which result in the removal of more than 250 tons in one
location or surface coal mining and reclamation operations without first
obtaining permits required by the State of Washington.
(g) The Secretary shall provide a copy of the decision to grant or
deny a permit application to the Washington Department of Natural
Resources, the Department of Ecology and to the County Department of
Planning, if any, in which the operation is located.
(52 FR 13816, Apr. 24, 1987)
30 CFR 947.774 Revision; renewal; and transfer, assignment, or sale
of permit rights.
(a) Part 774 of this chapter, Revision; Renewal; and Transfer,
Assignment, or Sale of Permit Rights, shall apply to any such actions
involving surface coal mining and reclamation operations permits.
(b) Any revision to the approved permit will be subject to review and
approval by OSMRE.
(1) Significant revisions shall be processed as if they are new
applications in accordance with the public notice and hearing provisions
of 773.13, 773.19(b) (1) and (2), and 778.21 and of part 775.
(2) OSMRE shall make every effort to approve or disapprove an
application for permit revision within 60 days of receipt or such longer
time as may be reasonable under the circumstances. If additional time
is needed, OSMRE shall notify the applicant that the application is
being reviewed, but that more time is necessary to complete such review,
setting forth the reasons and the additional time that is needed.
(c) In addition to the requirements of part 774 of this chapter, any
person having an interest which is or may be adversely affected by a
decision on the transfer, assignment, or sale of permit rights,
including an official of any Federal, State, or local government agency,
may submit written comments on the application to the Office within
thirty days of either the publication of the newspaper advertisement
required by 774.17(b)(2) of this chapter or receipt of an
administratively complete application, whichever is later.
(52 FR 13817, Apr. 24, 1987)
30 CFR 947.775 Administrative and judicial review of decisions.
Part 775 of this chapter, Administrative and Judicial Review of
Decisions, shall apply to all decisions on permits.
(52 FR 13817, Apr. 24, 1987)
30 CFR 947.777 General content requirements for permit applications.
Part 777 of this chapter, General Content Requirements for Permit
Applications, shall apply to any person who applies for a permit to
conduct surface coal mining and reclamation operations.
(52 FR 13817, Apr. 24, 1987)
30 CFR 947.778 Permit applications -- minimum requirements for legal,
financial, compliance, and related information.
Part 778 of this chapter, Permit Applications -- Minimum Requirements
for Legal, Financial, Compliance, and Related Information, shall apply
to any person who applies for a permit to conduct surface coal mining
and reclamation operations.
(52 FR 13817, Apr. 24, 1987)
30 CFR 947.779 Surface mining permit applications -- minimum
requirements for information on environmental resources.
Part 779 of this chapter, Surface Mining Permit Applications --
Minimum Requirements for Information on Environmental Resources, shall
apply to any person who makes application to conduct surface coal mining
and reclamation operations.
30 CFR 947.780 Surface mining permit application -- minimum
requirements for reclamation and operation plan.
(a) Part 780 of this chapter, Surface Mining Permit Application --
Minimum Requirements for Reclamation and Operation Plan, shall apply to
any person who makes application to conduct surface coal mining and
reclamation operations, except for 780.15(a) of that part.
(b) Any applicant for a surface coal mining permit which is to
produce more than 1,000,000 tons per year shall demonstrate compliance
with local Air Pollution Control Authorities and the Washington Clean
Air Act, RCW 70.94.
(c) Any applicant for a surface mining permit shall describe the
steps taken to comply with the Washington Water Pollution Control Act,
RCW 90.48.
(48 FR 7883, Feb. 24, 1983, as amended at 48 FR 22292, May 18, 1983)
30 CFR 947.783 Underground mining permit applications -- minimum
requirements for information on environmental resources.
Part 783 of this chapter, Underground Mining Permit Applications --
Minimum Requirements for Information on Environmental Resources, shall
apply to any person who submits an application to conduct underground
coal mining operations.
30 CFR 947.784 Underground mining permit applications -- minimum
requirements for reclamation and operation plan.
(a) Part 784 of this chapter, Underground Mining Permit Applications
-- Minimum Requirements for Reclamation and Operation Plan, shall apply
to any person who makes application to conduct underground coal mining
operations.
(b) Any application for an underground mining permit which will
produce more than 1,000,000 tons per year shall demonstrate specific
compliance with local Air Pollution Control Authorities and the
Washington Clean Air Act, RCW 70.94.
(c) Any applicant for an underground mining permit shall also
indicate how compliance will be achieved with the Washington Water
Pollution Control Act, RCW 90.48.
30 CFR 947.785 Requirements for permits for special categories of
mining.
Part 785 of this chapter, Requirements for Permits for Special
Categories of Mining, shall apply to each person who makes application
for a permit to conduct certain categories of surface coal mining and
reclamation operations as specified therein.
30 CFR 947.795 Small operator assistance.
Part 795 of this chapter, Small Operator Assistance, shall apply to
any person making application for assistance under the small operator
assistance program.
30 CFR 947.800 Requirements for bonding of surface coal mining and
reclamation operations.
Part 800 of this chapter, Requirements for Bonding of Surface Coal
Mining and Reclamation Operations Under Regulatory Programs, shall apply
to all surface coal mining and reclamation operations.
30 CFR 947.815 Performance standards -- coal exploration.
(a) Part 815 of this chapter, Permanent Program Performance Standards
-- Coal Exploration, shall apply to any person conducting coal
exploration operations.
(b) Any person who conducts coal exploration operations shall comply
with the Washington Forest Practices Act, RCW 76.09, and regulations
promulgated pursuant to it.
30 CFR 947.816 Performance standards -- surface mining activities.
(a) Part 816 of this chapter, Permanent Program Performance Standards
-- Surface Mining Activities, shall apply to any person who conducts
surface coal mining and reclamation operations.
(b) All operators shall have a plan of reclamation approved by the
Washington Department of Fisheries for operation in affected streams,
RCW 75, and shall comply with the Hydraulic Project Approval Law, RCW
75.20.100, the Shoreline Management Act, RCW 90.58, the Forest Practices
Act, RCW 76.09, the Water Pollution Control Act, RCW 90.48, the Minimum
Water Flows and Levels Act, RCW 90.22, and the Pesticide Control Act,
RCW 15.58, and regulations promulgated pursuant to these laws.
30 CFR 947.817 Performance standards -- underground mining activities.
(a) Part 817 of this chapter, Permanent Program Performance Standards
-- Underground Mining Activities, shall apply to any person who conducts
underground coal mining operations.
(b) All operators shall have a plan of reclamation approved by the
Washington Department of Fisheries for operation in affected streams,
RCW 75, and shall comply with the Hydraulic Project Approval Law, RCW
75.20.100, the Shoreline Management Act, RCW 90.58, the Forest Practices
Act, RCW, 76.09, the Water Pollution Control Act, RCW 90.48, the Minimum
Water Flows and Levels Act, RCW 90.22, the Pesticide Control Act, RCW
15.58, and the Washington Water Code, RCW 90.03, and regulations
promulgated pursuant to these laws.
30 CFR 947.819 Special performance standards -- auger mining.
Part 819 of this chapter, Special Permanent Program Performance
Standards -- Auger Mining, shall apply to any person who conducts
surface coal mining operations which include auger mining.
30 CFR 947.822 Special performance standards -- operations on alluvial
valley floors.
Part 822 of this chapter, Special Performance Standards -- Operations
on Alluvial Valley Floors, shall apply to any person who conducts
surface coal mining and reclamation operations on alluvial valley
floors, except in those coalfields in Washington west of the crest of
the Cascade Mountain Range.
(48 FR 22292, May 18, 1983)
30 CFR 947.823 Special performance standards -- operations on prime
farmland.
Part 823 of this chapter, Special Permanent Program Performance
Standards -- Operations on Prime Farmland, shall apply to any person who
conducts surface coal mining and reclamation operations on prime
farmland.
30 CFR 947.824 Special performance standards -- mountaintop removal.
Part 824 of this chapter, Special Permanent Program Performance
Standards -- Mountaintop Removal, shall apply to any person who conducts
surface coal mining operations constituting mountaintop removal mining.
30 CFR 947.827 Special performance standards -- coal processing plants
and support facilities not located at or near the minesite and not
within the permit area for a mine.
Part 827 of this chapter, Special Permanent Program Performance
Standards -- Coal Processing Plants and Support Facilities Not Located
at or Near the Minesite or Not Within the Permit Area for a Mine, shall
apply to any person who conducts surface coal mining and reclamation
operations which include the operation of coal processing plants and
support facilities not located at or near the minesite and not within
the permit area for a mine.
30 CFR 947.828 Special performance standards -- in situ processing.
Part 828 of this chapter, Special Permanent Program Performance
Standards -- In Situ Processing, shall apply to any person who conducts
in situ processing activities.
30 CFR 947.842 Federal inspections.
(a) Part 842 of this chapter, Federal Inspections, shall apply to all
exploration and surface coal mining and reclamation operations.
(b) Upon request OSM shall furnish a copy of any inspection report to
the Washington Department of Natural Resources and the Department of
Ecology. If there is a planning department in the county government
where the operation is located, a copy of the enforcement action shall
be furnished to that agency.
30 CFR 947.843 Federal enforcement.
(a) Part 843 of this chapter, Federal Enforcement, shall apply when
enforcement action is required for violations on surface coal mining and
reclamation operations.
(b) Upon request OSM shall furnish a copy of each enforcement action
document and order to show cause issued pursuant to this section to the
Washington Department of Natural Resources and the Department of
Ecology. If there is a planning department in the county government
where the operation is located, a copy of the enforcement action shall
be furnished to that agency.
30 CFR 947.845 Civil penalties.
Part 845 of this chapter, Civil Penalties, shall apply when civil
penalties are assessed for violations on surface coal mining and
reclamation operations.
30 CFR 947.846 Individual civil penalties.
Part 846 of this chapter, Individual Civil Penalties, shall apply to
the assessment of individual civil penalties under section 518(f) of the
Act.
(53 FR 3676, Feb. 8, 1988)
30 CFR 947.955 Certification of blasters.
Part 955 of this chapter, Certification of Blasters in Federal
Program States and on Indian Lands, shall apply to the training,
examination and certification of blasters for surface coal mining and
reclamation operations.
(51 FR 19462, May 29, 1986)
30 CFR 947.955 PART 948 -- WEST VIRGINIA
Sec.
948.1 Scope.
948.10 State regulatory program approval.e
948.12 State regulatory program and proposed program amendment
provisions disapproved.
948.13 State statutory and regulatory provisions set aside.
948.15 Approval of regulatory program amendments.
948.16 Required regulatory program amendments.
948.20 Approval of State abandoned mine land reclamation plan.
948.25 Approval of abandoned mine land reclamation plan amendments.
948.30 State-Federal cooperative agreement.
Authority: 30 U.S.C. 1201 et seq.
30 CFR 948.1 Scope.
This part contains all rules applicable only within West Virginia
that have been adopted under the Surface Mining Control and Reclamation
Act of 1977.
(46 FR 5954, Jan. 21, 1981)
30 CFR 948.10 State regulatory program approval.
The West Virginia State program, as submitted on March 3, 1980, as
clarified on July 16, 1980, and as resubmitted on December 19, 1980, is
conditionally approved, effective January 21, 1981. Beginning on that
date and continuing until July 11, 1985, the Department of Natural
Resources was deemed the regulatory authority in West Virginia for all
surface coal mining and reclamation operations and all exploration
operations on non-Federal and non-Indian lands. Beginning on July 11,
1985, the Department of Energy shall be deemed the regulatory authority,
pursuant to the program transfer provisions of the Enrolled Committee
Substitute for House Bill 1850 as signed by the Governor of West
Virginia on May 3, 1985.
Copies of the conditionally approved program, as amended, are
available at:
(a) Office of Surface Mining, Charleston Field Office, 603 Morris
Street, Charleston, West Virginia 25301. Telephone: (304) 347-7158.
(b) Office of Surface Mining, 1100 ''L'' Street NW., Room 5124,
Washington, D.C. 20240. Telephone: (202) 343-4855.
(c) West Virginia Department of Energy, Division of Mines and
Minerals, 1615 Washington Street, East Charleston, West Virginia 25305.
Telephone: (304) 348-3267.
(50 FR 28323, July 11, 1985)
30 CFR 948.12 State regulatory program and proposed program amendment
provisions disapproved.
(a) Section 22A-3-15(g) of the Code of West Virginia is found
inconsistent with section 521(a)(1) of SMCRA to the extent that it
states: ''Provided, That except for deliberate and willful acts, the
permittee, his authorized agent or employees, and the inspector whom
such person is accompanying, shall not be held civilly liable for any
injury to such person during the inspection trip.''
(b) (Reserved)
(c) Section 22A-3-3(w)(2) of the Code of West Virginia is found
inconsistent with Section 701(28) of SMCRA to the extent that it states:
''Provided, however, That permanent facilities not within the area
being mined and not directly involved in the excavation, loading,
storage, or processing of the coal shall not be subject to the
provisions of this article. Such facilities include, but are not
limited to, offices, garages, bathhouses, parking areas, and maintenance
and supply areas.''
(d) Section 22A-3-9a(a)(8) of the Code of West Virginia is found less
effective than 30 CFR 700.11(b) and the definition of ''affected area''
at 30 CFR 701.5 to the extent that the phrase ''exclusive of roadways
and temporary spoil placement'' could be interpreted as excluding such
areas when determining the size of the affected area.
(e) Section 22A-3-23(c)(3) of the Code of West Virginia is found
inconsistent with Section 519(c)(3) of SMCRA to the extent that it
states: ''Provided, however, That such a release may be made where the
quality of the untreated postmining water discharged is better than or
equal to the premining water quality discharged from the mining site.''
(f) Section 22A-3-12(e) of the Code of West Virginia is found
inconsistent with Section 515(e) of SMCRA.
(g) Section 22A-3-18(c) is found inconsistent with Section 510(c) of
SMCRA to the extent that it limits its applicability to surface-mining
operations ''located in the State of West Virginia'' and to patterns of
willful violations ''of this article.''
(h) Subsection 38-2-1.2(b) of West Virginia's surface mining
reclamation regulations, as submitted on April 28, 1989, and revised on
December 19, 1989, and February 7, 1990, is not approved to the extent
that it provides:
Such acknowledgement shall be deemed sufficient to make the
application complete for any new permit requirements contained in these
regulations and shall become a part of the permit.
(i) (Reserved)
(48 FR 52053, Nov. 16, 1983, as amended at 50 FR 28323 and 28342,
July 11, 1985; 55 FR 21337, May 23, 1990)
30 CFR 948.13 State statutory and regulatory provisions set aside.
(a) The following wording in section 22A-3-3(w)(2) of the Code of
West Virginia is inconsistent with section 701(28)(B) of the Surface
Mining Control and Reclamation Act of 1977 and is hereby set aside:
Provided, however, That permanent facilities not within the area
being mined and not directly involved in the excavation, loading,
storage, or processing of the coal shall not be subject to the
provisions of this article. Such facilities include, but are not
limited to, offices, garages, bathhouses, parking areas, and maintenance
and supply areas.
(b) Section 22A-3-9a(a)(8) of the Code of West Virginia is
inconsistent with section 528(2) of the Surface Mining Control and
Reclamation Act of 1977 and less effective than the definition of
''affected area'' at 30 CFR 701.5. This provision is hereby set aside to
the extent that it could be interpreted as excluding roadways and
temporary spoil placement sites from the area considered to be affected
for purposes of determining eligibility for the special regulatory
program governing operations two acres or smaller in size.
(c) The following wording in section 22A-3-23(c)(3) of the Code of
West Virginia is inconsistent with section 519(c)(3) of the Surface
Mining Control and Reclamation Act of 1977 and is hereby set aside:
Provided, however, That such a release may be made where the quality
of the untreated postmining water discharged is better than or equal to
the premining water quality discharged from the mining site.
(d) Section 22A-3-12(e) of the Code of West Virginia is inconsistent
with section 515(e) of the Surface Mining Control and Reclamation Act of
1977 and is hereby set aside in its entirety.
(e) The following wording in section 22A-3-15(g) of the Code of West
Virginia is inconsistent with section 521(a)(1) of the Surface Mining
Control and Reclamation Act of 1977 and is hereby set aside:
Provided, That except for deliberate and willful acts, the permittee,
his authorized agent or employees, and the inspector whom such person is
accompanying, shall not be held civilly liable for any injury to such
person during the inspection trip.
(f) The following italicized wording in section 22A-3-18(c) of the
Code of West Virginia is inconsistent with section 510(c) of the Surface
Mining Control and Reclamation Act of 1977 and is hereby set aside:
(c) Where information available to the department indicates that any
surface-mining operation located in the State of West Virginia, owned or
controlled by the applicant, is currently in violation of this article
or other environmental laws or regulations, the permit shall not be
issued until the applicant submits proof that such violation has been
corrected or is in the process of being corrected to the satisfaction of
the commissioner or the department or agency which has jurisdiction over
the violation, and no permit may be issued to any applicant after a
finding by the commissioner, after an opportunity for hearing, that the
applicant or the operator specified in the application controls or has
controlled mining operations with a demonstrated pattern of willful
violations of this article of such nature and duration with such
irreparable damage to the environment as to indicate an intent not to
comply with the provisions of this article: Provided, That if the
commissioner finds that the applicant is or has been affiliated with, or
managed or controlled by, or is or has been under the common control of,
other than as an employee, a person who has had a surface-mining permit
revoked or bond or other security forfeited for failure to reclaim lands
as required by the laws of this State, he shall not issue a permit to
the applicant: Provided, however, That subject to the discretion of the
commissioner and based upon a petition for reinstatement, permits may be
issued to any applicant if, after the revocation or forfeiture, the
operator whose permit has been revoked or bond forfeited shall have paid
into the special reclamation fund any additional sum of money determined
by the commissioner to be adequate to reclaim the disturbed area, and
the commissioner is satisfied that the petitioner will comply with this
article.
(50 FR 35084, Aug. 29, 1985)
30 CFR 948.15 Approval of regulatory program amendments.
(a) West Virginia's coal refuse disposal regulations, as submitted to
OSM on October 29, 1981, are approved effective May 11, 1982, subject to
the conditions set forth in 948.11. The revised regulations replace
Section 10 of West Virginia's surface mining reclamation regulations
contained in the State's conditionally approved program of January 21,
1981.
(b) The amendment to Section E.03 of the State's coal refuse disposal
regulations, which was submitted to OSM on June 17, 1982, is approved
effective September 10, 1982.
(c) The following amendments, as submitted to OSM on September 14,
1982, and October 29, 1982, are approved in part effective March 1,
1983: West Virginia's revised surface mining reclamation regulations
promulgated on October 28, 1982, and an actuarial study regarding West
Virginia's alternative bonding system.
(d) The following regulatory and statutory amendments submitted to
OSM on February 16, April 29, June 15 and September 13, 1983, which were
intended to satisfy the remaining conditions of approval on the West
Virginia program, are approved effective July 15, 1983, to coincide with
the date of expiration of the State's emergency regulations and are
subject to the conditions set forth in 948.11: West Virginia's revised
surface mining reclamation regulations as filed with the West Virginia
Secretary of State on February 3, 1983, and submitted on February 14,
1983, along with the notice that the Department of Natural Resources
Technical Handbook of Standards and Specifications for Mining Operations
will now serve as a technical guideline, rather than regulation;
amendments to the West Virginia Surface Coal Mining and Reclamation Act
as submitted on April 29, 1983; revisions to the West Virginia surface
mining reclamation regulations as submitted on June 13, 1983; and
further revisions to the State's surface mining reclamation regulations
dated July 15, 1983, and submitted on September 13, 1983, concerning
applicability, the inclusion of new bond release procedures for interim
program permits, the deletion of the incidental mining requirements at
Section 9 of its regulations and the correction of typographical and
punctuation errors in its regulations.
(e) The following amendment submitted to OSM on January 12, 1984, as
modified on June 18, 1984, is approved effective September 20, 1984:
West Virginia's blaster certification program, as contained in the
proposed West Virginia Administrative Regulations, Department of Mines,
Chapter 22-4 Series -------- , submitted to OSM on June 18, 1984, and
all other items as submitted by West Virginia on January 12, 1984, and
modified on June 18, 1984. This approval is contingent on promulgation
of the above referenced proposed regulations.
(f) The following amendment submitted to OSM on November 20, 1984, is
approved effective April 23, 1985: Amendments to West Virginia's
blaster certification program, as contained in the proposed West
Virginia Administrative Regulations, Department of Mines, Chapter 22-4
Series -------- , Section 6.01(B) and Section 9, submitted to OSM on
November 20, 1984. This approval is contingent upon the State's
promulgation of the proposed regulations in the identical form submitted
for OSM's review and approval.
(g) The following amendment, as submitted to OSM on May 20, 1985, and
clarified on April 24, May 10, May 20, and May 28, 1985, is approved,
with the exceptions listed in 30 CFR 948.12 (a), (c), (d), (e), (f), and
(g), effective July 11, 1985: The Enrolled Committee Substitute for
House Bill 1850, which revises the Code of West Virginia to provide for
creation of a Department of Energy and the transfer of program authority
from the Department of Natural Resources to the Department of Energy.
(h) The following amendments submitted to OSM on March 30, 1984,
October 30, 1984, and June 14, 1985, are approved effective August 27,
1984, subject to the remaining conditions set forth in 948.11: West
Virginia's revised surface mining reclamation and coal refuse disposal
regulations dated July 15, 1983, and July 22, 1981, respectively; the
permit addendum and Chapter 20, Revegetation, of the Technical Handbook
for Surface Mining; West Virginia's revised surface mining reclamation
and coal refuse disposal regulations dated August 27, 1984; the
addendum to a permit or significant revision to a permit; the coal
exploration approval document; the State's revised civil penalty
procedures, which include a Code of Violations for determining
assessable and non-assessable violations; and West Virginia's final
surface mining reclamation and coal refuse disposal regulations, which
were approved by the West Virginia Legislature on April 13, 1985, and
which took effect on June 13, 1985.
(i)(1) The financial analysis and supporting documentation submitted
by West Virginia on November 11, 1985 is approved as being adequate to
demonstrate that sufficient money will be available in the special
reclamation fund both to complete the approved reclamation plans for any
areas that may be in default at any time and to cover the general
administrative expense withdrawals proposed for fiscal year 1985-86.
This amendment also prohibits all withdrawals for noncoal administrative
expenses and limits all administrative expense withdrawals to an amount
which cumulatively does not exceed ten percent of the fund's current
assets as of September 30, 1985.
(2) Before making any withdrawals in subsequent fiscal years to cover
administrative expenses unrelated to bond forfeitures, West Virginia
must submit, for OSMRE concurrence, a comprehensive analysis
demonstrating that sufficient money will be available in the special
reclamation fund both to promptly complete the approved reclamation
plans for any areas that may be in default at any time and to cover the
administrative expense withdrawals proposed under section 22A-3-11(g) of
the Code of West Virginia.
(j) The Code of Violations, as revised and submitted to OSM on June
30, 1986, is approved effective May 23, 1990.
(k) With the exceptions identified herein and in section 948.12, the
following amendment to the West Virginia regulatory program as submitted
to OSM on April 26, 1989, and modified and resubmitted on December 19,
1989, and February 7, 1990, is approved effective May 23, 1990.
Replacement of all surface mining reclamation and coal refuse disposal
regulations (including interpretive regulations) in chapter 20, Article
6, Series VII and VII-A (1985) of the State's Legislative Rules and the
Permit Addendum with a new set of Legislative Rules at title 38, Series
2, entitled ''West Virginia Surface Mining Reclamation Regulations.''
The following provisions of the new regulations are not being approved:
(1) The definition of ''downslope'' at subsection 38-2-2.43 to the
extent that it references the lowest seam permitted to be mined rather
than the lowest seam actually being mined.
(2) The definition of ''embankment'' at Subsection 38-2-2.44 to the
extent that it requires that such a structure be ''of five feet or
greater in height as measured from the upstream toe'';
(3) Subsection 38-2-3.7(a) to the extent that it provides: ''Where
alternative designs will achieve equivalent stability and meet all
applicable requirements of the Act, these regulations and the terms and
conditions of the permit, the Commissioner may approve such alternative
design'';
(4) Subsection 38-2-3.14 to the extent that it applies to the removal
of abandoned coal mine refuse piles where the material being removed
meets the definition of coal (ASTM standard D 388-77);
(5) Subsection 38-2-3.28(c) to the extent that it provides:
''Provided that where such permits and approvals were granted prior to
the effective date of these regulations, such revision shall be required
only where compliance with these regulations are necessary to assure
adequate protection of the environment or public health and safety'';
(6) Subsection 38-2-5.4(a) to the extent that it could be interpreted
to allow sediment control structures and bench control systems to be
designed, constructed, located, maintained or used in accordance with
criteria which replace rather than supplement the standards set forth in
the approved program;
(7) Subsection 38-2-6.8(a) to the extent that it provides: ''For the
purposes of this section, drainage structures, haulroads and access
roads are not considered part of the permit area unless blasting is
necessary for construction'';
(8) Subsection 38-2-12.4(d)(2) to the extent that it provides that
use of Special Reclamation Fund monies to complete the reclamation plan
for bond forfeiture sites is discretionary;
(9) Subsection 14.5(h) to the extent that it allows the waiver of
water supply replacement rights for operations other than underground
mines;
(10) Paragraphs (e)(8), (f)(5) and (g)(6) of Subsection 38-2-14.14 to
the extent that they do not require the removal of subsurface organic
matter from the critical foundation areas of excess spoil disposal
structures prior to the placement of spoil on such areas; and
(11) Subsection 38-2-16.2(c)(2) to the extent that it provides that
an operator need repair or compensate individuals for material
structural damage caused by subsidence only ''to the extent required
under applicable provisions of State law.''
(l) The following amendments submitted to OSM on June 29, 1990, and
modified and resubmitted on December 17, 1990, are approved as set forth
in paragraph (l)(1) of this section effective October 4, 1991, with the
exceptions identified in paragraph (l)(2) of this section.
(1) Revisions of the following rules of the West Virginia Surface
Mining Reclamation Regulations:
(2) The following rules of the West Virginia Surface Mining
Reclamation Regulations are not being approved:
(m) The following amendment submitted to OSM on July 12, 1991, is
approved as set forth in paragraph (m)(1) effective November 19, 1991
with the exception of those provisions identified in paragraph (m)(2).
(1) Revisions of the following rules in the West Virginia Code of
State Regulations (CSR):
CSR 38-2-20.5: Civil Penalty Determinations (with the exception
noted in paragraph (m)(2) below).
CSR 38-2-20.6: Procedure for Assessing Civil Penalties (with the
exception noted in paragraph (m)(2) below).
CSR 38-2-20.7: Assessment Rates (with the exception noted in
paragraph (m)(2) below).
(2) Revisions to the following provisions of the West Virginia Code
of State Regulations are not being approved to the extent indicated:
CSR 38-2-20.5(b): Cessation Order Assessments -- to the extent that
it provides that imminent harm cessation orders shall have an initial
assessment in accordance with CSR 38-2-20.7.
CSR 38-2-20.6(d): Notice of Informal Assessment Conference -- to the
extent that public participation at assessment conference is restricted.
CSR 38-2-20.7(d): Operator's Good Faith -- to the extent that the
operator is awarded good faith where abatement is not achieved before
the time set for abatement.
(50 FR 28323, July 11, 1985, as amended at 50 FR 28342, July 11,
1985; 51 FR 9651, Mar. 20, 1986; 55 FR 21337, May 23, 1990; 56 FR
50269, Oct. 4, 1991; 56 FR 58311, Nov. 19, 1991)
30 CFR 948.16 Required regulatory program amendments.
Pursuant to 30 CFR 732.17, West Virginia is required to submit the
following proposed program amendments by the dates specified:
(a) By November 26, 1985, West Virginia must submit copies of
proposed regulations or otherwise propose to amend its program to
provide that all surface blasting operations (including those using less
than five pounds and those involving surface activities at underground
mining operations) shall be conducted under the direction of a certified
blaster.
(b) (Reserved)
(c) By April 15, 1987, West Virginia must submit copies of statutory
revisions to correct or otherwise eliminate certain errors in Chapter
22A of the Code of West Virginia as follows:
(1) Section 22A-1-1 must be revised to state that the Division of
Mines and Minerals is created under section 22-1-7, not 22-1-6.
(2) Section 22A-3-3(w)(1) must be revised to insert a semicolon
between ''reclamation'' and ''in situ'' and a comma between ''cleaning''
and ''concentrating''.
(3) Section 22A-3-9a must be revised throughout to replace
''director'' with ''commissioner'' to maintain consistency with the West
Virginia Energy Act as a whole and section 22-1-15 in particular.
(4) Section 22A-3-9a(a)(6) must be revised to state that the
reclamation plan requirements are contained in Section 10, not Section
11.
(5) Section 22A-3-9a(a)(7) must be revised to state that the
insurance requirements are contained in Section 9, not Section 10.
(6) Section 22A-3-9a(d) must be reworded to clarify its meaning.
(7) Section 22A-3-26(d) must be revised to state that the
requirements for operations two acres or smaller in size are contained
in Section 9a, not 10a.
(8) Section 22A-3-17(d)(3) must be recodified as a separate
subsection to clarify that appeal rights and procedures apply to all
notices, orders and decisions of the Commissioner, not just those
relating to civil penalty assessments.
(9) Section 22A-3-17(d)(4) must be recodified as a separate
subsection to clarify that temporary relief provisions apply to all
enforcement actions and orders, but not to civil penalty assessments.
(d) -- (e) (Reserved)
(f) By June 1, 1992, West Virginia shall submit proposed revisions to
subsection 38-2-2.66 of its surface mining reclamation regulations to
define ''impoundment or impounding structure'' in a manner that includes
water, sediment or slurry retention structures and depressions, either
naturally formed or artificially built at ground level without
embankments.
(g) -- (h) (Reserved)
(i) By April 30, 1991, West Virginia shall submit proposed revisions
to subsection 38-2-3.7(a) of its surface mining reclamation regulations
to remove the provision authorizing the approval of unspecified
alternative excess spoil disposal structure designs.
(j) By April 30, 1991, West Virginia shall submit proposed revisions
to subsection 38-2-3.28(c) of its surface mining reclamation regulations
to eliminate the provision limiting the Commissioner's authority to
require permit revisions.
(k) (Reserved)
(l) By April 30, 1991, West Virginia shall submit proposed revisions
to subsection 38-2-6.8(a) of its surface mining reclamation regulations
to eliminate the provisions excluding certain portions of the permit
area when determining the applicability of preblast survey notification
requirements.
(m) (Reserved)
(n) By June 1, 1992, West Virginia shall submit proposed revisions to
subsection 38-2-5.4 of its surface mining reclamation regulations
eliminating the terms ''on-bench sediment control system'', ''on-bench
sediment control structure'', and ''water retention structure'', or
shall modify the definition of sediment control structures at subsection
38-2-2.107 by including such terms in the definition, and shall specify
that all such terms, including impoundments as defined in 38-2-2.66, are
subject to the requirements of 38-2-5.4 and 38-2-5.5.
(o) -- (p) (Reserved)
(q) By April 30, 1991, West Virginia shall submit proposed revisions
to subsection 38-2-14.5(h) of its surface mining reclamation regulations
to provide that only persons affected by underground mining activities
may waive their water replacement rights.
(r) (Reserved)
(s) By April 30, 1991, West Virginia shall submit proposed revisions
to its surface mining reclamation regulations to require the submission
of a plan to effectively control air pollution attendant to erosion.
(t) By April 30, 1991, West Virginia shall submit proposed revisions
to subsection 38-2-3.6 of its surface mining reclamation regulations or
otherwise propose to amend its program to require that the permit
application identify each topsoil and noncoal waste storage area, each
explosive storage and handling facility, and the area of land to be
affected within the proposed permit area according to the sequence of
mining and reclamation.
(u) (Reserved)
(v) By April 30, 1991, West Virginia shall submit proposed revisions
to subsection 3.26 of its surface mining reclamation regulations to
require that applications for permit assignments be advertised pursuant
to subsection 38-2-3.25(a)(3), contain the ownership and control
information required by paragraphs 3.1 (a), (b), (c), (d), (i), (j) and
(k) of subsection 38-2-3.1, and that subcontractors who will function as
operators as that term is defined by the Federal regulations at 30 CFR
701.5 be subject to the eligibility requirements of paragraphs (c) and
(d) of subsection 3.32.
(w) By April 30, 1991, West Virginia shall submit subsection 3.28 of
its surface mining reclamation regulations or otherwise propose to amend
its program to require that each application for a permit revision be
reviewed by the Commissioner to determine whether a new or updated
probable hydrologic consequences determination or cumulative hydrologic
impact assessment is needed and to give the Commissioner the authority
to require reasonable revision of a permit at any time.
(x) By April 30, 1991, West Virginia shall submit proposed revisions
to subsection 38-2-3.30 of its surface mining reclamation regulations or
otherwise propose to amend its program to require that the Commissioner
make written findings no less effective than those set forth in 30 CFR
785.18(c)(9) before approving permits authorizing variances from
contemporaneous reclamation requirements.
(y) -- (z) (Reserved)
(aa) By April 30, 1991, West Virginia shall submit proposed revisions
to Subsection 38-2-5.2 of its surface mining reclamation regulations to
require that, before the Commissioner approves any mining within 100
feet of an intermittent or perennial stream, he make a finding that such
activities will not cause or contribute to the violation of applicable
State or Federal water quality standards.
(bb) (Reserved)
(cc) By April 30, 1991, West Virginia shall submit proposed revisions
to Subsection 38-2-6.5 of its surface mining reclamation regulations or
otherwise propose to amend its program to establish, or require that the
permit establish, maximum ground vibration limits for all structures,
not just those defined in the State rule as protected structures.
(dd) By April 30, 1991, West Virginia shall submit proposed revisions
to Subsection 38-2-9.3 of its surface mining reclamation regulations or
otherwise propose to amend its program to establish productivity success
standards for grazing land, pasture land and cropland; require use of
the 90 percent statistical confidence interval with a one-sided test
using a 0.10 alpha error in data analysis and in the design of sampling
techniques; and require that revegetation success be judged on the
basis of the vegetation's effectiveness for the postmining land use and
in meeting the general revegetation and reclamation plan requirements of
Subsections 9.1 and 9.2. Furthermore, by that date, West Virginia shall
submit for OSM approval its selected productivity and revegetation
sampling techniques to be used when evaluating the success of ground
cover, stocking or production as required by 30 CFR 816.116 and 817.116.
(ee) By April 30, 1991, West Virginia shall submit documentation that
the U.S. Soil Conservation Service (SCS) has been consulted with respect
to the nature and extent of the prime farmland reconnaissance inspection
required under Subsection 38-2-10.1 of the State's surface mining
reclamation regulations. In addition, the State shall either delete
paragraphs (a)(2) and (a)(3) of Subsection 38-2-10.2 or submit
documentation that the SCS State Conservationist concurs with the
negative determination criteria set forth in these paragraphs.
(ff) -- (gg) (Reserved)
(hh) By April 30, 1991, West Virginia shall submit proposed revisions
to Subsection 38-2-14.8(a)(4) of its surface mining reclamation
regulations to prohibit placement of woody materials in the backfilled
area unless the Commissioner first determines that the proposed method
for placing woody material within the backfill will not cause future
stability problems.
(ii) By April 30, 1991, West Virginia shall submit proposed revisions
to Subsection 14.12(a)(6)(B) of its surface mining reclamation
regulations to specify that, with respect to variances from approximate
original contour restoration requirements, the watershed will be deemed
improved only if changes in seasonal flow volumes from the proposed
permit area will not adversely affect surface water ecology or any
existing or planned use of surface or ground waters.
(jj) By April 30, 1991, West Virginia shall submit proposed revisions
to Subsection 38-2-14.14(e)(2) of its surface mining reclamation
regulations to require that the entire fill, not just its foundation, be
designed to attain a minimum long-term static safety factor of 1.5.
(kk) By June 1, 1992, West Virginia shall submit proposed revisions
to subsection 38-2-17.3(b)(4) of its surface mining reclamation
revelations to require that all coal produced by operations owned by
persons who directly or indirectly control the applicant by reason of
direction of the management be attributed to the applicant.
(ll) (Reserved)
(mm) By April 30, 1991, West Virginia shall submit proposed revisions
to Subsection 38-2-22.4(h)(2) of its surface mining reclamation
regulations to authorize the use of a single open-channel spillway only
when it is of nonerodible construction and designed to carry sustained
flows or is earth- or grass-lined and designed to carry short-term
infrequent flows at nonerosive velocities where sustained flows are not
expected.
(nn) By June 1, l992, West Virginia shall submit proposed revisions
to subsection 38-2-2.94 of its surface mining reclamation regulations to
revise the definition of ''prospecting'' by either defining prospecting
to include the gathering of environmental data or eliminating the
reference to the gathering of environmental data which may cause ''any
appreciable effect on the land.''
(oo) By June 1, 1992, West Virginia shall submit proposed revisions
to subsection 38-2-5.4(b)(8) of its surface mining reclamation
regulations to require that excavated sediment control structures which
are at ground level and which have an open exit channel constructed of
non-erodible material be designed to pass the peak discharge of a
25-year, 24-hour precipitation event.
(pp) By June 1, 1992, West Virginia shall submit proposed revisions
to subsection 38-2-5.4(b)(12) of its surface mining reclamation
regulations to require that foundation investigations, as well as any
necessary laboratory testing of foundation material, shall be performed
to determine the design requirements for foundation stability for
impoundments meeting the size or other criteria of 30 CFR 77.216(a).
(qq) By June 1, 1992, West Virginia shall submit proposed revisions
to subsection 38-2-5.4(c) of its surface mining reclamation regulations
in order to make the requirements of that subsection applicable to all
impoundments, including slurry impoundments that may be constructed to
facilitate surface coal mining and reclamation activities.
(rr) By June 1, 1992, West Virginia shall submit proposed revisions
to subsection 38-2-5.4(c)(3) of its surface mining reclamation
regulations to require that, if necessary, cutoff trenches must be
installed during embankment construction to ensure stability.
(ss) By June 1, 1992, West Virginia shall submit proposed revisions
to subsection 38-2-5.4(c)(4) of its surface mining reclamation
regulations to require prompt notification of the State if any
examination or inspection of an impoundment discloses that a hazard
exists.
(tt) By June 1, 1992, West Virginia shall submit proposed revisions
to subsections 38-2-5.4(b)(1) and 5.4(d)(1) to require that all
structures be certified as having been built in accordance with the
detailed designs submitted and approved pursuant to subsection
3.6(h)(4), and to require that as-built plans be reviewed and approved
by the regulatory authority as permit revisions.
(uu) By June 1, 1992, West Virginia shall submit proposed revisions
to subsection 38-2-5.4(e)(1) of its surface mining reclamation
regulations to require that the professional engineer, licensed land
surveyor, or other specialist involved in the inspection of
impoundments, be experienced in the construction of impoundments.
(vv) By June 1, 1992, West Virginia shall submit proposed revisions
to subsection 38-2-5.5 of its surface mining reclamation regulations to
require that the retention of permanent impoundments after mining be
approved during the permitting process. In addition, the State shall
submit revisions to subsection 38-2-5.5(c) to provide that provisions
for sound future maintenance of a permanent impoundment be made by the
operator in those cases where the landowner's liability is somehow
limited under State law.
(ww) By June 1, 1992, West Virginia shall submit proposed revisions
to subsection 38-2-12.4(d)(2) of its surface mining reclamation
regulations to require that bond forfeiture sites be reclaimed in
accordance with the approved reclamation plan.
(xx) By June 1, 1992, West Virginia shall submit proposed revisions
to subsection 38-2-14.8(a)(2)(C) of its surface mining reclamation
regulations to specify design requirements for constructed outcrop
barriers that will be the equivalent of natural barriers and will assure
the safe transportation of excess spoil, the protection of water
quality, and insure the long-term stability of the backfill.
(yy) By June 1, 1992, West Virginia shall submit proposed revisions
of subsection 38-2-14.8(a)(2)(F) of its surface mining reclamation
regulations to prohibit placement of spoil on natural intervening
slopes.
(zz) By June 1, 1992, West Virginia shall submit proposed revisions
of subsection 38-2-14.8(a)(2)(G) of its surface mining reclamation
regulations to require that transported spoil used to backfill active
mining benches must be handled or rehandled as necessary to ensure
compliance with subsection 38-2-14.15, except as specifically modified
by subsection 38-2-14.8(a)(5).
(aaa) By June 1, 1992, West Virginia shall submit proposed revisions
to subsection 38-2-22.2 of its surface mining reclamation regulations to
require that impounding coal refuse disposal facilities attain a minimum
static safety factor of 1.5 and a seismic safety factor of 1.2.
(bbb) By June 1, l992, West Virginia shall submit proposed revisions
of subsection 38-2-22.3(p) of its surface mining reclamation regulations
to provide that the grade of the outslope between terrace benches can
not exceed 2h:1v.
(ccc) By June 1, 1992, West Virginia shall submit proposed revisions
to its surface mining reclamation regulations to provide that the
detailed design plans for an impoundment which meets the size criteria
of 30 CFR 77.216(a) include a stability analysis which shall include,
but not be limited to, strength parameters, pore pressures, and
long-term seepage conditions. The State must also require that the
design plan contain a description of each engineering design assumption
and calculation.
(ddd) By June 1, 1992, West Virginia shall submit proposed revisions
to CSR 38-2-20.5(b) to provide initial and mandatory civil penalty
assessment procedures for imminent harm cessation orders that are
consistent with Federal requirements. Also, if West Virginia wishes to
use the civil penalty assessment formula at CSR 38-2-20.7 for cessation
orders, it must submit a legal opinion concluding that it has the
authority to do so under State law.
(eee) By June 1, 1992, West Virginia shall submit proposed revisions
to CSR 38-2-20.5(b) to allow the Commissioner to initiate action
pursuant to West Virginia Code 22A-3-17(e) if a cessation order is not
abated or modified within thirty days.
(fff) By June 1, 1992, West Virginia shall submit proposed revisions
to CSR 38-2-20.5(b) to require that civil penalty assessments begin to
accumulate on the date of issuance of the cessation order and continue
until the violation cited in the cessation order has been abated.
(ggg) By June 1, 1992, West Virginia shall submit proposed revisions
to CSR 38-2-20.6(d) to remove any restrictions on public participation
at assessment conferences.
(hhh) By June 1, 1992, West Virginia shall submit proposed revisions
to CSR 38-2-20.7 to specify that the monetary denomination which will be
associated with the number generated by the assessment formula
prescribed in CSR 38-2-20.7 will be in dollars.
(iii) By June 1, 1992, West Virginia shall submit proposed revisions
to CSR 38-2-20.7(d) to insure that the operator is awarded good faith
only where abatement is achieved before the time set for abatement.
(50 FR 28324, July 11, 1985 and 50 FR 38652, Sept. 24, 1985, as
amended at 51 FR 9651, Mar. 20, 1986; 51 FR 40796, Nov. 10, 1986; 55
FR 21338, May 23, 1990; 56 FR 50269, Oct. 4, 1991; 56 FR 58311, Nov.
19, 1991)
30 CFR 948.20 Approval of State abandoned mine land reclamation plan.
The West Virginia Abandoned Mine Reclamation Plan as submitted on
October 29, 1980, and as amended December 12, 1980, is approved
effective February 23, 1981. Copies of the approved plan are available
at the following locations:
(a) West Virginia Department of Energy, Division of Mines and
Minerals, 1615 Washington Street, East, Charleston, West Virginia 25305.
Telephone (304) 348-3267.
(b) Office of Surface Mining, Charleston Field Office, 603 Morris
Street, Charleston, West Virginia 25301. Telephone: (304) 347-7158.
(c) Office of Surface Mining, 1100 L Street, NW., Room 5124,
Washington, D.C. 20240. Telephone: (202) 343-4855.
(50 FR 28324, July 11, 1985)
30 CFR 948.25 Approval of abandoned mine land reclamation plan
amendments.
(a) The following amendment as submitted to OSM on May 20, 1985, and
clarified on April 24, May 10, and May 20 and May 28, 1985, is approved:
The Enrolled Committee Substitute for House Bill 1850, which revised
the Code of West Virginia to provide for the creation of a Department of
Energy and the transfer of program authority from the Department of
Natural Resources to the Department of Energy.
(b) The West Virginia amendment, consisting of modifications to
reflect changes that have occurred in the State government and agency
structure, public participation procedures, and assumption of
responsibility for administering an emergency reclamation program, as
submitted on December 30, 1987, and modified on June 27, 1988, is
approved effective August 26, 1988.
(50 FR 28324, July 11, 1985, as amended at 53 FR 32619, Aug. 26,
1988)
30 CFR 948.30 State-Federal Cooperative Agreement.
30 CFR 948.30 Cooperative Agreement
This is a Cooperative Agreement (Agreement) between the State of West
Virginia (State) acting by and through the Governor, and the United
States Department of the Interior (Department), acting by and through
the Secretary of the Interior (Secretary).
Administrative Agency
A. Authority: This Agreement is authorized by section 523(c) of the
Surface Mining Control and Reclamation Act (the Federal Act), 30 U.S.C.
1273(c), which allows a State with a permanent regulatory program
approved under 30 U.S.C. 1253 to elect to enter into an Agreement for
the regulation and control of surface coal mining and reclamation
operations on Federal lands within that State. This Agreement provides
for such regulation within West Virginia except on lands containing
leased Federal coal consistent with the State and Federal Acts, the West
Virginia State Program (State program), and the Federal Lands Program
(section 523(a) of the Federal Act and 30 CFR parts 740-745).
B. Purpose: The purpose of the Agreement is to: (1) Foster
State-Federal cooperation in the regulation of surface coal mining and
reclamation operations on Federal lands; (2) eliminate unnecessary
intergovernmental overlap and duplication; and (3) provide uniform and
effective application of the State program on all lands except those
containing leased Federal coal in West Virginia.
C. Responsible Administrative Agencies: The Department of Natural
Resources, Reclamation Division (DNR) is responsible for administering
this Agreement on behalf of the Governor on Federal lands throughout the
State. The Office of Surface Mining Reclamation and Enforcement (OSM)
is responsible for administering this Agreement on behalf of the
Secretary, in accordance with the regulations in 30 CFR Chapter VII.
The Federal lands in West Virginia covered by this Agreement are
predominantly those under the jurisdiction of the United States
Department of Agriculture, Forest Service. It is understood by all
parties that the Forest Service or the Federal land management agency,
if other than the Forest Service, will continue to govern mining
operations on Federal lands covered by this agreement pursuant to laws,
regulations, agreements, and restrictions for which the respective
agency is responsible. These requirements are in addition to the
requirements discussed in this Agreement.
After it has been signed by the Governor and the Secretary, the
Agreement shall take effect upon publication in the Federal Register as
a final rule. This Agreement shall remain in effect until terminated as
provided in Article X.
Terms and phrases used in this Agreement which are defined in 30 CFR
parts 700, 701 and 740, and the State program shall be given the
meanings set forth in said definitions.
A. Applicability to Federal Lands: In accordance with the Federal
Lands Program in 30 CFR part 740, the laws, rules, terms, and conditions
of the State program (as conditionally approved effective January 21,
1981, 30 CFR part 948, or as hereinafter amended in accordance with 30
CFR 732.17) are applicable to Federal lands within West Virginia. This
Agreement does not apply to operations on Federal lands containing
leased Federal coal.
B. Filing of Appeals: Orders and decisions issued by DNR in
accordance with the State program that are appealable shall be appealed
to the State of West Virginia's Reclamation Board of Review. Orders and
decisions issued by the Department that are appealable shall be appealed
to the Department of the Interior's Office of Hearings and Appeals.
The Governor and the Secretary affirm that they will comply with all
of the provisions of this Agreement and will continue to meet all the
conditions and requirements specified in this Article.
A. Authority of State Agency: DNR has and shall continue to have
authority under State law to carry out this Agreement.
B. Funds: Upon application by the DNR and subject to the
availability of appropriations, the Department shall provide the State
with the funds to defray the costs associated with carrying out
responsibilities under this Agreement as provided in section 705(c) of
the Act and 30 CFR 735.16. If sufficient funds have not been
appropriated to OSM, OSM and DNR shall promptly meet to decide on
measures that will insure that mining operations are regulated in
accordance with the State program. If agreement cannot be reached, then
either party may terminate the Agreement in accordance with Article X.
Funds provided to the State shall be adjusted in accordance with
Office of Management and Budget Circular A-102, Attachment E, and shall
be reduced by the amount of fees collected by the State that are
attributable to the Federal lands covered by this Agreement.
C. Reports and Records: DNR shall make annual reports to OSM
pursuant to 30 CFR 745.12(d), containing information respecting its
compliance with the terms of this Agreement. Upon request, DNR and OSM
shall exchange information developed under this Agreement except where
prohibited by Federal law. OSM shall provide DNR with a copy of any
final evaluation report concerning State administration and enforcement
of this Agreement.
D. Personnel: DNR shall provide the necessary personnel to fully
implement this Agreement in accordance with the provisions of the
Federal and State Acts and the State program.
E. Equipment and Laboratories: DNR shall assure itself access to
equipment, laboratories, and facilities with which all inspections,
investigations, studies, tests, and analyses can be performed and which
are necessary to carry out the requirements of this Agreement.
F. Permit Application Fees: The amount of the fee accompanying an
application for a permit shall be determined in accordance with Section
20-6-9(f) of the Code of West Virginia (1931), as amended. All permit
and civil penalty fees collected from operations on Federal lands shall
be retained by the State and deposited with the State Treasurer. The
financial status report submitted pursuant to 30 CFR 735.26 shall
include a report of the amount of permit application fees collected and
attributable to Federal lands during the prior Federal fiscal year.
This amount shall be disposed of in accordance with Federal regulations,
and OMB Circular No. A-102, Attachment E.
A. Contents of Permit Application Package: DNR and the Secretary
shall require an operator proposing to conduct surface coal mining and
reclamation operations on Federal lands covered by this Agreement to
submit a permit application package in an appropriate number of copies
to DNR. DNR will furnish OSM a copy if OSM so requests. The permit
application package shall be in the form required by DNR and include any
supplemental information required by OSM or the Federal land management
agency. The permit application package shall include the information
required by, or necessary for, DNR to make a determination of compliance
under 30 CFR 740.4(c)(2) with any conditions or special requirements
imposed by the Federal land management agency and with the requirements
of the State program, including:
1. W. Va. Code, Section 20-6-1 et seq., as amended;
2. Applicable regulations of the West Virginia Surface Mining
Reclamation Regulations, 20-6-Series VIII (1981);
3. Requirements of the West Virginia DNR Reclamation Division
''Technical Handbook of Standards and Specifications for Mining
Operations (1981).''
B. Review Procedures: 1. DNR shall assume primary responsibility for
the analysis, review, and approval or disapproval of permit application
packages required by 30 CFR 740.13 for surface coal mining and
reclamation operations on Federal lands in West Virginia except those
containing leased Federal coal. DNR shall be the primary point of
contact for operators regarding decisions on the permit application
package and will be responsible for informing the applicant of all joint
State-Federal or Federal determinations.
2. Upon receipt of a permit application package that involves surface
coal mining and reclamation operations on Federal lands covered by this
agreement, DNR shall (1) transmit a copy of the complete permit
application package to the Federal land management agency with a request
for review pursuant to 30 CFR 740.13(b)(4), and (2) provide OSM with
relevant information to allow OSM to determine whether or not the
proposed surface coal mining and reclamation operation is prohibited or
limited by the requirements of section 522(e) of the Federal Act (30
U.S.C. 1272(e)) and 30 CFR parts 760-762 with respect to Federal areas
designated by Congress as unsuitable for mining. DNR shall be
responsible for obtaining, in a timely manner, the views and
determinations of any other Federal agencies with jurisdiction or
responsibility over Federal lands affected by a permit application
package in West Virginia.
3. OSM will provide technical assistance to DNR when requested if
available resources allow and will process requests for determinations
of compatibility and valid existing rights under 30 CFR part 761
relating to Federal areas designated by Congress as unsuitable for
mining. OSM will be responsible for ensuring that any information OSM
receives from an applicant is promptly sent to DNR. OSM shall have
access to DNR files concerning mines on Federal lands. The Secretary
reserves the right to act independently of DNR to carry out his
responsibilities under laws other than the Federal Act. A copy of all
resulting correspondence with the applicant that may have a bearing on
decisions regarding the permit application package shall be sent to the
State.
4. DNR shall prepare the required technical analysis and written
findings on the permit application package. If requested by the Federal
land management agency, a draft of these documents shall be sent to it
for review and comment.
5. The permit issued by DNR shall incorporate any terms or conditions
imposed by the Federal land management agency, including conditions
relating to post-mining land use, and shall condition the initiation of
surface coal mining operations on compliance with the requirements of
the Federal land management agency. After DNR issues the decision on
the permit application package, it shall send a notice to the applicant,
the Federal land management agency, and OSM with a statement of findings
and conclusions in support of the action.
DNR shall conduct inspections on Federal lands covered by this
agreement and prepare and file inspection reports in accordance with the
approved Program
A. Inspection Reports: DNR shall, within 15 days of conducting any
inspection on Federal lands, file with OSM an inspection report
describing (1) the general conditions of the lands under the permit;
(2) whether the operator is complying with applicable performance and
reclamation requirements; and (3) the manner in which specific
operations are being conducted.
B. DNR Authority: DNR shall be the point of contact and primary
inspection authority in dealing with the operator concerning operations
and compliance with the requirements covered by this Agreement, except
as described in this Agreement and the Secretary's regulations. Nothing
in this Agreement shall prevent inspections by authorized Federal or
State agencies for purposes other than those covered by this Agreement.
C. OSM Authority: OSM may conduct inspections of surface coal mining
and reclamation operations on Federal lands for the purpose of
evaluating the manner in which this Agreement is being carried out and
to insure that performance and reclamation standards are being met. In
order to facilitate a joint Federal-State inspection, OSM will
ordinarily give DNR notice of its intent to conduct an inspection. When
OSM is responsing to a citizen complaint of an imminent danger to the
health or safety of the public or a significant, imminent environmental
harm pursuant to 30 CFR 842.11(b)(1)(i), it will contact DNR if
circumstances and time allow, prior to the Federal inspection. OSM may
conduct any inspections necessary to comply with 30 CFR part 842. If an
inspection is made without DNR inspectors, OSM shall provide DNR with a
copy of the inspection report within 15 days after inspection. The
Secretary reserves the right to conduct inspections without prior notice
to DNR to carry out his responsibilities under the Act.
D. Witness Availability: Personnel of the State and of the
Department of the Interior shall be mutually available to serve as
witnesses in enforcement actions taken by either party.
A. DNR Inforcement: DNR shall have primary enforcement authority on
Federal lands covered by this agreement in accordance with the State
program and this Agreement. During any joint inspection by OSM and DNR,
DNR shall take appropriate enforcement action, including issuance of
orders of cessation and notices of violation.
B. Notification: DNR shall promptly notify the Federal land
management agency of all violations of applicable laws, regulations,
orders, and approved permits subject to this Agreement and of all
actions taken with respect to such violations.
C. Secretary's Authority: (1) This Agreement does not affect or
limit the Secretary's authority to enforce provisions of laws other than
the Act. (2) During an inspection made solely by OSM or any joint
inspection where DNR and OSM fail to agree regarding the propriety of
any particular enforcement action, OSM may take any enforcement action
necessary to comply with 30 CFR parts 843 and 845. Such enforcement
action shall be based on the Act or the substantive requirements of the
State program and shall be taken using the procedures and penalty system
contained in 30 CFR parts 843 and 845.
A. Performance Bond: DNR shall require all operators on Federal
lands to submit a performance bond to cover the operator's
responsibilities under the Federal Act and the State program, payable to
both the United States and West Virginia. The performance bond shall be
of sufficient amount to comply with the requirements of both State and
Federal law, and release of the performance bond shall be conditioned
upon compliance with all applicable requirements. DNR may release the
operator from any obligation under the performance bond with the
concurrence of the Federal land management agency. If this Agreement is
terminated: (1) The bond will revert to being payable only to the
United States to the extent that Federal lands are involved, and (2) the
bond will be delivered by DNR to OSM if only Federal lands are covered
by the bond.
B. Forfeiture: In the event of forfeiture by an operator of the
performance bond for surface coal mining and reclamation operations on
Federal lands covered by this agreement, the State shall use funds
received from bond forfeiture and, where necessary, funds from the West
Virginia Special Reclamation Fund (pursuant to Section 20-6-12(h) of the
West Virginia Surface Coal Mining and Reclamation Act) to ensure that
reclamation is accomplished in accordance with the State program and the
approved permit.
This Agreement may be terminated by the Governor or the Secretary
under the provisions of 30 CFR 745.15.
If this Agreement has been terminated in whole or in part, it may be
reinstated under the provisions of 30 CFR 745.16.
This Agreement may be amended by mutual agreement of the Governor and
the Secretary in accordance with 30 CFR 745.14.
A. Time for Changes: The Secretary or the State may from time to
time promulgate new Federal or State regulations, including new or
revised performance or reclamation requirements or enforcement or
administration procedures. OSM and DNR shall immediately inform each
other of any final changes and of any effect such changes may have on
the cooperative agreement. If it is determined to be necessary to keep
this Agreement in force, DNR shall request necessary State legislative
action and each party shall change or revise its regulations or
promulgate new regulations, as applicable. Such changes shall be made
under the procedures of 30 CFR Part 732 for changes to the approved
State program and sections 501 and 523 of the Federal Act for changes to
the Federal lands program.
B. Copies of Changes: The State and OSM shall provide each other
with copies of any changes to their respective laws, rules, regulations,
and standards pertaining to the enforcement and administration of this
Agreement.
DNR and the Secretary shall, consistent with 30 CFR Part 745, advise
each other of changes in the organization, structure, functions, duties,
and funds of the offices, departments, divisions, and persons within
their organizations which could affect administration and enforcement of
this Agreement. Each shall promptly advise the other in writing of
changes in key personnel, including the head of a department or
division, or changes in the functions or duties of persons occupying the
principal offices within the structure of the program. DNR and OSM
shall advise each other in writing of changes in the location of
offices, addresses, telephone numbers, and changes in the names,
location and telephone numbers of their respective mine inspectors and
the area within the State for which such inspectors are responsible.
In accordance with 30 CFR 745.13, this Agreement shall not be
construed as waiving or preventing the assertion of any rights that have
not been expressly addressed in this Agreement that the State or the
Secretary may have under other laws or regulations.
(Pub. L. 95-87 (30 U.S.C. 1201 et seq.))
Dated: February 16, 1984.
William Clark,
Secretary of the Interior.
Dated: February 24, 1984.
John D. Rockefeller IV,
Governor of West Virginia.
(49 FR 8917, Mar. 9, 1984)
30 CFR 948.30 PART 950 -- WYOMING
Sec.
950.1 Scope.
950.10 State regulatory program approval.
950.11 Terms and conditions of State program approval.
950.12 State program provisions and amendments disapproved.
950.15 Approval of regulatory program amendments.
950.16 Required program amendments.
950.20 State-Federal Cooperative Agreement.
950.30 Approval of Wyoming abandoned mine reclamation plan.
950.35 Approval of abandoned mine land reclamation plan amendments.
Authority: Pub. L. 95-87, Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1201 et seq.).
30 CFR 950.1 Scope.
This part contains all rules applicable only within the State of
Wyoming which have been adopted under the Surface Mining Control and
Reclamation Act of 1977.
(Sec. 503, Pub. L. 95-87 (30 U.S.C. 1253))
(45 FR 78684, Nov. 26, 1980)
30 CFR 950.10 State regulatory program approval.
The Wyoming permanent program as submitted on August 15, 1979 and as
revised on October 23, 1979 and May 30, 1980, is approved effective
November 26, 1980. Copies of the approved program are available at:
(a) Office of Surface Mining Reclamation and Enforcement, Casper
Field Office, 100 East B Street, room 2128, Casper, Wyoming 82601-1918,
Telephone: (307) 261-5776.
(b) Wyoming Department of Environmental Quality, Land Quality
Division, Herschler Building, 122 West 25th Street, Cheyenne, Wyoming
82002, Telephone: (307) 777-7756.
(56 FR 3219, Jan. 29, 1991)
30 CFR 950.11 Terms and conditions of State program approval.
The approval of the State program will terminate unless the following
conditions are fulfilled by the dates indicated:
(a)-(b) (Reserved)
(c) On or before May 20, 1983, Wyoming must establish requirements
which are consistent with the Federal attorneys' fees and intervention
regulation in 43 CFR part 4.
(45 FR 78684, Nov. 26, 1980, as amended at 47 FR 7220, Feb. 18, 1982;
47 FR 42352, Sept. 27, 1982; 48 FR 51467, Nov. 9, 1983)
30 CFR 950.12 State program provisions and amendments disapproved.
(a) The following provisions of the Rules and Regulations of the Land
Quality Division of the Wyoming Department of Environmental Quality, as
submitted on May 1, 1986, are hereby disapproved:
(1) The phrases ''run-of-the-mine'' and ''to separate the coal from
its impurities'' within the definition of ''coal preparation plant'' at
Chapter I, section 2(m);
(2) Deletion of the phrase ''observed within one (1) mile of the
proposed permit area'' at Chapter II, section 2(a)(i)(E)(I);
(3) Deletion of the requirement at Chapter II, section
3(a)(vi)(H)(II)(3) to collect baseline surface water data on acidity;
(4) Deletion of the locational data requirements for monitoring
stations at Chapter II, section 3(a)(vi)(M);
(5) Addition to the phrase ''where necessary due to stability
concerns'' in Chapter II, section 3(b)(xvi);
(6) Replacement of the word ''is'' with the phrase ''the vegetative
cover and total ground cover are'' in Chapter IV, section 2(d)(vi);
(7) Addition of the phrase ''or an alternative success standard
approved by the Administrator'' to Chapter IV, section 2(d)(vi);
(8) Replacement of the word ''access'' with the phrase ''constructed
or upgraded'' in the introductory paragraph of Chapter IV, section 2(j),
and the entire introductory paragraph to the extent that it excludes
certain existing roads from regulation without regard to the effect of
mining use on the road;
(9) Addition of paragraph (F) to Chapter IV, section 2(l)(ii)
concerning interim mine stabilization for surface coal mining
operations;
(10) All revisions to Chapter IV, section 3(a)(ix) concerning
cut-and-fill terraces;
(11) Addition of section 1(a)(ii)(C), section 2(c), and section 3 to
Chapter IX, which would have provided a general variance from the
approximate original requirements; and
(12) All revisions to Chapter XVII, which would have introduced a new
enforcement scheme.
(b) The following provision of the Rules and Regulations of the Land
Quality Division of the Wyoming Department of Environmental Quality, as
submitted on December 13, 1985, is hereby disapproved: Addition of
section 1(b)(iii) to Chapter XII which would have allowed personal
property other than allowed by 30 CFR 800.5 (cash accounts, negotiable
bonds, certificates of deposit, and letters of credit) to be posted as
collateral bond.
(51 FR 42218, Nov. 24, 1986, as amended at 52 FR 16847, May 6, 1987)
30 CFR 950.15 Approval of regulatory program amendments.
(a) The following amendments were approved effective February 18,
1982:
(1) Wyoming's definition of ''complete application'' added at Chapter
I, Section 2 (14) submitted March 26, 1981, to satisfy condition (a);
(2) Wyoming's assurance that the following guidelines submitted March
26, 1981 to satisfy condition (d), are enforceable as regulations:
Chapter II, Section 1.c. (maps)
Chapter II, Section 2.a. (1)(f)(ii) (topsoil)
Chapter II, Section 3.a (6)(b)(iii) (overburden)
Chapter II, Section 3.a. (6)(d)(ii) (vegetation types)
Chapter IV, Section 2.c. (2)(a) (topsoil)
Chapter IV, Section 3.p. (1)(a) (roads and powerlines)
(3) Wyoming's revised regulation Chapter IV, Section 2.d. (6)
submitted March 26, 1981 to satisfy condition (e); and
(4) Wyoming's assurance that all applicants will sign a sworn
statement at time of application filing that all reclamation fees have
been paid submitted March 26, 1981 to satisfy condition (f).
(b) The following amendment was approved effective September 27,
1982:
Wyoming's revised regulation Chapter I, Section 2(99) submitted May
26, 1982 to satisfy condition (b).
(c) The following amendments are approved effective November 9, 1983:
(1) Wyoming's revision to W.S. 35-11-103(e) (xxii) and (xxiii)
relating to modifying and adding definitions of ''complete
application'', ''deficiency'' in permit applications, and ''interim mine
stabilization''.
(2) Wyoming's revision to W.S. 35-11-406(h) which clarifies action to
be taken by the administrator on deficient permit applications.
(3) Wyoming's revision to W.S. 35-11-401 adding new subsection (n)
directing Administrator and Director to consider interim mine
stabilization in promulgating regulations.
(4) Wyoming's revised regulations, Chapter I, Section 2; Chapter
XIII, Section 2; Chapter XVI, Sections 1, 2, 3, 4, 5, and 6.
(d) The following amendment submitted to OSM on June 25, 1984, and
clarified by the State on November 1, 1984, is approved effective
February 28, 1985: Wyoming's regulations governing operator
responsibility when requesting a variance from program standards and the
State's responsibility in processing such a request at Sections 1 and 2
respectively, Chapter IV of the Wyoming Land Quality Division (LQD)
Rules and Regulations; definitions relating to self-bonding at Section
1, Chapter XII of the LQD rules, procedures to be followed by an
applicant when applying for self-bonding provisions at Section 2,
Chapter XII of the LQD rules, procedures to be followed by an operator
in the process of renewing an existing bond with a self-bond at Section
3, Chapter XII of the LQD rules; procedures to be followed by the State
regulatory authority in approving or denying an operators request to
self-bond at Section 4, Chapter XII of the LQD rules; procedures to be
followed by the State regulatory authority when requiring an operator to
replace a questionable self-bond with a substitute form of bond at
Section 5, Chapter XII of the LQD rules; requirements addressing the
release or forfeiture of self-bonds at Section 6, Chapter XII of the LQD
rules; requirements for operators of existing operations to follow in
substituting self-bonds for other forms of bond at Section 7, Chapter
XII of the LQD rules; frequency and extent of mine inspections at
Section 1, Chapter XVII of the LQD rules; procedures to be followed in
handling enforcement actions at Section 2, Chapter XVII of the LQD
rules, and procedures to be followed by the State regulatory authority
in assessing civil penalties at Section 3 Chapter XVII of the LQD rules.
(e) The following amendment, as submitted to OSM on September 21,
1984 and revised on June 11, 1985, is approved, with the exception of
the definition of ''valid existing rights'' at Chapter I, section
2(fffff) and the revision to Chapter XIII, section 1(a)(v)(C) concerning
the protection of sites listed on the National Register of Historic
Places, effective December 3, 1985: Modifications to certain
definitions in Section 2 of Chapter I of the Rules and Regulations of
the Land Quality Division (LQD) of the Wyoming Department of
Environmental Quality, modifications to the permitting, bonding and
insurance procedures and requirements of Chapter XIII of the LQD
regulations, and the recodification of Chapters I and XIII of the LQD
regulations.
The portion of Chapter XIII, section 1(a)(v)(C) not approved is
italicized as follows:
(C) On any lands which will adversely affect any publicly owned park
or any publicly owned places included in the National Register of
Historic Places, unless jointly approved by the administrator and the
Federal, State or local agency with jurisdiction over the park or place.
(f) The following amendment, as submitted to OSM on October 12, 1984
and revised on July 2, 1985, is approved effective December 13, 1985:
Modifications to section 6 of Chapter VI of the Rules and Regulations of
the Land Quality Division (LQD) of the Wyoming Department of
Environmental Quality to establish a program for blaster training,
examination and certification.
(g) The following amendment, as submitted to OSM on June 19, 1985, is
approved effective January 2, 1986: Modifications to Chapter X and the
accompanying Appendix A of the Rules and Regulations of the Water
Quality Division of the Wyoming Department of Environmental Quality
establishing performance and design standards for surface coal mining
sedimentation control facilities.
(h) The following amendments to the Wyoming permanent regulatory
program submitted to OSMRE on June 10, 1985, are approved effective to
October 22, 1984 with the exceptions identified in 30 CFR 950.16:
(1) Modifications to Chapter II, section 3 concerning information
requirements that must be included as part of the applicant's blasting
plan;
(2) Modifications to Chapter III, section 2 which provides the
Administrator of the Land Quality Division the authority to provide, if
requested by the applicant, a preapplication determination as to the
existence and extent of an alluvial valley floor;
(3) Modifications to Chapter V, section 1 which address new
applicability requirements, section 6, with the exception of 6(e),
concerning procedures to be used when sealing auger holes, and section
7, with the exception of 7(a)(ii) concerning highwall elimination in
previously affected areas;
(4) Modifications to Chapter VI, section 2 concerning preblasting
surveys, section 3 concerning public notification of an operators'
blasting schedule, section 4 concerning blasting standards and section 5
concerning the operator's responsibility to record and retain records of
each blast;
(5) Modifications to Chapter VII, section 1 concerning the submission
of a subsidence control plan as part of the permit application, section
2 concerning performance standards applicable to underground coal mining
operations, section 3 concerning public notification procedures for
underground mining operations and section 4, with the exception, in
part, of 4(a)(ii), concerning surface owner protection from underground
coal mining operations;
(6) Modifications to Chapter XI, section 1, with the exception of
1(a) and 1(b)(iii), concerning general requirements for exploration
operations of less than 250 tons, section 2 concerning general
requirements for exploration operations of more than 250 tons, section
3, with the exception of 3(b), concerning decisions on applications to
explore for more than 250 tons, section 4 concerning reclamation
performance standards on coal exploration operations and Section 6,
concerning public availability of information;
(7) Limited modifications to Chapter XVI, sections 1, 2, 3, 4 and 5
concerning procedures for bond release; and
(8) Modifications to Chapter XVIII, section 1, with the exception, in
part, of the definition of ''fragile lands'' at 1(a) and sections 2, 3
(with the exception of 3(a)(iii) and 3(a)(viii)), 4 and 5 concerning
procedures for processing petitions to designate lands as unsuitable for
surface coal mining.
(i) The following amendments to the Wyoming permanent regulatory
program, as submitted to OSMRE on May 1, 1986, are approved effective
November 24, 1986 with the exceptions identified herein or in 950.12:
(1) Modifications to Chapters I, II, III, IV, IX, XII, XXIII and XIV
of the Rules and Regulations of the Wyoming Department of Environmental
Quality, Land Quality Division, concerning definitions, permit
application requirements, performance standards, variances, the small
operator assistance program, permit revisions, and permit approval
requirements. However, no action is currently being taken on the
following proposed amendments:
(i) All revisions to the contemporaneous reclamation requirements of
Chapter IV, section 3(a)(i);
(ii) (Reserved)
(iii) (Reserved)
(2) Replacement of Guideline 2 with Appendix A, ''Vegetation Sampling
Methods and Reclamation Success Standards for Surface Coal Mining
Operations,'' of the Rules and Regulations of the Wyoming Department of
Environmental Quality, Land Quality Division, with the exception of the
maximum sample sizes specified therein in Part IV.D.
(j) The following amendments to the Wyoming permanent regulatory
program, as submitted to OSMRE on December 13, 1985, are approved
effective May 6, 1987, with the exception identified in 950.12(b), and
with the exception of those provisions identified in 950.16(r) as
requiring further amendment.
(k) With the exceptions of chapter I, section 2(bu), the definition
of ''revised mining or reclamation operations'' to the extent it
includes the phrase ''except for incidental operation changes;'' chapter
II, section 3(b)(xvi)(D), excess spoil stability analysis waiver;
chapter XIV, section 1(b), non-significant permit revisions, to the
extent it includes the sentence ''(i)f promptly filed and unless
notified by the Administrator to delay, the operator may initiate the
proposed change.''; and chapter XIV, section 1(c), incidental changes,
amendments to the following sections of the rules and regulations of the
Department of Environmental Quality, Land Quality Division, as submitted
March 31, 1989, and as modified and clarified on June 21, July 27,
August 14, August 22, and October 27, 1989, are approved effective July
25, 1990: Chapter I, section 2, definitions; chapter II, section 2,
general application content requirements; chapter II, section 3,
special application content requirements for surface coal mining
operations; chapter IV, section 2, general environmental protection
performance standards; chapter IV, section 3, special environmental
protection performance standards applicable to surface coal mining and
reclamation operations; chapter V, section 2, performance standards for
prime farmland; chapter V, section 6, performance standards for auger
mining; chapter V, section 7, performance standards for remining;
chapter VI, section 3, public notice of blasting schedule; chapter VI,
section 4, blasting standards; chapter VII, section 1 (30 CFR part
784), underground mining permit application content requirements;
chapter VII, section 4, surface owner protection; chapter IX, section
1, content of variance requests for surface coal mining operations;
chapter IX, section 2, procedures for variances for surface coal mining
operations; chapter IX, section 3, criteria for variances from
approximate original contour; chapter XI, section 1, general
requirements for coal exploration of less than 250 tons; chapter XI,
section 3, approval of applications for exploration of more than 250
tons or in an area designated as unsuitable for surface coal mining
operations; chapter XII, section 1, self-bonding definitions; chapter
XII, section 2, initial application to self bond; chapter XII, section
3, approval or denial of operator's self-bond application; chapter XII,
section 4, renewal of self bonds; chapter XII, section 6, requirements
for forfeiture and release of self bond; chapter XIII, section 1,
permitting procedures; chapter XIV, section 1, submittal of revisions;
chapter XIV, section 2, criteria for public notice requirements;
chapter XVI, section 1, request for bond release; chapter XVI, section
3, inspection of the permit area for bond release; chapter XVI, section
4, notification for bond release; chapter XVII, section 1, inspections;
chapter XVII, section 2, enforcement; chapter XVIII, section 1,
definitions for designation of areas unsuitable for surface coal mining;
and chapter XVIII, section 3, processing petitions for designation of
areas unsuitable for surface coal mining.
(l) The following amendments to the Wyoming permanent regulatory
program, as submitted to OSM on May 1, 1986, are approved effective
January 29, 1991: Chapter VI, section 3(c)(ii)(C)(I), concerning coal
mine waste pile lift thickness and dry density requirements; chapter
IV, section 3(h)(iii)(A), concerning the deletion of the highwall
elimination requirement; and chapter IV, section 3(h)(iii)(B),
concerning the addition of highwall retention provisions.
(48 FR 51467, Nov. 9, 1983, as amended at 50 FR 8110, Feb. 28, 1985;
50 FR 49550, Dec. 3, 1985; 50 FR 50903, Dec. 13, 1985; 51 FR 23, Jan.
2, 1986; 51 FR 10832, Mar. 31, 1986; 51 FR 42219, Nov. 24, 1986; 52
FR 16847, May 6, 1987; 55 FR 30233, July 25, 1990; 56 FR 3219, Jan.
29, 1991)
30 CFR 950.16 Required program amendments.
Pursuant to 30 CFR 732.17 Wyoming is required to submit for OSMRE's
approval the following proposed program amendments by the dates
specified.
(a) By September 24, 1990, Wyoming shall submit a revision to its
permanent program rules at chapter XI, section 3(b) or otherwise propose
to amend its program to give persons adversely affected by the
disapproval of an exploration license the same opportunity for
administrative and judicial review afforded persons adversely affected
by an approval.
(b) By September 24, 1990, Wyoming shall submit a revision to its
permanent program rules at chapter II, section 3(a)(vi)(A) or otherwise
propose to amend its program to require that the geologic description
required in permit applications for surface and underground coal mining
operations include the areal and structural geology of the permit and
adjacent areas, and other parameters which influence the required
reclamation and the occurrence, availability, movement, quantity, and
quality of potentially impacted surface and ground waters.
(c) By September 24, 1990, Wyoming shall submit a revision to its
permanent program rules at chapter II, section 3(a)(vi)(C)(II) or
otherwise propose to amend its program to require that the maps and
cross-sections required in permit applications for surface and
underground coal mining operations show the strike and dip of the coal
seam to be mined within the proposed permit area.
(d) By September 24, 1990, Wyoming shall submit a revision to its
permanent program rules at chapter IV, section 3(i) or otherwise propose
to amend its program to require a quarterly ground water monitoring for
surface and underground coal mining operations.
(e) By September 24, 1990, Wyoming shall submit a revision to its
permanent program rules at chapter IV, section 3(u) or otherwise propose
to amend its program to give the State the authority to require
additional preventive, remedial, or monitoring measures to assure that
material damage to the hydrologic balance outside the permit area is
prevented with regard to both surface and underground coal mining
operations.
(f) By June 30, 1987, Wyoming shall submit rules requiring the name,
address, and telephone number of the operator if different from the
applicant, or otherwise propose to amend its program in a manner no less
effective than 30 CFR 778.13(b).
(g) By September 24, 1990, Wyoming shall submit a revision to its
permanent program rules at chapter XIII, section 1(a)(v)(C) to reinstate
the word ''any'' in front of the phrase ''places included in the
National Register of Historic Places.''
(h) By June 30, 1987, Wyoming shall submit revisions of the LQD rules
at Chapter II section 3(a)(vi)(J)(II) or otherwise propose to amend its
program to provide that the groundwater quality description in a permit
application must include pH.
(i) By June 30, 1987, Wyoming shall submit revisions to the LQD rules
at Chapter II section 3(b)(ix)(D) or otherwise propose to amend its
program to specify the minimum groundwater quality parameters that must
be monitored.
(j) By September 24, 1990, Wyoming shall submit a revision to its
permanent program rules at chapter XIV, section 1(a) or otherwise
propose to amend its program to include a reference to chapter XIV,
section 1(d) in section 1(a); correct the cross reference in chapter
XIV, section 3(a) to read section 1(d) rather than 1(b); and include
underground coal mining permits in its exception to alternative methods
of permit revision.
(k) By June 30, 1987, Wyoming shall submit revisions to Part II.C.l.a
of Appendix A of the LQD rules or otherwise propose to amend its program
to include some other mechanism to check or confirm ocular quadrat
estimates of ground cover to ensure the collection of consistent,
objective data.
(l) By June 30, 1987, Wyoming shall submit revisions to Appendix A of
the LQD rules or otherwise propose to amend its program to specify the
sampling techniques which operators will be allowed to use to evaluate
the parameters of ground cover, production and stocking.
(m) By June 30, 1987, Wyoming shall submit revisions to Part VIII.D
of Appendix A of the LQD rules or otherwise propose to amend its program
to clarify that operators must meet cropland success standards during at
least the last two consecutive crop years of the responsibility period.
(n) By June 30, 1987, Wyoming shall submit revisions to the LQD rules
at Chapter IV, section 3(a)(iv)(C) or otherwise propose to amend its
program to require that, prior to placement of spoil outside the
mined-out area, (1) all vegetative and organic material be removed from
the area, (2) the topsoil on the area be removed, segregated, and stored
or redistributed, and (3) the spoil be backfilled and graded in
accordance with permanent program performance standards.
(51 FR 10832, Mar. 31, 1986, as amended at 51 FR 42219, Nov. 24,
1986; 52 FR 16847, May 6, 1987; 55 FR 30234, July 25, 1990)
30 CFR 950.20 State-Federal Cooperative Agreement.
The Governor of the State of Wyoming (State) acting by and through
the Department of Environmental Quality, Land Quality Division
(Division), and the Secretary of the Department of the Interior
(Department) acting by and through the Office of Surface Mining
Reclamation and Enforcement (OSMRE), enter into a Cooperative Agreement
(Agreement) to read as follows:
1. This Agreement is authorized by section 523(c) of the Surface
Mining Control and Reclamation Act of 1977 (Act), 30 U.S.C. 1273(c),
which allows a State with a permanent regulatory program approved under
30 U.S.C. 1253 to elect to enter an Agreement with the Secretary for the
regulation and control of surface coal mining and reclamation operations
on Federal lands.
This Agreement provides for State regulation of coal exploration
operations not subject to 43 CFR parts 3480 through 3487 and surface
coal mining and reclamation operations in Wyoming subject to the Federal
lands program (30 CFR parts 740 through 746) consistent with the Act,
the Wyoming Environmental Quality Act (W.S. 35-11-401-437), and the
Wyoming State Program (Program).
2. The purposes of this Agreement are to (a) foster Federal-State
cooperation in the regulation of surface coal mining and reclamation
operations and coal exploration operations not subject to 43 CFR parts
3480 through 3487; (b) eliminate intergovernmental overlap and
duplication; and (c) provide uniform and effective application of the
Program in Wyoming, in accordance with the Act.
3. This Agreement shall take effect following signing by the
Secretary and the Governor, and thirty days after publication as a final
rule in the Federal Register. This Agreement shall remain in effect
until terminated as provided in Article X.
4. In accordance with the Federal lands regulations in 30 CFR parts
740 through 746, the laws, regulations, terms and conditions of the
Wyoming State Program, as approved or as amended in accordance with 30
CFR part 732, are applicable to lands in Wyoming subject to the Federal
lands program except as otherwise stated in this Agreement, the Act, 30
CFR part 745, or other applicable laws or regulations. Orders and
decisions issued by the State in accordance with the Program that are
appealable shall be appealed as provided for by State law. Orders and
decisions issued by the Department that are administratively appealable
shall be appealed to the Department's Office of Hearings and Appeals.
5. The Governor and the Secretary affirm that they will comply with
all of the provisions of this Agreement and will continue to meet all
the conditions and requirements specified in this Article.
(a) Responsible Administrative Agency. The Division shall be
responsible for administering this Agreement on behalf of the Governor.
OSMRE shall administer this Agreement on behalf of the Secretary, in
accordance with the regulations in 30 CFR Chapter VII.
(b) Authority of State. The State has and shall continue to have
authority under State law to carry out this Agreement.
(c) Funds. The State will devote adequate funds to the
administration and enforcement on Federal lands in the State of the
requirements contained in the Program. If the State complies with the
terms of this Agreement, and if necessary funds have been appropriated,
the Department shall reimburse the State as provided in section 705(c)
of the Act, the grant agreement, and 30 CFR 735.16 for costs associated
with carrying out responsibilities under this Agreement. Reimbursements
shall be in the form of annual grants and grant amendments, and
applications for said grants shall be processed and awarded in a timely
and prompt manner. If sufficient funds have not been appropriated to
OSMRE or the State, the parties shall promptly meet to decide on
appropriate measures that will ensure that surface coal mining and
reclamation operations and exploration operations on Federal lands are
regulated in accordance with the Program. If agreement cannot be
reached, then either party may terminate the Agreement.
(d) Reports and Records. The State shall make annual reports to
OSMRE containing information with respect to compliance with the terms
of this Agreement pursuant to 30 CFR 745.12(d). Upon request, the State
and OSMRE shall exchange (except where prohibited by Federal law)
information developed under this Agreement. OSMRE shall provide the
State with a copy of any final evaluation report prepared concerning
State administration and enforcement of this Agreement.
(e) Personnel. The State shall have the necessary personnel to fully
implement this Agreement in accordance with the provisions of the Act
and the Program.
(f) Equipment and Laboratories. The State shall have access to
equipment, laboratories, and facilities with which all inspections,
investigations, studies, tests and analyses can be performed and which
are necessary to carry out the requirements of this Agreement.
(g) Permit Application Fees. The amount of the fee accompanying an
application for a permit shall be determined in accordance with W.S.
35-11-406(a)(xii). All permit fees shall be retained by the State and
deposited with the State Treasurer in the General Fund. The Financial
Status Report submitted pursuant to 30 CFR 735.26 shall include a report
of the amount of permit application fees collected and attributable to
Federal lands during the prior Federal fiscal year. This amount shall
be disposed of in accordance with Federal regulations and OMB Circular
No. A-102, Attachment E.
Package Review
6. The State and OSMRE agree and hereby require that an applicant
proposing to conduct surface coal mining operations on lands subject to
the Federal lands program shall submit a permit application package
(PAP) in an appropriate number of copies to the State and OSMRE. If any
material is submitted to the State by an applicant for the sole purpose
of complying with the 3-year requirement of section 7(c) of the Mineral
Leasing Act of 1920, 30 U.S.C. 181 et seq., the State will forward such
material through OSMRE to the Bureau of Land Management (BLM). If the
material is submitted as part of the PAP, a copy of the entire package
will be sent through OSMRE to BLM. The PAP shall be in the form
required by the State, and shall include any supplemental information
required by OSMRE. The PAP shall include the information required by,
or necessary for, the State and the Secretary to make a determination of
compliance with:
(a) W.S. 35-11-406(a) and (b) (1980);
(b) Chapter II, Land Quality Division Rules and Regulations,
Department of Environmental Quality, or other chapters where these may
supersede Chapter II;
(c) Applicable terms and conditions of the Federal coal lease; and
(d) Applicable requirements of the Program, and other Federal laws
and regulations, including, but not limited to those listed in Appendix
A.
7. a. State Responsibility. The State shall assume primary
responsibility for the analysis, review, and approval or disapproval of
the permit application component of the PAP for surface coal mining and
reclamation operations on lands subject to the Federal lands program.
b. OSMRE Responsibility. (1) OSMRE will, at the request of the
State, assist the State in its analysis and review of the PAP. (2) The
Department shall concurrently carry out its responsibilities which
cannot be delegated to the State under the Act, the Mineral Leasing Act
(MLA), as amended, the National Environmental Policy Act (NEPA), and
other applicable Federal laws (including but not limited to these in
Appendix A). The Department shall carry out those responsibilities in
accordance with the Federal lands program and this Agreement in a timely
manner so as to eliminate, to the maximum extent possible, duplication
of the responsibilities of the State set forth in this Agreement and the
Program. The Secretary will consider the information in the PAP and,
where appropriate, make decisions required by the Act, MLA, NEPA, and
other Federal laws.
c. Responsibility for Handling Other Federal Laws. The State must
consider the comments of Federal agencies in the context of permit
issuance and will document these comments in the record of permit
decisions. Permits issued by the State shall include, to the extent
allowed by Wyoming law, terms and conditions required by the lease
issued pursuant to the Mineral Leasing Act and by other applicable
Federal laws and regulations in accordance with 30 CFR 740.13(c)(1).
When Federal agencies recommend permit conditions and these conditions
are not adopted, the State will provide OSMRE with documentation as to
why they were not incorporated as permit conditions.
Upon notification from the State that certain permit conditions are
not incorporated, OSMRE will determine whether such conditions are
necessary and may be attached to other Federal authorizations. If not
other Federal authorizations are required, then OSMRE may issue a
supplemental SMCRA permit attaching only those conditions which are
necessary to assure compliance with other Federal laws. The State shall
not be required to enforce the conditions of the Federal permit.
d. Working Agreements. Responsibilities and decisions which can and
cannot be delegated to the State under the Act and other applicable
Federal laws may be specified in working agreements between OSMRE and
the State with the concurrence of any Federal agency involved, and
without amendment to this Agreement.
8. The State will be the primary point of contact for applicants
regarding the review of the PAP, except on matters concerned exclusively
with the regulations in 43 CFR parts 3480-3487 administered by the BLM
and on matters unrelated to the review of the PAP. The State will be
responsible for informing the applicant of any joint State-Federal
determinations. The State shall send to OSMRE copies of any
correspondence with the applicant and any information received from the
applicant which may have a bearing on decisions regarding the PAP.
OSMRE would not independently initiate contacts with applicants
regarding completeness or deficiencies of the PAP with respect to
matters covered by the Program; however, the Department reserves the
right to act independently of the State to carry out its
responsibilities under laws other than the Act or provisions of the Act
not covered by the Program, and in instances of disagreement over the
Act and the Federal lands program. OSMRE shall send to the State copies
of all independent correspondence with the applicant which may have a
bearing on decisions regarding the PAP.
9. The State shall assume the responsibilities listed in 30 CFR
740.4(c)(1), (4), (5), (6), and (7). OSMRE will retain the
responsibilities listed in 30 CFR 740.4(c)(2), (3) and the exceptions in
30 CFR 740.4(c)(7)(i)-(vii). In addition to the procedures outlined in
paragraphs 9, 10, and 11, OSMRE shall assist the State in carrying out
its responsibilities by:
(a) Distributing copies of the PAP to, and coordinating the review of
the PAP among all Federal agencies which have responsibilities relating
to decisions on the package. This shall be done in a manner which
ensures timely identification, communication and resolution of issues
relating to those Federal agencies' statutory requirements. OSMRE shall
request that such other Federal agencies furnish their findings or any
requests for additional data to OSMRE within 45 calendar days of the
date OSMRE transmits to them a copy of the PAP.
(b) Providing the State with the analyses and conclusions of other
Federal agencies regarding those portions of the PAP which affect their
statutory responsibilities.
(c) Resolving conflicts and difficulties between or among other
Federal agencies in a timely manner.
(d) Assisting in scheduling joint meetings as necessary between State
and Federal agencies.
(e) Where OSMRE is assisting the State in reviewing the permit
application, furnishing the State with the work product within 45
calendar days of receipt of the State's request for such assistance, or
earlier if mutually agreed upon by OSMRE and the State.
(f) Exercising its responsibilities in a timely manner as set forth
in a mutually agreed upon schedule, governed to the extent possible by
the deadlines established in the Program.
(g) Assuming all responsibility for ensuring compliance with any
Federal lessee protection bond requirement.
10. This paragraph describes the procedures that OSMRE and the State
will follow in the review of a PAP for surface coal mining and
reclamation operations where a mining plan is required under the Mineral
Leasing Act:
(a) OSMRE and the State shall coordinate with each other during the
review process as needed. The State shall keep OSMRE informed of
findings made during the review process which bear on the
responsibilities of OSMRE and other Federal agencies. OSMRE shall
ensure that any information OSMRE receives which has a bearing on
decisions regarding the PAP is promptly sent to the State.
(b) The State shall review the PAP for compliance with the Program
and State laws and regulations.
(c) OSMRE shall review the appropriate portions of the PAP for
compliance with the non-delegable responsibilities of the Act and the
requirements of other Federal laws and regulations consistent with
paragraphs 7 and 8 of this Agreement.
(d) OSMRE and the State shall develop a work plan and schedule for
PAP review and each shall identify a person as project leader. The
State and OSMRE project leaders shall serve as the primary point of
contact between OSMRE and the State throughout the review process. Not
later than 50 days after receipt, OSMRE shall furnish the State with its
preliminary findings and specify any requirements for additional data.
OSMRE shall advise the State on the need for it to perform any work as
part of the preparation of an Environmental Impact Statement as soon as
possible in the review process.
(e) The State shall prepare a State decision package on the PAP. To
the fullest extent allowed by the State and Federal law and regulations,
the State and OSMRE will cooperate so that duplication will be
eliminated in conducting the technical analyses and meeting NEPA
requirements for the proposed mining operation. Copies of the draft
State decision package shall be sent to OSMRE for review and comment.
OSMRE shall evaluate the package and inform the State within 30 days,
whenever possible, of any changes that should be made. The State shall
consider these comments and send a final State decision package to OSMRE
for action in a timely manner consistent with the Federal lands program.
OSMRE shall have 30 days after receipt to request any changes to the
State's final decision package.
(f) The State may proceed to issue the permit in accordance with the
Program prior to the necessary Secretarial approval, provided that the
State advises the permittee in the permit of the necessity for
Secretarial approval of a mining plan prior to beginning operations to
mine Federal coal. The State shall reserve the right to amend or
rescind any requirements of the approved permit to conform with any
terms or conditions imposed by the Secretary in his approval of the
mining plan.
11. This paragraph describes the procedures that the State and OSMRE
will follow in processing a PAP for surface coal mining and reclamation
operations which does not require Secretarial approval of a mining plan
under the Mineral Leasing Act:
(a) Upon receipt of a PAP for such operations, OSMRE shall consult
with and obtain the determinations or conditions of any other Federal
agencies with jurisdiction or responsibility over Federal lands affected
by the operations proposed in the PAP. To the extent possible, these
determinations and conditions and any determinations required by OSMRE
pursuant to section 522 of the Act, shall be forwarded to the State
within the time frame allowed by State law for processing permit
applications.
(b) The State shall review the PAP for compliance with the Program
and State laws and regulations.
(c) The State may proceed to issue the permit.
(d) After issuing the permit, the State shall send OSMRE and the
Federal land management agency a copy of the signed permit form and
State decision package.
12. The following procedures will be used in processing permit
revisions or renewals:
(a) Any permit revision or renewal for operations on lands subject to
the Federal lands program shall be reviewed and approved or disapproved
by the State after consultation with OSMRE on whether the revision or
renewal constitutes a mining plan modification under 30 CFR 746.18.
OSMRE shall inform the State within 30 days of receiving a copy of a
proposed revision or renewal, whether it constitutes a mining plan
modification. Where approval of a mining plan modification is required,
OSMRE and the State will follow the procedures outlined in paragraph 10
of this Article.
(b) Permit revisions or renewals for operations not constituting a
mining plan modification and not meeting the criteria that may be
established under (c) of this paragraph shall be reviewed and approved
or disapproved following the procedures outlined in paragraph 11 of this
Article.
(c) OSMRE may establish criteria to determine which types of permit
revisions and renewals do not constitute mining plan modifications and
will not affect the non-delegable responsiblities of OSMRE and other
Federal agencies. Revisions or renewals meeting such criteria may be
approved by the State prior to informing OSMRE of the approval and
submission of copies of the revision or renewal to OSMRE.
13. The State shall conduct inspections on lands subject to the
Federal lands program and prepare and file inspection reports in
accordance with the Program.
14. The State shall, subsequent to conducting any inspection, and on
a timely basis, file with the Secretary an inspection report adequately
describing (1) the general conditions of the lands under the permit and
license; (2) the manner in which the operations are being conducted;
and (3) whether the operator is complying with applicable performance
and reclamation requirements.
15. The State will be the point of contact and the inspection
authority in dealing with the operator concerning operations and
compliance with the requirements covered by this Agreement, except as
described hereinafter. Nothing in this Agreement shall prevent
inspections by authorized Federal or State agencies for purposes other
than those covered by this Agreement. The Department may conduct any
inspections necessary to comply with 30 CFR part 842 and 30 CFR
843.12(a)(2) and its obligations under laws other than the Act.
16. OSMRE shall give the State reasonable notice of its intent to
conduct an inspection in order to provide State inspectors with an
opportunity to join in the inspection. When the Department is
responding to a citizen complaint of an imminent environmental danger or
a threat to human health pursuant to 30 CFR part 842.11(b)(1)(ii)(C), it
will contact the State no less than 24 hours if practicable, prior to
the Federal inspection to facilitiate a joint Federal/State inspection.
The Secretary reserves the right to conduct inspections without prior
notice to the State as necessary to carry out his responsibilities under
the Act.
17. Personnel of the State and representatives of the Department
shall be mutually available to serve as witnesses in enforcement actions
taken by either party.
18. The State shall have primary enforcement authority under the Act
concerning compliance with the requirements of this Agreement and the
Program.
19. During any joint inspection by the Department and the State, the
State shall have primary responsibility for enforcement procedures,
including issuance of orders of cessation, notices of violation, and
assessment of penalties. The Department and the State shall consult
prior to issuance of any decision to suspend or revoke a permit.
20. During any inspection made solely by the Department or any joint
inspection where the State and the Department fail to agree regarding
the propriety of any particular enforcement action, the Department may
take any enforcement action necessary to comply with 30 CFR parts 843
and 845. Such enforcement action shall be based on the standards in the
Program, the Act, the permit, or all three, and shall be taken using the
procedures and penalty system contained in 30 CFR parts 843 and 845.
21. The State and the Department shall promptly notify each other of
all violations of applicable laws, regulations, orders, or approved
mining plans and permits subject to this Agreement, and of all actions
taken with respect to such violations.
22. This Agreement does not affect or limit the Secretary's authority
to enforce violations of Federal laws other than the Act.
23. The State and the Secretary shall require each operator on lands
subject to the Federal lands program to submit a single performance bond
payable to both the United States and the State of Wyoming that is
sufficient to cover the operator's responsibilities under the Act and
the program. Such performance bond shall be conditioned upon compliance
with requirements of the Program, the Act and the permit. Such bond
shall provide that if this Agreement is terminated, the bond shall be
payable only to the United States to the extent that lands covered by
the Federal lands program are involved.
24. Prior to releasing the operator from any obligation under a bond
required by the Program on lands subject to the Federal lands program,
the State shall obtain the concurrence of the Department. Departmental
concurrence shall be based on field measurements, observations, and
coordination with other Federal agencies having authority over the
affected lands. The State shall also advise the Department annually of
adjustments to the bond pursuant to the Program.
25. Performance bonds shall be subject to forfeiture, with the
concurrence of the Department, in accordance with the procedures and
requirements of the Program.
26. The State and OSMRE shall cooperate with each other in the review
and processing of petitions to designate lands as unsuitable for surface
coal mining operations. When either agency receives a petition that
could impact adjacent Federal or non-Federal lands, the agency receiving
the petition shall (1) notify the other of receipt and of the
anticipated schedule for reaching a decision; and (2) request and fully
consider data, information and views of the other.
27. The authority to designate State and private lands as unsuitable
for mining is reserved to the State. The authority to designate Federal
lands as unsuitable for mining is reserved to the Secretary or his
designated representative.
28. This Agreement may be terminated by the Governor or the Secretary
under the provisions of 30 CFR 745.15.
29. If this Agreement has been terminated in whole or in part, it may
be reinstated under the provisions of 30 CFR 745.16.
30. This Agreement may be amended by mutual agreement of the Governor
and the Secretary in accordance with 30 CFR 745.14.
31. The Department or the State may promulgate new or revised
performance or reclamation requirements or administration and
enforcement procedures. OSMRE and the State shall immediately inform
each other of any final changes and of any effect such changes may have
on this Agreement. If it is determined to be necessary to keep this
Agreement in force, the State shall take legislative action and each
party shall change or revise its regulations or promulgate new
regulations, as applicable. Such changes shall be made under the
procedures of 30 CFR Part 732 for changes to the Program and sections
501 and 523 of the Act for changes to the Federal lands program.
32. The State and the Department shall provide each other with copies
of any changes to their respective laws, rules, regulations, and
standards pertaining to the enforcement and administration of this
Agreement.
33. The State and the Department shall, consistent with 30 CFR Part
745, advise each other of changes in organization, structure, functions,
duties and funds of the offices, departments, divisions, and persons
within their organizations. Each shall promptly advise the other in
writing of changes in key personnel, including the heads of a department
or division, or changes in the functions or duties of persons occupying
the principal offices within the structure of the Program. The State
and the Department shall advise each other in writing of changes in the
location of offices, addresses, telephone numbers, and changes in the
names, locations and telephone numbers of their respective mine
inspectors and the area within the State for which such inspectors are
responsible.
34. In accordance with 30 CFR 745.13, this Agreement shall not be
construed as waiving or preventing the assertion of any rights that have
not been expressly addressed in this Agreement, that the State or the
Secretary may have under other laws or regulations, including the
Surface Mining Control and Reclamation Act of 1977, the Mineral Leasing
Act, as amended, the Mineral Leasing Act for Acquired Lands, the
Stockraising Homestead Act, the Federal Land Policy and Management Act,
other Federal laws including but not limited to those listed in Appendix
A, the Constitution of the United States, and the Constitution of the
State or State laws.
35. Terms and phrases used in this Agreement which are defined in 30
CFR Parts 700, 701 and 740, or the Program shall be given the meanings
set forth in said definitions. Where there is a conflict between any
definitions, the definitions used in the Program will apply except in
the case of a term which conflicts with the Secretary's remaining
responsibilities under the Act and other laws.
(1) Surface Mining Control and Reclamation Act, 30 U.S.C. 1201 et
seq., and implementing regulations.
(2) The Federal Land Policy and Management Act, 43 U.S.C. 1701 et
seq., and implementing regulations.
(3) The Mineral Leasing Act of 1920, 30 U.S.C. et seq., and
implementing regulations including 43 CFR Part 3480 et seq.
(4) The Mineral Leasing Act for Acquired Lands of 1947, as amended,
30 U.S.C. 351 et seq., and implementing regulations.
(5) The National Environmental Policy Act of 1969, 42 U.S.C. 4312 et
seq., and implementing regulations including 40 CFR Part 1500 et seq.
(6) The Endangered Species Act, 16 U.S.C. 1531 et seq., and
implementing regulations including 50 CFR Part 402.
(7) The National Historic Preservation Act of 1966, 16 U.S.C. 470 et
seq., and implementing regulations including 36 CFR Part 800 and
Executive Order 11593 (May 13, 1971).
(8) The Clean Air Act, 42 U.S.C. 7401 et seq., and implementing
regulations.
(9) The Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq.,
and implementing regulations.
(10) The Resource Conservation and Recovery Act of 1976, 42 U.S.C.
6901 et seq., and implementing regulations.
(11) The Reservoir Salvage Act of 1960, amended by the Preservation
and Historical and Archaelogical Data Act of 1974, 16 U.S.C. 469 et seq.
(12) Executive Order 11988 (May 24, 1977) for floodplain protection.
Executive Order 11990 (May 24, 1977) for wetland protections.
(13) The Fish and Wildlife Coordination Act, as amended, 16 U.S.C.
661-667.
(14) The Bald and Golden Eagle Protection Act of 1940, as amended, 16
U.S.C. 668-668d, and implementing regulations.
(16) The Migratory Bird Treaty Act, as amended, 16 U.S.C. 701-718h.
(51 FR 45089, Dec. 16, 1986)
30 CFR 950.30 Approval of Wyoming abandoned mine land reclamation plan.
The Wyoming Abandoned Mine Land Reclamation Plan, as submitted on
August 16, 1982, and as subsequently revised, is approved effective
February 14, 1983. Copies of the approved program are available at:
Casper Field Office, Office of Surface Mining Reclamation and
Enforcement, 100 East B Street, room 2128, Casper, WY 82601-1918.
State of Wyoming, Department of Environmental Quality, Abandoned Mine
Lands Division, Herschler Building, Third Floor West, 122 West 25th
Street, Cheyenne, WY 82002.
(57 FR 12733, Apr. 13, 1992)
30 CFR 950.35 Approval of abandoned mine land reclamation plan
amendments.
(a) Certification by Wyoming of completion of all known coal-related
impacts is accepted effective May 25, 1984.
(b) The revisions to the Wyoming plan as submitted to OSM on December
16, 1991, are approved effective April 13, 1992.
(57 FR 12733, Apr. 13, 1992)
30 CFR 950.35 PART 955 -- CERTIFICATION OF BLASTERS IN FEDERAL PROGRAM
STATES AND ON INDIAN LANDS
Sec.
955.1 Scope.
955.2 Implementation.
955.5 Definitions.
955.10 Information collection.
955.11 General requirements.
955.12 Training.
955.13 Application.
955.14 Examination.
955.15 Certification.
955.16 Reciprocity.
955.17 Suspension and revocation.
Authority: Pub. L. 95-87 (30 U.S.C. 1201 et seq.), sec. 955.13 also
issued under sec. 9701, Pub. L. 97-258 (31 U.S.C. 9701).
Source: 51 FR 19462, May 29, 1986, unless otherwise noted.
30 CFR 955.1 Scope.
This part establishes rules pursuant to part 850 of this chapter for
the training, examination and certification of blasters by OSM for
surface coal mining operations in States with Federal programs and on
Indian lands. It governs the issuance, renewal, reissuance, suspension
and revocation of an OSM blaster certificate, replacement of a lost or
destroyed certificate, and reciprocity to a holder of a certificate
issued by a State regulatory authority.
30 CFR 955.2 Implementation.
In accordance with 750.19, 816.61(c) and 817.61(c) of this chapter,
after June 30, 1987, in Federal program States and on Indian lands any
person who is responsible for conducting blasting operations at a
blasting site shall have a current OSM blaster certificate.
30 CFR 955.5 Definitions.
As used in this part:
Applicant means a person who submits an application for an OSM
blaster certificate.
Application means a request for an OSM blaster certificate submitted
on the prescribed form, including the required fee and any applicable
supporting evidence or other attachments.
Issue and issuance mean to grant to an applicant his or her first OSM
blaster certificate that is not granted through reciprocity.
Reciprocity means the recognition by OSM of a blaster certificate
issued by a State regulatory authority under an OSM-approved blaster
certification program as qualifying an applicant for the grant of an OSM
blaster certificate.
Reissue and reissuance are synonymous with the term recertification
in 850.15(c) of this chapter, and mean to grant to an applicant who
holds a renewed OSM blaster certificate, or who holds an OSM blaster
certificate that expired more than 1 year prior to the date of his or
her application, or who held an OSM blaster certificate that was
revoked, a subsequent certificate that is not granted through
reciprocity and for which additional training and examination are
required.
Renew and renewal mean to grant to an applicant who holds an issued
or reissued OSM blaster certificate a subsequent certificate that is not
granted through reciprocity and for which additional training and
examination are not required.
Replace and replacement mean to grant to an applicant a duplicate OSM
blaster certificate as a substitute for one that was lost or destroyed.
30 CFR 955.10 Information collection.
The information collection requirements in this part were approved by
the Office of Management and Budget under 44 U.S.C. 3507 and assigned
clearance number 1029-0083. This information is needed to meet the
requirements of sections 504, 515, 516, 710 and 719 of Pub. L. 95-87,
and will be used by OSM in the certification of blasters. The
obligation to respond is mandatory.
30 CFR 955.11 General requirements.
To qualify for an OSM blaster certificate, a person shall:
(a) Be at least 20 years old prior to submitting an application, and
at least 21 years old prior to the grant of a certificate;
(b) In the 3 years prior to submitting an application have been
qualified and worked as a blaster or the equivalent, or have worked
under the direction of a blaster or the equivalent, for the following
cumulative length of time:
(1) Certificate issuance -- 2 years; or
(2) Certificate renewal or reissuance -- 1 year;
(c) For certificate issuance or reissuance, have received on-the-job
training, completed a training course, and obtained satisfactory
evidence of having completed training, as provided in 955.12;
(d) Be competent, possess practical knowledge of blasting techniques,
understand the hazards involved in the use of explosives, and exhibit a
pattern of conduct consistent with the acceptance of responsibility for
blasting operations;
(e) Submit an application as provided in 955.13;
(f) For certificate issuance or reissuance, pass a written
examination as provided in 955.14;
(g) For a certificate through reciprocity, meet the requirements of
955.16; and
(h) Not be subject to suspension, revocation or other action under
955.17.
30 CFR 955.12 Training.
(a) On-the-job training. Except as provided in 955.14(c) for
reexamination, each applicant for the issuance of an OSM blaster
certificate who does not qualify as a blaster or the equivalent shall:
(1) Have received on-the-job training, including practical field
experience in blasting operations, from a blaster or the equivalent for
2 out of the 3 years preceding the submission of his or her application;
and
(2) Have obtained from the blaster or the equivalent, the relevant
employer, or other knowledgable source, satisfactory evidence of having
received on-the-job training in accordance with paragraph(a)(1) of this
section.
(b) Training course. Except as provided in 955.14(c) for
reexamination, each applicant for the issuance or reissuance of an OSM
blaster certificate shall:
(1) Within 2 years prior to submitting an application, have completed
a training course as follows:
(i) For certificate issuance the course shall cover the technical
aspects of blasting operations and State and Federal laws governing the
storage, transportation and use of explosives, including the topics
specified in 850.13(b) of this chapter; or
(ii) For certificate reissuance the course shall cover any
significant changes that have occurred in the topics specified in
850.13(b) of this chapter since the applicant last completed a course
that was accepted by OSM for the issuance or reissuance of an OSM
blaster certificate. If OSM determines that no siginficant changes have
occurred, OSM may waive this requirement; and
(2) Have obtained from the training provider satisfactory evidence
that he or she has completed training in accordance with paragraph(b)(1)
of this section.
(c) Availability. OSM shall ensure that courses are available as
provided in 850.13(b) of this chapter to train persons subject to this
part who are responsible for the use of explosives in surface coal
mining operations.
30 CFR 955.13 Application.
(a) Submission procedures. Any person seeking an OSM blaster
certificate shall:
(1) Complete and submit to OSM an application on the form prescribed
by paragraph (b) of this section;
(2) Include as part of the application a nonrefundable fee as
follows:
(i) Issuance or reissuance $122
(ii) Reexamination $61
(iii) Renewal $61
(iv) Replacement $28
(v) Reciprocity $61;
(3) For certificate issuance or reissuance, include as part of the
application satisfactory evidence of having completed training as
provided in 955.12;
(4) For certificate issuance or reissuance, specify in the
application the date when the applicant desires to take a previously
scheduled examination; and
(5) Submit the application in advance of the date of examination, or
of certificate expiration, as follows:
(i) For certificate issuance, not less than 60 days before the date
on which the applicant desires to take a previously scheduled
examination;
(ii) For certificate renewal, not less than 60 days before the
expiration date of the applicant's current certificate;
(iii) For certificate reissuance, not less than 60 days before the
date on which the applicant desires to take a previously scheduled
examination that will be held at least 60 days before the expiration
date of the applicant's current certificate; or
(iv) For a certificate through reciprocity, not less than 45 days
before the expiration date of the applicant's current certificate.
(b) Application form. OSM shall make available to any person seeking
an OSM blaster certificate an application form and instructions for its
completion. The form shall include a statement in accordance with law
that the information provided is true and accurate to the best knowledge
and belief of the applicant, and shall require the signature of the
applicant.
30 CFR 955.14 Examination.
(a) Certificate issuance or reissuance. After submitting an
application, each applicant for the issuance or reissuance of an OSM
blaster certificate shall pass a written examination, as provided in
paragraph (b) of this section.
(b) Administration and content. (1) On a regular basis OSM shall
schedule and hold a written examination on the technical aspects of
blasting operations and State and Federal laws governing the storage,
transportation and use of explosives, as provided in 850.14 of this
chapter.
(2) The examination at a minimum shall cover the topics specified in
850.13(b) of this chapter, and shall include:
(i) Objective questions;
(ii) Blasting log problems; and
(iii) Initiation system and delay sequence problems.
(c) Reexamination. (1) Any person who fails the examination may
apply to OSM for reexamination by submitting a new application,
including the prescribed fee, but no person may take the examination
more than 2 times in any 12-month period.
(2) Any person who fails the examination and submits a new
application within 2 years of completing training as provided in
955.12(a) need not repeat, or resubmit evidence of having completed,
training.
(d) Failure to attend. Except where the applicant shows and OSM
finds good cause, OSM may reject the pending application of any
applicant who fails to take the examination after OSM has granted his or
her request for admission.
30 CFR 955.15 Certification
(a) Processing of application. (1) Upon receiving an application for
an OSM blaster certificate OSM shall:
(i) Notify the applicant of the receipt of, and of any deficiency in,
the application.
(ii) Where applicable, notify the applicant that his or her request
for admission to a scheduled examination either is granted or denied.
(2) When OSM determines that an applicant has failed to qualify for
an OSM blaster certificate, OSM shall reject his or her application and
notify him or her accordingly.
(b) Grant of certificate. OSM shall:
(1) Issue or reissue an OSM blaster certificate to any qualified
applicant who completes the applicable training, passes the examination,
and is found by OSM to be competent and to have the necessary knowledge
and experience to accept responsibility for blasting operations;
(2) Renew one time the issued or reissued OSM blaster certificate of
any qualified applicant;
(3) Replace the OSM blaster certificate of any qualified applicant
who presents satisfactory evidence that his or her certificate was lost
or destroyed;
(4) Grant an OSM blaster certificate through reciprocity as provided
in 955.16; or
(5) Reinstate a suspended, or reissue a revoked OSM blaster
certificate as provided in 955.17(e).
(c) Term of certificate. OSM shall grant an OSM blaster certificate
for a term to expire as follows:
(1) Issuance -- 3 years after issue date;
(2) Renewal -- 3 years after expiration date of applicant's current
or expired certificate;
(3) Reissuance -- 3 years after expiration date of applicant's
current or expired certificate;
(4) Replacement -- same expiration date as replaced certificate; or
(5) Reciprocity -- 60 days after expiration date of corresponding
State certificate.
(d) Limits on renewal. (1) OSM shall not renew an OSM blaster
certificate more than 1 time. A blaster who seeks to extend a renewed
certificate may apply to OSM for certificate reissuance.
(2) OSM shall not renew an OSM blaster certificate that expired more
than 1 year prior to the date of an application for renewal. An
applicant who desires to extend a certificate that expired more than 1
year prior to the date of his or her application may apply to OSM for
certificate reissuance.
(e) Temporary certificate. Upon request of an applicant who
demonstrates that his or her current OSM blaster certificate is about to
expire, or expired within 30 days prior to the date of his or her
application, for reasons beyond his or her control, OSM may issue a
non-renewable temporary OSM blaster certificate for a maximum term of 90
days.
(f) Conditions of certification. Any person who holds an OSM blaster
certificate shall comply with the conditions specified in 850.15 (d)
and (e) of this chapter.
(g) Change of address. Any person who holds an OSM blaster
certificate shall notify OSM in writing within 30 days of any change in
his or her address.
30 CFR 955.16 Reciprocity.
(a) Grant of certificate. OSM shall grant an OSM blaster certificate
through reciprocity to any qualified applicant who demonstrates that he
or she, and whom OSM finds, holds a current State blaster certificate
granted by a State regulatory authority under an OSM-approved State
blaster certification program. An applicant for a certificate through
reciprocity need not otherwise demonstrate that he or she meets the age,
experience, knowledge, competence, training or examination requirements
of this part.
(b) Subsequent certificate. (1) Any person who holds an OSM blaster
certificate granted through reciprocity may qualify for a subsequent
certificate either through reciprocity or by meeting directly the
applicable requirements of this part for certificate issuance, renewal
or reissuance.
(2) OSM shall not recognize a certificate granted through reciprocity
as qualifying an applicant for certificate issuance, renewal or
reissuance.
30 CFR 955.17 Suspension and revocation.
(a) Cause, nature and duration. (1) OSM may, and upon a finding of
willful conduct of the blaster OSM shall, suspend for a definite or
indefinite period, revoke or take other necessary action on the
certificate of an OSM-certified blaster for any of the reasons specified
in 850.15(b) of this chapter.
(2) Where OSM has reliable information which demonstrates that the
storage, transportation or use of explosives by an OSM-certified blaster
is likely to threaten public safety or the environment, OSM shall
suspend his or her certificate as soon as is practicable.
(3) OSM shall make the nature and duration of a suspension,
revocation or other action under this section commensurate with the
cause of the action and what the person whose certificate is subjected
to the action does to correct it.
(b) Notice and hearing. When practicable, OSM shall give a
certificate holder written notice and an opportunity for an informal
hearing prior to suspending, revoking or taking other action on his or
her OSM blaster certificate. OSM shall limit any action taken without
such notice and opportunity to a temporary suspension for a maximum term
of 90 days pending a decision on a final suspension, revocation or other
action after such notice and opportunity have been provided.
(c) Decision and appeal. By certified mail within 30 days after
giving written notice and an opportunity for an informal hearing, OSM
shall notify the certificate holder in writing of its final decision on
his or her OSM blaster certificate, including the reasons for any
suspension, revocation or other action. If the certificate was granted
through reciprocity, OSM shall notify the State regulatory authority of
its action. In any decision suspending, revoking or taking other action
on an OSM blaster certificate, OSM shall grant to the certificate holder
the right of appeal to the Department of the Interior Board of Land
Appeals under 43 CFR 4.1280 to 4.1286.
(d) Surrender of certificate. Upon receiving written notice that his
or her OSM blaster certificate was suspended, revoked or subjected to
other action, a certificate holder immediately shall surrender the
certificate to OSM in the manner specified in the notice.
(e) Reinstatement and reissuance. (1) OSM shall reinstate a
suspended OSM blaster certificate by returning the certificate to the
former certificate holder with notice of reinstatement when:
(i) The term of a definite suspension expires; or
(ii) The former certificate holder demonstrates, and OSM finds, that
the cause of an indefinite suspension has been corrected.
(2) OSM shall reissue an OSM blaster certificate to an applicant
whose certificate was revoked if his or her application demonstrates,
and OSM finds, that:
(i) The cause of the revocation has been corrected; and
(ii) The applicant meets all other applicable requirements of this
part.
(f) Conformance with State action. OSM shall suspend, revoke or take
other commensurate action on an OSM blaster certificate granted through
reciprocity if the State regulatory authority suspends, revokes or takes
other action on the corresponding State certificate.
(51 FR 19462, May 29, 1986; 51 FR 22282, June 19, 1986)
30 CFR 955.17 FINDING AIDS
A list of CFR titles, subtitles, chapters, subchapters and parts and
an alphabetical list of agencies publishing in the CFR are included in
the CFR Index and Finding Aids volume to the Code of Federal Regulations
which is published separately and revised annually.
Material Approved for Incorporation by Reference
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected
Title 30 -- Mineral Resources
Material Approved for Incorporation by Reference
Material Approved for Incorporation by Reference
The Director of the Federal Register has approved under 5 U.S.C.
552(a) and 1 CFR Part 51 the incorporation by reference of the following
publications. This list contains only those incorporations by reference
effective as of the revision date of this volume. Incorporations by
reference found within a regulation are effective upon the effective
date of that regulation. For more information on incorporation by
reference, see the preliminary pages of this volume.
30 CFR 955.17 30 CFR CHAPTER VII (PARTS 700 TO 999)
OFFICE OF SURFACE MINING, DEPARTMENT OF THE INTERIOR
30 CFR
American Public Health Association
1015 18th St., N.W., Washington, DC 20036
APHA Methods for the Examination of Water and Waste Water, 15th Ed.,
1980 780.21; 784.14
American Society for Testing and Materials
1916 Race St., Philadelphia, PA 19103
D 388-77 Classification of Coals by Rank -- 1977 700.5
American Society of Civil Engineers
345 E. 47th St., New York, NY 10017
The Journal of the Irrigation and Drainage Division, American Society
of Civil Engineers, ''Crop Salt Tolerance-Current Assessment'' by Maas
and Hoffman -- 1977 785.19
Soil Conservation Service, Department of Agriculture
The following publications are available through the Superintendent
of Documents, Government Printing Office, Washington, DC 20402
Agricultural Handbook No. 18, ''Soil Survey Manual'' -- 1951 and
amendments of Dec. 18, 1979, May 7, 1980, May 9, 1980, Sept. 11, 1980,
June 9, 1981, June 29, 1981, Nov. 16, 1982 785.17
Agricultural Handbook No. 436, ''Soil Taxonomy'' -- 1975 and
amendments of Mar. 22, 1982, and Oct. 5, 1982 785.17
Chap.
30 CFR 955.17 Table of CFR Titles and Chapters
30 CFR 955.17 Title 1 -- General Provisions
I Administrative Committee of the Federal Register (Parts 1 -- 49)
II Office of the Federal Register (Parts 50 -- 299)
III Administrative Conference of the United States (Parts 300 -- 399)
IV Miscellaneous Agencies (Parts 400 -- 500)
30 CFR 955.17 Title 2 -- (Reserved)
30 CFR 955.17 Title 3 -- The President
I Executive Office of the President (Parts 100 -- 199)
30 CFR 955.17 Title 4 -- Accounts
I General Accounting Office (Parts 1 -- 99)
II Federal Claims Collection Standards (General Accounting Office --
Department of Justice) (Parts 100 -- 299)
30 CFR 955.17 Title 5 -- Administrative Personnel
I Office of Personnel Management (Parts 1 -- 1199)
II Merit Systems Protection Board (Parts 1200 -- 1299)
III Office of Management and Budget (Parts 1300 -- 1399)
IV Advisory Committee on Federal Pay (Parts 1400 -- 1499)
V The International Organizations Employees Loyalty Board (Parts 1500
-- 1599)
VI Federal Retirement Thrift Investment Board (Parts 1600 -- 1699)
VII Advisory Commission on Intergovernmental Relations (Parts 1700 --
1799)
VIII Office of Special Counsel (Parts 1800 -- 1899)
IX Appalachian Regional Commission (Parts 1900 -- 1999)
XI United States Soldiers' and Airmen's Home (Parts 2100 -- 2199)
XIV Federal Labor Relations Authority, General Counsel of the Federal
Labor Relations Authority and Federal Service Impasses Panel (Parts 2400
-- 2499)
XV Office of Administration, Executive Office of the President (Parts
2500 -- 2599)
XVI Office of Government Ethics (Parts 2600 -- 2699)
30 CFR 955.17 Title 6 -- (Reserved)
30 CFR 955.17 Title 7 -- Agriculture
Subitle A -- Office of the Secretary of Agriculture (Parts 0 -- 26)
Subitle B -- Regulations of the Department of Agriculture
I Agricultural Marketing Service (Standards, Inspections, Marketing
Practices), Department of Agriculture (Parts 27 -- 209)
II Food and Nutrition Service, Department of Agriculture (Parts 210
-- 299)
III Animal and Plant Health Inspection Service, Department of
Agriculture (Parts 300 -- 399)
IV Federal Crop Insurance Corporation, Department of Agriculture
(Parts 400 -- 499)
V Agricultural Research Service, Department of Agriculture (Parts 500
-- 599)
VI Soil Conservation Service, Department of Agriculture (Parts 600 --
699)
VII Agricultural Stabilization and Conservation Service (Agricultural
Adjustment), Department of Agriculture (Parts 700 -- 799)
VIII Federal Grain Inspection Service, Department of Agriculture
(Parts 800 -- 899)
IX Agricultural Marketing Service (Marketing Agreements and Orders;
Fruits, Vegetables, Nuts), Department of Agriculture (Parts 900 -- 999)
X Agricultural Marketing Service (Marketing Agreements and Orders;
Milk), Department of Agriculture (Parts 1000 -- 1199)
XI Agricultural Marketing Service (Marketing Agreements and Orders;
Miscellaneous Commodities), Department of Agriculture (Parts 1200 --
1299)
XIV Commodity Credit Corporation, Department of Agriculture (Parts
1400 -- 1499)
XV Foreign Agricultural Service, Department of Agriculture (Parts
1500 -- 1599)
XVI Rural Telephone Bank, Department of Agriculture (Parts 1600 --
1699)
XVII Rural Electrification Administration, Department of Agriculture
(Parts 1700 -- 1799)
XVIII Farmers Home Administration, Department of Agriculture (Parts
1800 -- 2099)
XXI Foreign Economic Development Service, Department of Agriculture
(Parts 2100 -- 2199)
XXII Office of International Cooperation and Development, Department
of Agriculture (Parts 2200 -- 2299)
XXV Office of the General Sales Manager, Department of Agriculture
(Parts 2500 -- 2599)
XXVI Office of Inspector General, Department of Agriculture (Parts
2600 -- 2699)
XXVII Office of Information Resources Management, Department of
Agriculture (Parts 2700 -- 2799)
XXVIII Office of Operations, Department of Agriculture (Parts 2800 --
2899)
XXIX Office of Energy, Department of Agriculture (Parts 2900 -- 2999)
XXX Office of Finance and Management, Department of Agriculture
(Parts 3000 -- 3099)
XXXI Office of Environmental Quality, Department of Agriculture
(Parts 3100 -- 3199)
XXXII Office of Grants and Program Systems, Department of Agriculture
(Parts 3200 -- 3299)
XXXIII Office of Transportation, Department of Agriculture (Parts
3300 -- 3399)
XXXIV Cooperative State Research Service, Department of Agriculture
(Parts 3400 -- 3499)
XXXVI National Agricultural Statistics Service, Department of
Agriculture (Parts 3600 -- 3699)
XXXVII Economic Research Service, Department of Agriculture (Parts
3700 -- 3799)
XXXVIII World Agricultural Outlook Board, Department of Agriculture
(Parts 3800 -- 3899)
XXXIX Economic Analysis Staff, Department of Agriculture (Parts 3900
-- 3999)
XL Economics Management Staff, Department of Agriculture (Parts 4000
-- 4099)
XLI National Agricultural Library, Department of Agriculture (Part
4100)
30 CFR 955.17 Title 8 -- Aliens and Nationality
I Immigration and Naturalization Service, Department of Justice
(Parts 1 -- 499)
30 CFR 955.17 Title 9 -- Animals and Animal Products
I Animal and Plant Health Inspection Service, Department of
Agriculture (Parts 1 -- 199)
II Packers and Stockyards Administration, Department of Agriculture
(Parts 200 -- 299)
III Food Safety and Inspection Service, Meat and Poultry Inspection,
Department of Agriculture (Parts 300 -- 399)
30 CFR 955.17 Title 10 -- Energy
I Nuclear Regulatory Commission (Parts 0 -- 199)
II Department of Energy (Parts 200 -- 699)
III Department of Energy (Parts 700 -- 999)
X Department of Energy (General Provisions) (Parts 1000 -- 1099)
XV Office of the Federal Inspector for the Alaska Natural Gas
Transportation System (Parts 1500 -- 1599)
XVII Defense Nuclear Facilities Safety Board (Parts 1700 -- 1799)
30 CFR 955.17 Title 11 -- Federal Elections
I Federal Election Commission (Parts 1 -- 9099)
30 CFR 955.17 Title 12 -- Banks and Banking
I Comptroller of the Currency, Department of the Treasury (Parts 1 --
199)
II Federal Reserve System (Parts 200 -- 299)
III Federal Deposit Insurance Corporation (Parts 300 -- 399)
IV Export-Import Bank of the United States (Parts 400 -- 499)
V Office of Thrift Supervision, Department of The Treasury (Parts 500
-- 599)
VI Farm Credit Administration (Parts 600 -- 699)
VII National Credit Union Administration (Parts 700 -- 799)
VIII Federal Financing Bank (Parts 800 -- 899)
IX Federal Housing Finance Board (Parts 900 -- 999)
XI Federal Financial Institutions Examination Council (Parts 1100 --
1199)
XIII Farm Credit System Assistance Board (Parts 1300 -- 1399)
XIV Farm Credit System Insurance Corporation (Parts 1400 -- 1499)
XV Thrift Depositor Protection Oversight Board (Parts 1500 -- 1599)
XVI Resolution Trust Corporation (Parts 1600 -- 1699)
30 CFR 955.17 Title 13 -- Business Credit and Assistance
I Small Business Administration (Parts 1 -- 199)
III Economic Development Administration, Department of Commerce
(Parts 300 -- 399)
30 CFR 955.17 Title 14 -- Aeronautics and Space
I Federal Aviation Administration, Department of Transportation
(Parts 1 -- 199)
II Office of the Secretary, Department of Transportation (Aviation
Proceedings) (Parts 200 -- 399)
III Office of Commercial Space Transportation, Department of
Transportation (Parts 400 -- 499)
V National Aeronautics and Space Administration (Parts 1200 -- 1299)
30 CFR 955.17 Title 15 -- Commerce and Foreign Trade
Subitle A -- Office of the Secretary of Commerce (Parts 0 -- 29)
Subitle B -- Regulations Relating to Commerce and Foreign Trade
I Bureau of the Census, Department of Commerce (Parts 30 -- 199)
II National Institute of Standards and Technology, Department of
Commerce (Parts 200 -- 299)
III International Trade Administration, Department of Commerce (Parts
300 -- 399)
IV Foreign-Trade Zones Board (Parts 400 -- 499)
VII Bureau of Export Administration, Department of Commerce (Parts
700 -- 799)
VIII Bureau of Economic Analysis, Department of Commerce (Parts 800
-- 899)
IX National Oceanic and Atmospheric Administration, Department of
Commerce (Parts 900 -- 999)
XI Technology Administration, Department of Commerce (Parts 1100 --
1199)
XII United States Travel and Tourism Administration, Department of
Commerce (Parts 1200 -- 1299)
XIII East-West Foreign Trade Board (Parts 1300 -- 1399)
XIV Minority Business Development Agency (Parts 1400 -- 1499)
Subitle C -- Regulations Relating to Foreign Trade Agreements
XX Office of the United States Trade Representative (Parts 2000 --
2099)
Subitle D -- Regulations Relating to Telecommunications and
Information
XXIII National Telecommunications and Information Administration,
Department of Commerce (Parts 2300 -- 2399)
30 CFR 955.17 Title 16 -- Commercial Practices
I Federal Trade Commission (Parts 0 -- 999)
II Consumer Product Safety Commission (Parts 1000 -- 1799)
30 CFR 955.17 Title 17 -- Commodity and Securities Exchanges
I Commodity Futures Trading Commission (Parts 1 -- 199)
II Securities and Exchange Commission (Parts 200 -- 399)
IV Department of the Treasury (Parts 400 -- 499)
30 CFR 955.17 Title 18 -- Conservation of Power and Water Resources
I Federal Energy Regulatory Commission, Department of Energy (Parts 1
-- 399)
III Delaware River Basin Commission (Parts 400 -- 499)
VI Water Resources Council (Parts 700 -- 799)
VIII Susquehanna River Basin Commission (Parts 800 -- 899)
XIII Tennessee Valley Authority (Parts 1300 -- 1399)
30 CFR 955.17 Title 19 -- Customs Duties
I United States Customs Service, Department of the Treasury (Parts 1
-- 199)
II United States International Trade Commission (Parts 200 -- 299)
III International Trade Administration, Department of Commerce (Parts
300 -- 399)
30 CFR 955.17 Title 20 -- Employees' Benefits
I Office of Workers' Compensation Programs, Department of Labor
(Parts 1 -- 199)
II Railroad Retirement Board (Parts 200 -- 399)
III Social Security Administration, Department of Health and Human
Services (Parts 400 -- 499)
IV Employees' Compensation Appeals Board, Department of Labor (Parts
500 -- 599)
V Employment and Training Administration, Department of Labor (Parts
600 -- 699)
VI Employment Standards Administration, Department of Labor (Parts
700 -- 799)
VII Benefits Review Board, Department of Labor (Parts 800 -- 899)
VIII Joint Board for the Enrollment of Actuaries (Parts 900 -- 999)
IX Office of the Assistant Secretary for Veterans' Employment and
Training, Department of Labor (Parts 1000 -- 1099)
30 CFR 955.17 Title 21 -- Food and Drugs
I Food and Drug Administration, Department of Health and Human
Services (Parts 1 -- 1299)
II Drug Enforcement Administration, Department of Justice (Parts 1300
-- 1399)
30 CFR 955.17 Title 22 -- Foreign Relations
I Department of State (Parts 1 -- 199)
II Agency for International Development, International Development
Cooperation Agency (Parts 200 -- 299)
III Peace Corps (Parts 300 -- 399)
IV International Joint Commission, United States and Canada (Parts
400 -- 499)
V United States Information Agency (Parts 500 -- 599)
VI United States Arms Control and Disarmament Agency (Parts 600 --
699)
VII Overseas Private Investment Corporation, International
Development Cooperation Agency (Parts 700 -- 799)
IX Foreign Service Grievance Board Regulations (Parts 900 -- 999)
X Inter-American Foundation (Parts 1000 -- 1099)
XI International Boundary and Water Commission, United States and
Mexico, United States Section (Parts 1100 -- 1199)
XII United States International Development Cooperation Agency (Parts
1200 -- 1299)
XIII Board for International Broadcasting (Parts 1300 -- 1399)
XIV Foreign Service Labor Relations Board; Federal Labor Relations
Authority; General Counsel of the Federal Labor Relations Authority;
and the Foreign Service Impasse Disputes Panel (Parts 1400 -- 1499)
XV African Development Foundation (Parts 1500 -- 1599)
XVI Japan-United States Friendship Commission (Parts 1600 -- 1699)
30 CFR 955.17 Title 23 -- Highways
I Federal Highway Administration, Department of Transportation (Parts
1 -- 999)
II National Highway Traffic Safety Administration and Federal Highway
Administration, Department of Transportation (Parts 1200 -- 1299)
III National Highway Traffic Safety Administration, Department of
Transportation (Parts 1300 -- 1399)
30 CFR 955.17 Title 24 -- Housing and Urban Development
Subitle A -- Office of the Secretary, Department of Housing and Urban
Development (Parts 0 -- 99)
Subitle B -- Regulations Relating to Housing and Urban Development
I Office of Assistant Secretary for Equal Opportunity, Department of
Housing and Urban Development (Parts 100 -- 199)
II Office of Assistant Secretary for Housing-Federal Housing
Commissioner, Department of Housing and Urban Development (Parts 200 --
299)
III Government National Mortgage Association, Department of Housing
and Urban Development (Parts 300 -- 399)
V Office of Assistant Secretary for Community Planning and
Development, Department of Housing and Urban Development (Parts 500 --
599)
VI Office of Assistant Secretary for Community Planning and
Development, Department of Housing and Urban Development (Parts 600 --
699)
VII Office of the Secretary, Department of Housing and Urban
Development (Section 8 Housing Assistance Programs and Public and Indian
Housing Programs) (Parts 700 -- 799)
VIII Office of the Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Section 8
Housing Assistance Programs and Section 202 Direct Loan Program) (Parts
800 -- 899)
IX Office of Assistant Secretary for Public and Indian Housing,
Department of Housing and Urban Development (Parts 900 -- 999)
X Office of Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Interstate
Land Sales Registration Program) (Parts 1700 -- 1799)
XI Solar Energy and Energy Conservation Bank, Department of Housing
and Urban Development (Parts 1800 -- 1899)
XII Office of Inspector General, Department of Housing and Urban
Development (Parts 2000 -- 2099)
XV Mortgage Insurance and Loan Programs under the Emergency
Homeowners' Relief Act, Department of Housing and Urban Development
(Parts 2700 -- 2799)
XX Office of Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Parts 3200 --
3699)
XXV Neighborhood Reinvestment Corporation (Parts 4100 -- 4199)
30 CFR 955.17 Title 25 -- Indians
I Bureau of Indian Affairs, Department of the Interior (Parts 1 --
299)
II Indian Arts and Crafts Board, Department of the Interior (Parts
300 -- 399)
III National Indian Gaming Commission (Parts 500 -- 599)
IV Office of Navajo and Hopi Indian Relocation (Parts 700 -- 799)
30 CFR 955.17 Title 26 -- Internal Revenue
I Internal Revenue Service, Department of the Treasury (Parts 1 --
799)
30 CFR 955.17 Title 27 -- Alcohol, Tobacco Products and Firearms
I Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury
(Parts 1 -- 299)