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An
Overview
Of
SMCRA
Regulations
Applied
To
CCBs
SMCRA
did
not
directly
contemplate
the
disposal
of
solid
wastes
in
a
coal
mine,
other
than
wastes
generated
by
coal
mining
operations
(
i.
e.,
coal
processing
waste,
non­
coal
mine
waste,
underground
development
waste,
and
spoil).
CCBs
are
directly
referenced
in
OSM's
regulations
only
at
30
CFR
§
817.41(
h)(
2)(
iii)
and
(
v),
which
specifies
"
fly
ash"
and
"
flue­
gas
desulfurization
sludge"
as
two
of
the
seven
allowable
types
of
discharges
into
an
underground
coal
mine.
This
is
not
a
blanket
approval.

In
the
same
vein,
the
lack
of
direct
regulations
for
the
placement
of
CCBs
in
coal
mines
does
not
counteract
the
application
of
SMCRA
to
regulating
CCB
placement
in
coal
mines.
All
permitting
and
performance
regulatory
standards
apply
to
CCBs
and
any
other
materials
that
may
be
placed
in
coal
mines.

Purposes
of
SMCRA
The
purposes
are
given
in
the
Act
as
follows,
30
U.
S.
C.
1202:
 
Establish
a
nationwide
program
to
protect
society
and
the
environment
from
the
adverse
effects
of
surface
coal
mining
operations.
 
Assure
that
the
rights
of
surface
landowners
and
other
persons
with
a
legal
interest
in
the
land
or
appurtenances
thereto
are
fully
protected
from
such
operations.
 
Assure
that
surface
mining
operations
are
not
conducted
where
reclamation
as
required
by
the
Act
is
not
feasible.
 
Assure
that
surface
coal
mining
operations
are
so
conducted
as
to
protect
the
environment.
 
Assure
that
adequate
procedures
are
undertaken
to
reclaim
surface
areas
as
contemporaneously
as
possible
with
the
surface
coal
mining
operations.
 
Assure
that
the
coal
supply
essential
to
the
Nation's
energy
requirements,
and
to
its
economic
and
social
well­
being
is
provided
and
strike
a
balance
between
protection
of
the
environment
and
agricultural
productivity
and
the
Nation's
need
for
coal
as
an
essential
source
of
energy.
 
Assist
the
States
in
developing
and
implementing
a
program
to
achieve
the
purposes
of
the
Act.
 
Promote
the
reclamation
of
mined
areas
left
without
adequate
reclamation
prior
to
the
enactment
of
the
Act
and
which
continue,
in
their
unreclaimed
condition,
to
substantially
degrade
the
quality
of
the
environment,
prevent
or
damage
the
beneficial
use
of
land
or
water
resources,
or
endanger
the
health
or
safety
of
the
public.
 
Assure
that
appropriate
procedures
are
provided
for
the
public
participation
in
the
development,
revision,
and
enforcement
of
regulations,
standards,
reclamation
plans,
or
programs
established
by
the
Secretary
or
any
State
under
the
Act.
 
Provide
a
means
for
development
of
the
data
and
analyses
necessary
to
establish
effective
and
reasonable
regulation
of
surface
mining
operations
for
other
minerals.
 
Encourage
the
full
utilization
of
coal
resources
through
the
development
and
application
of
underground
extraction
technologies.
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Stimulate,
sponsor,
provide
for
and/
or
supplement
present
programs
for
the
conduct
of
research
investigations,
experiments,
and
demonstrations,
in
the
exploration,
extraction,
processing,
development,
and
production
of
minerals
and
the
training
of
mineral
engineers
and
scientists
in
the
field
of
mining,
minerals
resources,
and
technology,
and
the
establishment
of
an
appropriate
research
and
training
center
in
various
States.
 
Wherever
necessary,
exercise
the
full
reach
of
Federal
constitutional
powers
to
insure
the
protection
of
the
public
interest
through
effective
control
of
surface
coal
mining
operations.

Regulatory
Program
Responsibility
The
placement
of
coal
combustion
by­
products
at
a
SMCRA
mine
site
would
not
be
exempt
from
any
of
the
OSM
regulations
contained
at
30
CFR
Part
700
to
end.
The
following
regulations
highlight
those
that
would
be
expected
to
apply
in
most
cases.

 
State
Pre­
eminence,
§
701.4.
A
state
regulatory
authority
has
primary
regulatory
responsibility
for
coal
exploration
and
surface
coal
mining
and
reclamation
operations
during
the
permanent
regulatory
program.
Once
the
State
program
is
in
effect,
the
Office
(
Office
of
Surface
Mining
or
OSM)
has
an
oversight
function
to
evaluate
the
administration
of
those
programs.
OSM
must
institute
a
federal
regulatory
program
in
a
state
that
does
not
have
a
program,
for
Federal
lands
and
Indian
lands.

 
Mining
Restriction,
§
773.4(
a).
<<
Once
a
state
regulatory
program
is
effective,
no
person
shall
engage
in
or
carry
out
any
surface
coal
mining
operations,
unless
such
person
has
first
obtained
a
permit
issued
by
the
regulatory
authority.

 
Cumulative
Hydrologic
Impact
Assessment,
§
780.21(
g).
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.

Definition
of
Terms
Applicable
terms
defined
at
§
701.5
Affected
Area
Aquifer
Best
Technology
Currently
Available
Cumulative
Impact
Area
Disturbed
Area
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Drinking,
domestic
or
residential
water
supply
Fugitive
Dust
Ground
Water
Hydrologic
balance
Hydrologic
regime
Imminent
danger
to
the
health
and
safety
of
the
public
Irreparable
damage
to
the
environment
Material
damage
Materially
damage
the
quantity
or
quality
of
water
Recharge
capacity
Replacement
of
water
supply
Significant,
imminent
environmental
harm
to
land,
air,
or
water
resources
Toxic
forming
materials
Water
table
Permitting
Requirements
Permits:
General
 
Permit
Required,
§
773.4.
<<
All
coal
mining
operations
must
obtain
a
permit
issued
by
the
regulatory
authority.

 
Application
Of
Standards,
§
701.11(
d).
The
permanent
program
performance
standards
will
apply
to
all
permits
at
the
earliest
date
a
permit
is
required
to
be
obtained.

 
Coverage
Of
Activities,
§
773.17(
a).
All
surface
coal
mining
and
reclamation
operations
will
be
conducted
on
those
lands
designated
in
the
permit,
(
b)
only
as
described
in
the
approved
application
and
(
c)
in
compliance
with
all
applicable
performance
standards.

 
Technical
Data
References,
§
777.13.
Technical
data
submitted
for
the
application
will
be
accompanied
by
the
names
of
persons
or
organizations
that
collected
and
analyzed
the
data,
dates
and
descriptions
of
the
methodology.
Analyses
will
be
planned
by
or
under
the
direction
of
a
professional
qualified
in
the
subject
to
be
analyzed.

 
Completeness
Of
Application,
§
777.15.
References
minimum
information
required
for
an
application
to
be
considered
complete.
Additional
information
can
still
be
required
by
the
regulatory
authority
on
a
site
by
site
need.

 
Right­
Of­
Entry
Information,
§
778.15.
A
description
of
the
documents
used
by
the
applicant
to
establish
his
legal
right
to
enter
and
begin
mining
and
reclamation
operations
in
the
permit
area.
The
description
will
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include
any
pending
litigation.
Where
the
mineral
estate
has
been
severed
from
the
private
surface
estate,
written
consent
of
the
surface
owner
or
other
documents
establishing
the
operator's
right
to
mine
the
coal.

 
Status
Of
Unsuitability
Claims,
§
778.16
Available
information
will
be
provided
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.
Supporting
information
for
the
exemption
in
§
762.13(
c)
of
substantial
legal
and
financial
commitments
in
surface
coal
mining
operations
were
in
existence
prior
to
January
4,
1977
will
be
provided.

 
Permit
Term,
§
778.17.
The
application
will
state
the
anticipated
or
actual
starting
and
termination
date
of
each
phase
of
the
surface
coal
mining
and
reclamation
operation
and
the
anticipated
acreage
to
be
affected
during
each
phase
over
the
life
of
the
mine.

Site
Characterization
 
Environmental
Resources,
§
779.11
&
§
783.11
A
description
of
the
existing,
premining
environmental
resources
within
the
proposed
permit
area
and
adjacent
areas
that
may
be
affected
or
impacted
by
mining
activity.

 
Climate
Data,
§
779.18
&
§
783.18.
Climatological
information,
when
requested
by
the
regulatory
authority,
representative
of
the
proposed
permit
area
such
average
seasonal
precipitation
or
the
average
direction
and
velocity
of
prevailing
winds..

 
Soil
Resources,
§
779.21(
a)
&
§
783.21(
a).
Adequate
soil
survey
information
will
be
provided
for
affected
areas
in
the
permit
area.

 
General
Features,
§
779.24
&
§
783.24
Land
boundaries,
ownerships,
structures,
roads
and
water
will
be
shown
on
maps.
This
can
include
any
other
relevant
information
required
by
the
regulatory
authority.

 
Surface
Water
Movement,
§
779.24(
g)
&
§
783.24(
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
RA,
and
those
surface
waters
which
will
receive
discharges
from
affected
areas
in
the
proposed
permit
area.

 
Water
Monitoring
Stations,
§
779.25(
a)(
2)
§
783.25(
a)(
2).
The
elevations
and
locations
of
monitoring
stations
used
to
gather
data
for
water
quality
and
quantity.
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Ground
Water,
§
779.25(
a)(
6)
§
783.25(
a)(
6)
Location
and
extent
of
sub­
surface
water,
if
encountered,
within
the
proposed
permit
or
adjacent
areas.

 
Water,
Water
Bodies
And
Structures,
§
779.25(
a)(
7)
§
783.25(
a)(
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.

 
Identification
Of
Placement
Areas,
§
779.25(
a)(
9)
&
§
783.25(
a)(
9).
Location
and
dimensions
of
existing
areas
of
spoil,
waste,
and
non­
coal
waste
disposal
within
the
proposed
permit
area.

 
Fish
And
Wildlife
Information,
§
780.16
&
§
784.21.
Applications
will
include
fish
and
wildlife
resource
information
for
the
permit
area
and
adjacent
area
including
species,
habitats
and
protective
measures.

Operational
Plan
 
Material
Handling,
§
780.11(
b)(
4)
§
784.11(
b)(
4).
A
narrative
explaining
the
construction,
modification,
use,
maintenance,
and
removal
of,
among
other
items,
spoil,
coal
processing
waste,
and
non­
coal
waste
removal,
handling,
storage,
transportation,
and
disposal
areas
and
structures.

 
Pollution
Control,
§
780.11,
§
780.15,
§
780.18,
§
784.11,
§
784.13.
A
narrative
description
of
water
and
air
pollution
controls
for
surface
mining,
§
780.11(
b)(
6)
and
a
description
of
water
pollution
control
facilities
for
underground
mining
surface
facilities,
§
784.11(
b)(
6).
A
control
plan
for
fugitive
dust
control
practices
is
required,
§
780.15.
Description
of
steps
to
comply
with
the
requirements
of
the
Clean
Air
Act,
§
780.18(
b)(
9)
&
§
784.13(
b)(
9).
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Hydrologic
Information,
§
780.21
&
§
784.14.
 
Sampling
and
analysis
methodology
 
Ground­
water
information
 
Surface­
water
information
 
Probable
hydrologic
consequences
 
Cumulative
hydrologic
impacts:
the
hydrologic
and
geologic
information
necessary
to
access
the
probable
cumulative
hydrologic
impacts
for
the
cumulative
impact
area
 
Modeling:
Modeling
techniques
may
be
used
but
the
regulatory
authority
may
require
the
actual
data
used
to
be
included.
 
Alternative
water
source
information
 
Probable
hydrologic
consequences
 
Whether
acid­
forming
or
toxic­
forming
materials
are
present
that
could
result
in
the
contamination
of
surface
or
ground
water
supplies.
 
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.
 
The
impact
on
acidity,
total
suspended
and
dissolved
solids
and
other
important
water
quality
parameters
of
local
impact
and
other
characteristics
as
required
by
the
regulatory
authority.
 
Cumulative
hydrologic
impact
assessment
with
relevant
data
and
analyses
from
the
applicant.
 
Hydrologic
reclamation
plan.
 
Ground­
water
monitoring
plan.
The
application
shall
include
a
ground­
water
monitoring
plan
based
upon
the
PHC
determination
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.
It
will
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
degree
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.
 
Surface­
water
monitoring
plan.
The
application
shall
include
a
surface­
water
monitoring
plan
based
upon
the
PHC
determination
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
under
the
hydrologic
reclamation
plan
as
well
as
the
effluent
limitations
found
at
40
CFR
part
434.
The
plan
will
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
all
monitoring
locations
in
the
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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
degree
C,
total
suspended
solids,
pH,
total
iron,
total
manganese
and
flow
shall
be
monitored.
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.
The
monitoring
reports
shall
be
submitted
to
the
regulatory
authority
every
3
months.
The
regulatory
authority
may
require
additional
monitoring.

 
Geologic
Information,
§
780.22
&
§
784.22.
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
can
be
accomplished
and
whether
the
proposed
operation
has
been
designed
to
prevent
material
damage
to
the
hydrologic
balance
outside
the
permit
area.
Minimum
geologic
information
is
required
including
chemical
analyses
identifying
those
strata
and
coal
seams
that
may
contain
acid­
or
toxic­
forming
or
alkalinity­
producing
materials
and
to
determine
their
content.
For
coal
seams
this
includes
the
total
sulfur
and
pyritic
sulfur
unless
the
regulatory
authority
may
find
that
the
analysis
for
pyritic
sulfur
content
and
alkalinityproducing
materials
is
unnecessary.
The
regulatory
authority
may
require
the
collection,
analysis
and
description
of
geologic
information
in
addition
to
that
required
under
part
780.22(
b).

 
Maps
and
Plans,
§
780.14
&
§
784.23
Proposed
changes
to
lands
affected
throughout
the
operation
will
be
show
on
the
maps
and
plans.
Some
specific
items
are:
 
Sequence
of
mining
and
reclamation,
§
780.14(
b)(
2)
&
§
784.23(
b)(
2).
 
Bonded
areas,
§
780.14(
b)(
3)
&
§
784.23(
b)(
3).
 
Coal
storage,
topsoil,
spoil,
coal
waste,
and
non­
coal
waste
storage
areas,
§
780.14(
b)(
5)
&
§
784.23(
b)(
5).
 
Water
and
Sedimentation
Control,
§
780.14(
b)(
6)(
11)
&
§
784.23(
b)(
6)(
10).
 
Each
source
of
waste
and
each
waste
disposal
facility
relating
to
coal
processing
or
pollution
control,
&
§
784.23(
b)(
7).
 
Air
pollution
collection
and
control
facilities,
§
780.14(
b)(
7).
 
Location
of
coal
processing
waste,
§
780.14(
b)(
11).

Reclamation
 
Timetable,
§
780.18(
b)(
1).
A
detailed
timetable
for
completing
each
step
of
the
reclamation
plan
is
required
and
would
include
CCBs
when
used
in
the
process.
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Backfill,
§
780.18(
b)(
3)
&
§
784.13(
b)(
3).
A
plan
for
backfilling,
soil
stabilization
compaction
and
grading
is
needed
that
would
include
CCBs
when
used.
The
purpose
is
to
achieve
the
approximate
original
contour
of
the
surface.

 
Soil
Supplements,
§
780.18(
b)(
5)
&
§
784.13(
b)(
4).
A
plan
for
revegetation
will
be
included
and
under
§
816.22(
b)(
4)
nutrients
and
amendments
can
be
added
to
established
the
plant
cover.
Section
§
780.18(
b)(
4)
also
allows
chemical
and
physical
analyses
and
trials
to
demonstrate
suitability,
however
full
topsoil
substitutes
is
limited
by
§
816.22(
b)
to
overburden
materials
and
does
not
include
CCBs.
Also
applies
to
underground
mining
permit
applications
under
§
784.13(
b)(
4).

 
Non­
Coal
Mine
Waste,
§
780.18(
b)(
7)
&
§
784.13(
b)(
7).
Description
of
measures
to
handle
acid­
forming
and
toxic­
forming
materials
in
accordance
with
§
816.89
and
§
816.102.
Creating
a
seal,
encapsulation
using
alkaline
coal
combustion
ash
would
be
an
example.

 
Pollution
Control,
§
780.18(
b)(
9)
&
§
784.13(
b)(
9).
Description
of
steps
to
stay
in
compliance
with
the
Clean
Air
Act,
Clean
Water
Act
and
other
applicable
air
and
water
quality
laws
and
regulations
and
health
and
safety
standards.

 
Post­
Mining
Land
Use,
§
780.23(
b)
&
§
784.15(
b).
A
detailed
description
of
the
proposed
land
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.
This
will
include
explanation
of
the
consideration
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.

Hydrologic
Impacts
 
Probable
Hydrologic
Consequences
(
PHC),
§
780.21(
f)
&
§
784.14(
e).
The
determination
of
probable
impacts
will
include
adverse
impacts
to
the
hydrologic
balance,
whether
acid­
forming
or
toxic­
forming
materials
are
present
that
could
result
in
the
contamination
of
surface
or
ground
water
supplies
and
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.

 
Cumulative
Hydrologic
Impact
Assessment
(
CHIA),
§
780.21(
g)
&
§
784.14(
f).
The
regulatory
authority
shall
provide
an
assessment
of
the
probable
cumulative
hydrologic
impacts
of
the
proposed
operation
and
all
anticipated
mining
upon
surface­
and
ground­
water
systems
in
the
cumulative
impact
area.
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Fugitive
Dust
Controls
 
Fugitive
Dust
Control
Practices.
§
780.15
Air
pollution
control
plan
for
air
quality
monitoring
depending
on
mine
size
and
a
decision
of
the
regulatory
authority.
A
plan
for
fugitive
dust
control
practices,
as
required
under
30CFR
816.95.

Address
CCBs
In
The
Permit.

 
Operation
Plan:
General.
§
780.11.
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.

 
Reclamation
Plan:
General.
§
780.18.
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
30
CFR
Chapter
VII,
and
the
environmental
protection
performance
standards
of
the
regulatory
program.

 
Hydrologic­
Balance
Protection.
§
816.41
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
30
CFR
Chapter
VII,
subchapter
K.
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.

 
Toxic­
Forming
Materials.
§
816.41(
f).
Drainage
from
toxic­
forming
materials
into
surface
water
and
ground
water
shall
be
avoided
by
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.

Permits
Revisions
 
Regulatory
Authority
Permit
Review,
§
774.10
Every
issued
permit
must
be
reviewed
no
later
than
mid
term
and
at
the
end
of
5
years.
After
the
review
or
at
any
time
the
regulatory
authority
may
require
the
permit
to
be
revised
in
order
to
ensure
compliance
with
the
Act
and
the
regulatory
program.

 
Probable
Hydrologic
Consequences
(
PHC),
§
780.21(
f)(
4)
&
§
784.14(
e)(
4).
The
regulatory
authority
must
review
and
determine
if
a
new
or
updated
PHC
will
be
required.
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Cumulative
Hydrologic
Impact
Assessment,
§
780.21(
g)(
2),
§
784.14(
f)(
2).
The
regulatory
authority
must
review
and
determine
if
a
new
or
updated
cumulative
hydrologic
impact
assessment
will
be
required.

Inspection
And
Enforcement
CCB
placement
at
a
SMCRA
mine
site
is
subject
to
the
State
inspection
and
enforcement
provisions
of
§
842
and
the
Federal
inspection
and
enforcement
provisions
of
§
843.

Public
Participation
In
Permits
And
Permit
Renewals
Public
Notification
 
Advertisement
Of
Permits,
§
773.6(
a)(
1).
<<
Once
a
permit
or
permit
renewal
application
is
submitted,
an
advertisement
will
be
placed
in
a
local
newspaper
of
general
circulation
in
the
locality
of
the
proposed
surface
coal
mining
and
reclamation
operation
at
least
once
a
seek
for
four
consecutive
weeks.
A
copy
of
the
advertisement
as
it
will
appear
in
the
newspaper
shall
be
submitted
to
the
regulatory
authority.
The
advertisement
must
contain
minimum
information
as
given
in
§
773.13(
a)(
1).

 
Permit
Renewals,
§
774.15(
b)(
2)(
iv).
A
copy
of
the
proposed
newspaper
notice
and
proof
of
publication
of
same
will
be
included
in
the
permit
renewal.

 
Notification
On
Issuance,
§
773.19(
b).
The
regulatory
authority
shall
issue
written
notification
of
application
approval
to
the
applicant,
each
person
who
files
comments
or
objections
to
the
permit
application,
each
party
to
an
informal
conference,
local
government
and
if
the
regulatory
authority
is
a
State
agency,
the
local
OSM
office.

 
Proof
Of
Publication,
§
778.21.
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
apart
of
the
application
not
later
than
4
weeks
after
the
last
date
of
publication
as
required
by
§
773.13(
a)(
1).

 
Notice
Of
Decision
For
Renewals,
§
774.15(
e).
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.
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Public
Availability
 
Accessibility
Of
Permits,
§
773.6(
a)(
2).
<<
Permits
or
permit
renewals
will
be
available
for
the
public
to
inspect
and
copy
by
filing
a
full
copy
of
the
application
with
the
recorder
at
the
courthouse
of
the
county
where
the
mining
is
proposed
to
occur
or
an
accessible
public
office
approved
by
the
regulatory
authority.

 
Comments,
§
773.6(
b)(
3)(
ii).
<<
The
regulatory
authority
shall
upon
receipt
of
written
comments
or
objections
file
a
copy
for
public
inspection
at
the
same
public
office
where
the
application
is
filed.

 
Availability
Of
Files,
§
773.6(
d)(
1).
<<
Permit
applications,
revisions,
renewals,
and
transfers,
assignments
or
sales
of
permit
rights
on
file
with
the
regulatory
authority
are
available
at
reasonable
times
for
public
inspection
and
copying.
Availability
can
be
limited
by
a
request
for
confidentiality
through
§
773.6(
d)(
3).

Public
Comments
And
Objections
 
Comments,
§
773.6(
b)(
1).
<<
Within
a
reasonable
time
established
by
the
regulatory
authority,
written
comments
or
objections
may
be
submitted
with
respect
to
the
effects
of
the
proposed
mining
operations
on
the
environment
within
their
areas
of
responsibility.

 
Objections,
§
773.6(
b)(
2).
<<
Written
objections
to
an
application
for
a
permit,
significant
revision
to
a
permit
under
§
774.13
or
renewal
of
a
permit
under
§
774.15
may
be
submitted
to
the
regulatory
authority
by
any
person
having
an
interest
which
is
or
may
be
adversely
affected
by
the
decision
on
the
application,
or
by
an
officer
or
head
of
any
Federal,
State,
or
local
government
agency
or
authority,
within
30
days
after
the
last
publication
of
the
required
newspaper
notice.

 
Conferences,
§
773.6(
c).
<<
Any
person
having
an
interest
which
is
or
may
be
adversely
affected
by
the
decision
on
the
application,
or
an
officer
or
a
head
of
a
Federal,
State,
or
local
government
agency,
may
request
in
writing
that
the
regulatory
authority
hold
an
informal
conference
on
the
application
for
a
permit,
significant
revision
or
permit
renewal.
The
date,
time,
and
location
of
the
conference
shall
be
sent
to
the
applicant
and
other
parties
and
advertised
by
the
regulatory
authority
in
a
newspaper
of
general
circulation
in
the
locality
of
the
proposed
surface
coal
mining
and
reclamation
operation
at
least
2
weeks
before
the
scheduled
conference.
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Public
Availability
Of
Monitoring/
Inspection
Data
 
Permit
Files.
§
773.6(
d).
<<
Materials
that
are
part
of
the
permit
files
held
by
the
regulatory
authority
are
available
to
the
public.

 
Availability
Of
Records.
§
840.14(
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
as
otherwise
provided
by
Federal
law
and
for
in
information
not
required
to
be
made
available
under
§
§
772.15
and
773.13(
d).
The
state
regulatory
authority
can
make
the
subject
material
available
at
a
Federal,
State
or
local
government
office
in
the
county
where
the
mining
is
occurring
or
proposed
to
occur.
Or,
at
the
regulatory
authority's
option
and
expense,
provide
copies
of
subject
information
promptly
by
mail
at
the
request
of
any
resident
of
the
area
where
the
mining
is
occurring
or
is
proposed
to
occur,
provided
a
description
of
the
information
available
for
mailing
and
the
procedure
for
obtaining
the
information
is
available
for
public
inspection
at
a
Federal,
State
or
local
government
office
in
the
county
where
the
mining
is
occurring
or
proposed
to
occur.

 
Availability
Of
Records.
§
842.16.
A
repeat
of
§
840.14(
b)
but
with
a
more
specific
list
of
the
types
of
records.
This
includes
materials
under
Title
V
of
the
Act,
30
CFR
Chapter
VII,
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
§
733
of
30
CFR
Chapter
VII
or
§
§
842.11
or
842.12.

Public
Participation
in
Compliance
 
Public
Participation.
§
840.16.
Each
State
program
shall
provide
for
public
participation
in
enforcement
of
the
State
program
consistent
with
that
provided
by
30
CFR
§
§
842,
843,
and
845
and
43
CFR
§
4.

 
A
Change
In
Inspection
Frequency.
§
842.11(
f).
In
lieu
of
the
inspection
frequency
established
in
§
842.11(
c),
an
alternate
inspection
frequency
can
be
proposed
after
following
the
procedures
in
(
f)(
1)
of
this
section.
Public
notice
and
opportunity
to
comment
is
required
in
section
(
f)(
2)
with
the
procedures.

 
Requests
For
Federal
Inspections.
§
842.12.
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
reason
to
believe
that
a
violation
,
condition
or
practice
referred
to
in
§
842.11(
b)(
1)(
i)
exists
and
that
the
State
regulatory
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authority,
if
any,
has
been
notified,
in
writing,
of
the
existence
of
the
violation,
condition
or
practice.

If
a
Federal
inspection
is
conducted
as
a
result
of
information
provided
to
the
Office
by
a
person
as
described,
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.

 
Review
Of
Adequacy
And
Completeness
Of
Inspections.
§
842.14.
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.

Siting
Restrictions
for
Surface
Coal
Mining
Operations
General
restrictions
incidental
with
surface
coal
mining
unless
the
operator
qualifies
for
an
exemption.

 
Area
Designated
by
Act
of
Congress.
§
761.11(
a).
No
operations
in
the
National
Park
System,
National
Wildlife
Refuge
System,
National
System
of
Trails,
National
Wilderness
Preservation
System,
Wild
and
Scenic
Rivers
System,
and
National
Recreation
Areas
designated
by
Act
of
Congress.

 
National
Forest.
§
761.11(
b).
No
operations
on
any
Federal
lands
within
a
national
forest
unless
the
Secretary
finds
that
there
are
no
significant
values
that
may
be
incompatible
with
surface
coal
mining
operations
and
the
exemptions
of
items
(
1)
&
(
2).

 
National
Register
of
Historic
Places.
§
761.11(
c).
Operations
are
restricted
for
any
lands
where
the
operation
would
adversely
affect
any
publicly
owned
park
or
any
place
in
the
National
Register
of
Historic
Places
unless
all
agencies
with
jurisdiction
give
approval.
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Public
Roads.
§
761.11(
d).
Operations
will
not
occur
within
100
feet
of
any
public
road
unless
exemptions
apply
or
the
given
procedures
are
followed.

 
Occupied
Dwellings.
§
761.11(
e).
Operations
will
not
occur
within
300
feet
of
any
occupied
dwelling
unless
exemptions
apply.

 
Public
Buildings.
§
761.11(
f).
Operations
will
not
occur
within
300
feet
of
any
public
building,
school,
church,
community
or
institutional
building
or
public
park
unless
exemptions
apply.

 
Cemetery.
§
761.11(
g).
Operations
will
not
occur
within
300
feet
of
a
cemetery.
This
prohibition
does
not
apply
if
the
cemetery
is
relocated
in
accordance
with
all
applicable
laws
and
regulations.

Surface
Protections
From
Underground
Coal
Mining
Operations
 
Protection
of
Publicly
Owned
Parks
and
Historic
Places.
§
784.17.
Any
publicly
owned
parks
or
places
listed
on
the
National
Register
of
Historic
Places
that
may
be
adversely
affected
by
the
proposed
operation
shall
describe
in
the
underground
mining
permit
application
the
measures
to
be
taken
to
prevent
or
minimize
adverse
impacts.
Measures
may
be
required
for
protection
through
appropriate
mitigation
and
treatment
measures.

 
Subsidence
Minimization.
§
784.20(
b)(
5).
The
subsidence
control
plan,
except
for
areas
where
planned
subsidence
is
projected
to
be
used,
will
describe
the
subsidence
control
measures
that
will
be
taken
to
prevent
or
minimize
subsidence
and
subsidence­
related
damage.
The
measures
used
could
be
backstowing
or
backfilling
of
voids.
Note:
The
use
of
sand­
cement­
fly
ash
mixtures
is
accepted
to
mitigate
subsidence
and
stabilize
abandoned
mine
openings.
Fly
ash
increases
the
flowability
of
grout.
["
Site
development
over
an
abandoned
coal
mine,"
Mining
Engineering,
vol.
52,
no.
10,
pp.
31­
33.
October
2000.]
While
backstowing
or
backfilling
of
voids
is
not
a
standard
operation
during
coal
mining,
it
should
not
be
ruled
out
for
the
future.

Special
Categories
Of
Mining
 
Experimental
Practices.
§
785.13
Experimental
practice
encourages
advances
in
mining
and
reclamation
technology
or
allows
a
postmining
land
use
for
industrial,
commercial,
residential,
or
public
use
on
an
experimental
basis.
The
application
shall
show
that
the
experimental
practice
is
potentially
more,
or
at
least
as,
environmentally
protective,
during
and
after
mining
operations,
as
would
otherwise
be
required.
And
that
the
practice
will
not
reduce
the
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protection
afforded
public
health
and
safety
below
the
requirements
of
the
permanent
program
performance
standards.

Bonding
Bonding:
General
 
Period
Of
Liability.
§
800.13
Performance
bond
liability
will
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
or
until
achievement
of
the
reclamation
requirements
of
the
Act,
regulatory
programs,
and
permit,
which
ever
is
later.

 
Determination
Of
Bond
Amount.
§
800.14
The
bond
amount
will
be
determined
by
the
regulatory
authority
and
depend
on
the
requirements
of
the
approved
permit
and
reclamation
plan
to
reflect
the
probable
difficulty
of
reclamation.
The
amount
shall
be
sufficient
to
assure
the
completion
of
the
reclamation
plan
if
the
work
has
to
be
performed
by
the
regulatory
authority.

Bonding
Period
In
Relation
To
Revegetation.

 
Good
Annual
Precipitation.
§
816.131(
2)(
i).
In
areas
of
more
than
26.0
inches
of
annual
average
precipitation,
the
period
of
responsibility
shall
continue
for
not
less
than
five
full
years,
with
the
exception
in
§
816.131(
2)(
ii)
for
remining.

 
Low
Annual
Precipitation.
§
816.131(
3)(
i).
In
areas
of
less
than
26.0
inches
of
annual
average
precipitation,
the
period
of
responsibility
shall
continue
for
not
less
than
ten
full
years,
with
the
exception
in
§
816.131(
3)(
ii)
for
remining.

Performance
Standards
Water
Protection
 
Hydrologic­
Balance
Protection.
§
816.41(
a),
§
817.41(
a).
All
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
in
30
CFR
Chapter
VII,
subchapter
K.
The
regulatory
authority
may
require
additional
preventative,
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remedial,
or
monitoring
measures
to
assure
that
material
damage
to
the
hydrologic
balance
outside
the
permit
area
is
prevented.

 
Ground
Water
Protection.
§
816.41(
b).,
§
817.41(
b).
Earth
materials
and
runoff
will
be
handled
in
a
manner
that
minimizes
acidic,
toxic,
or
other
harmful
infiltration
to
ground­
water
systems
and
by
managing
excavations
and
other
disturbance
to
prevent
or
control
the
discharge
of
pollutants
into
the
ground
water.

 
Ground
Water
Monitoring.
§
816.41(
c)
,
§
817.41(
a).
Ground­
water
monitoring
is
required
based
on
the
plan
approved
under
§
780.21(
i)
or
§
784.14(
h).
The
operator
is
required
to
develop
a
ground­
water
monitoring
plan
based
on
the
PHC
determination
and
relevant
information
appearing
in
the
permit
application.
It
must
provide
for
the
monitoring
of
parameters
that
relate
to
the
suitability
of
the
groundwater
for
current
and
approved
postmining
uses
and
to
the
objectives
set
forth
in
the
hydrology
reclamation
plan.
The
monitoring
plan
must
identify
the
quantity
and
quality
parameters,
sampling
frequency
and
site
locations.
It
must
describe
how
the
data
may
be
used
to
determine
the
impacts
of
the
operation
upon
the
hydrologic
balance.
Data
will
be
submitted
every
three
months
unless
more
frequently
prescribed
by
the
regulatory
authority.
Data
reporting
is
required
at
least
every
three
months
and
the
Regulatory
Authority
may
require
additional
monitoring
when
necessary.

 
Surface
Water
Protection.
§
816.41(
d).,
§
817.41(
d).
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;
prevent,
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.

 
Surface
Water
Monitoring.
§
816.41
(
e),
§
817.41(
d).
Surface
water
monitoring
is
required
based
on
the
plan
approved
under
§
780.21(
j).
The
operator's
plan
will
be
based
on
the
PHC
determination,
and
analysis
of
the
baseline
hydrologic,
geologic
and
other
relevant
information
included
in
the
permit
application.
The
plan
must
relate
to
the
suitability
of
the
surface
water
for
current
and
approved
postmining
land
uses,
to
the
objectives
set
forth
in
the
hydrologic
protection
plan
under
paragraph
(
h),
and
to
U.
S.
Environmental
Protection
Agency
effluent
limitations
found
at
40
CFR
Part
434.
The
monitoring
plan
must
identify
the
quantity
and
quality
parameters,
sampling
frequency
and
site
locations.
It
must
describe
how
the
data
may
be
used
to
determine
the
impacts
of
the
operation
upon
the
hydrologic
balance.
Data
will
be
submitted
every
three
months
unless
more
frequently
prescribed
by
the
regulatory
authority.
Data
reporting
is
required
at
least
every
three
months
and
the
Regulatory
Authority
may
require
additional
monitoring
when
necessary.

 
Water
Rights
and
Replacement,
§
816.41(
h)
&
817.41(
j)
Requirements
for
replacement
of
water
supply
where
that
supply
has
been
adversely
impacted
resulting
from
surface
mining
activities.
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Discharges
To
Underground
Mines.
§
816.41(
i)
&
§
817.41(
h).
Discharges
into
an
underground
mine
are
prohibited,
unless
specifically
approved
by
and
it
can
be
demonstrated
to
the
satisfaction
of
the
regulatory
authority
that
the
discharge
will
minimize
disturbance
to
the
hydrologic
balance
on
the
permit
area,
prevent
material
damage
outside
the
permit
area,
meet
with
the
approval
of
the
Mine
Safety
and
Health
Administration,
not
violate
applicable
water­
quality
standards
and
effluent
limitations,
be
of
known
quality
and
quantity
and
meet
the
effluent
limitations
in
§
§
816.42
and
817.42
for
pH
and
total
suspended
solids.
The
CCB
related
materials
listed
are
fly
ash
from
a
coal­
fired
facility
and
flue­
gas
desulfurization
sludge.

 
Water
Quality
Standards
And
Effluent
Limitations,
§
816.42.
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.

 
Diversions,
§
816.43.
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.

 
Non­
Coal
Mine
Waste,
§
816.89.
Non­
coal
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.
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
windborne
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.
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
3
feet
of
any
coal
outcrop
or
coal
storage
area.
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Fugitive
Dust
Control
 
Non­
Coal
Mine
Waste,
§
816.89.
Wastes
shall
be
routinely
compacted
and
covered
to
prevent
wind­
borne
dust.

 
Stabilization
Of
Surface
Areas.
§
816.95(
a),
§
817.95(
a).
All
exposed
surface
areas
shall
be
protected
and
stabilized
to
effectively
control
erosion
and
air
pollution
attendant
to
erosion.

 
Road
Dust.
§
816.150(
b)(
1),
§
817.150(
b)(
1).
Control
or
prevent
erosion
and
air
pollution
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.

Reclamation.

 
Non­
Coal
Mine
Waste,
§
816.89.
Placement
and
storage
shall
ensure
that
leachate
and
surface
runoff
do
not
degrade
surface
or
ground
water
and
that
the
area
remains
stable
and
suitable
for
reclamation
and
revegetation
compatible
with
the
natural
surroundings.
Completed
reclamation
will
have
a
minimum
of
2
feet
of
soil
cover
over
the
site,
slopes
stabilized,
and
revegetation
accomplished
in
accordance
with
§
§
816.111
through
816.116.

 
Stabilization
of
Surface
Area,
§
816.95
Exposed
surface
areas
must
be
protected
from
wind
and
water
erosion
with
requirements
that
areas
that
develop
rills
and
gullies
be
regraded
and
stabilized,
the
topsoil
replaced
and
the
areas
reseeded
or
replanted.

 
Approximate
Original
Contour.
§
816.102(
a),
§
817.102(
a).
Disturbed
areas
shall
be
backfilled
and
graded
to
achieve
the
approximate
original
contour
to
eliminate
highwalls,
spoil
piles,
and
depressions.
This
will
also
be
done
to
minimize
erosion
and
support
the
approved
postmining
land
use.
The
use
of
fill
material
from
outside
the
permit
is
not
discussed
and
not
precluded.

 
Compaction.
§
816.102(
c),
§
817.102(
c).
Spoil
and
waste
materials
shall
be
compacted
where
advisable
to
ensure
stability
or
to
prevent
leaching
of
toxic
materials.

 
Encapsulation.
§
816.102(
f),
§
817.102(
f).
Acid
and
toxic
forming
material
exposed,
used
or
produced
during
mining
will
be
adequately
covered
with
nontoxic
and
noncombustible
material
or
treated
to
control
the
impact
on
surface
and
ground
water
in
accordance
with
§
816.41
and
to
minimize
adverse
effects
on
plant
growth
and
the
approved
postmining
land
use.
An
alkaline
ash
can
be
use
to
treat
an
acid
forming
shale
in
the
overburden.
05/
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2002
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2002­
04­
10.
doc
Page
19
of
19
 
Thin
Overburden.
§
816.104.
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.
The
expectation
was
that
no
material
would
be
available
for
addition.
This
part
does
not
say
to
go
out
and
find
some
coal
ash.
It
does
point
out
the
adjustment
required
for
a
lack
of
material
and
that
the
goal
of
approximate
original
contour,
when
it
can
be
attained,
is
the
expectation.
