[Title 30 CFR 817]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 30 - MINERAL RESOURCES]
[Chapter Vii - OFFICE OF SURFACE]
[Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS]
[Part 817 - PERMANENT PROGRAM PERFORMANCE STANDARDS--UNDERGROUND MINING ACTIVITIES]
[From the U.S. Government Printing Office]
30MINERAL RESOURCES32002-07-012002-07-01falsePERMANENT PROGRAM PERFORMANCE STANDARDS--UNDERGROUND MINING ACTIVITIES817PART 817MINERAL RESOURCESOFFICE OF SURFACEPERMANENT PROGRAM PERFORMANCE STANDARDS
PART 817--PERMANENT PROGRAM PERFORMANCE STANDARDS--UNDERGROUND MINING ACTIVITIES--Table of Contents
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.
[[Page 325]]
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 noncoal 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 practices.
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: 30 U.S.C. 1201 et seq.
Source: 44 FR 15422, Mar. 13, 1979, unless otherwise noted.
Sec. 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.
Sec. 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.
Sec. 817.10 Information collection.
(a) The collections of information contained in Part 817 have been
approved by Office of Management and Budget under 44 U.S.C. 3501 et seq.
and assigned clearance number 1029-0048. The information will be used to
meet the requirements of 30 U.S.C. 1211, 1251, 1266, and 1309a which
provide, among other things, that permittees conducting underground coal
mining operations will 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 required to obtain a benefit.
(b) Public reporting burden for this information is estimated to
average 4 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.
[60 FR 16749, Mar. 31, 1995]
Sec. 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
[[Page 326]]
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 Sec. 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 Sec. 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]
Sec. 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 Sec. 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]
Sec. 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.
Sec. 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 Sec. 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 Sec. 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]
Sec. 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
[[Page 327]]
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.
[[Page 328]]
(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 Secs. 817.111, 817.113,
817.114, and 817.116 of this chapter.
[48 FR 22101, May 16, 1983]
Sec. 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 Sec. 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
Sec. 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
Secs. 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 Sec. 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 Sec. 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 Sec. 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
[[Page 329]]
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
Sec. 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 Sec. 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
Sec. 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
Secs. 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
Sec. 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 Sec. 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 Secs. 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
[[Page 330]]
management of the well until bond release in accordance with
Secs. 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 Sec. 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.
(j) Drinking, domestic or residential water supply. The permittee
must promptly replace any drinking, domestic or residential water supply
that is contaminated, diminished or interrupted by underground mining
activities conducted after October 24, 1992, if the affected well or
spring was in existence before the date the regulatory authority
received the permit application for the activities causing the loss,
contamination or interruption. The baseline hydrologic information
required in Secs. 780.21 and 784.14 of this chapter and the geologic
information concerning baseline hydrologic conditions required in
Secs. 780.21 and 784.22 of this chapter will be used to determine the
impact of mining activities upon the water supply.
[48 FR 43992, Sept. 26, 1983, as amended at 52 FR 45924, Dec. 2, 1987;
60 FR 16749, Mar. 31, 1995]
Sec. 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]
Sec. 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 Sec. 817.46 for siltation structure removal, may be diverted
from disturbed areas by means of temporary or permanent diversions.
[[Page 331]]
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
Sec. 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]
[[Page 332]]
Sec. 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 Sec. 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
Sec. 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]
Sec. 817.46 Hydrologic balance: Siltation structures.
(a) For the purposes of this section only, disturbed areas shall not
include those areas--
(1) 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
(2) For which the upstream area is not otherwise distributed by the
operator.
(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 Sec. 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 Sec. 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 Secs. 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.
[[Page 333]]
(7) Any point-source discharge of water from underground workings to
surface waters which does not meet the effluent limitations of
Sec. 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 Sec. 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 single spillway
configured as specified in Sec. 817.49(a)(9).
(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 Sec. 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
Sec. 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;
59 FR 53030, Oct. 20, 1994]
Effective Date Note: At 51 FR 41962, Nov. 20, 1986, paragraph (b)(2)
of Sec. 817.46 was suspended, effective Dec. 22, 1986.
Sec. 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.
Sec. 817.49 Impoundments.
(a) General requirements. The requirements of this paragraph apply
to both temporary and permanent impoundments.
(1) Impoundments meeting the Class B or C criteria for dams in the
U.S. Department of Agriculture, Soil Conservation Service Technical
Release No. 60 (210-VI-TR60, Oct. 1985), ``Earth Dams and Reservoirs,''
shall comply with the, ``Minimum Emergency Spillway Hydrologic
Criteria,'' table in TR-60 and the requirements of this section. The
technical release is hereby incorporated by reference. This
incorporation by reference was approved by the
[[Page 334]]
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR Part 51. Copies may be obtained from the National Technical
Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia
22161, order No. PB 87-157509-AS. Copies can be inspected at the OSM
Headquarters Office, Office of Surface Mining Reclamation and
Enforcement, Administrative Record, 1951 Constitution Avenue, NW,
Washington, DC or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
(2) An impoundment meeting the size or other criteria of
Sec. 77.216(a) of this title shall comply with the requirements of
Sec. 77.216 of this title and this section.
(3) Design certification. The design of impoundments shall be
certified in accordance with Sec. 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.
(4) Stability. (i) An Impoundment meeting the SCS Class B or C
criteria for dams in TR-60, or the size or other criteria of
Sec. 77.216(a) of this title 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 included in paragraph (a)(4)(i) of this
section, except for a coal mine waste impounding structure, 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
Sec. 784.16(c)(3).
(5) Freeboard. Impoundments shall have adequate freeboard to resist
overtopping by waves and by sudden increases in storage volume.
Impoundments meeting the SCS Class B or C criteria for dams in TR-60
shall comply with the freeboard hydrograph criteria in the ``Minimum
Emergency Spillway Hydrologic Criteria'' table in TR-60.
(6) 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
SCS Class B or C criteria for dams in TR-60, or the size or other
criteria of Sec. 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.
(7) Slope protection shall be provided to protect against surface
erosion at the site and protect against sudden drawdown.
(8) 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.
(9) Spillways. An impoundment shall include either a combination of
principal and emergency spillways or a single spillway configured as
specified in paragraph (a)(9)(i) of this section, designed and
constructed to safely pass the applicable design precipitation event
specified in paragraph (a)(9)(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)(9) of this section is:
(A) For an impoundment meeting the SCS Class B or C criteria for
dams in TR-60, the emergency spillway hydrograph criteria in the
``Minimum Emergency Spillway Hydrologic Criteria'' table in TR-60, or
greater event
[[Page 335]]
as specified by the regulatory authority.
(B) For an impoundment meeting or exceeding the size or other
criteria of Sec. 77.216(a) of this title, a 100-year 6-hour event, or
greater event as specified by the regulatory authority.
(C) For an impoundment not included in paragraph (a)(9)(ii) (A) and
(B) of this section, a 25-year 6-hour event, or greater event as
specified by the regulatory authority.
(10) 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.
(11) Inspections. Except as provided in paragraph (a)(11)(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)(11)(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)(11)(iv) of this section, shall promptly after each inspection
required in paragraph (a)(11)(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 Sec. 784.16(a) of this chapter, a
qualified registered professional land surveyor may inspect any
temporary or permanent impoundment that does not meet the SCS Class B or
C criteria for dams in TR-60, or the size or other criteria of
Sec. 77.216(a) of this title and certify and submit the report required
by paragraph (a)(11)(ii) of this section, except that all coal mine
waste impounding structures covered by Sec. 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.
(12) Impoundments meeting the SCS Class B or C criteria for dams in
TR-60, or the size or other criteria of Sec. 77.216 of this title must
be examined in accordance with Sec. 77.216-3 of this title. Impoundments
not meeting the SCS Class B or C Criteria for dams in TR-60, or subject
to Sec. 77.216 of this title, shall be examined at least quarterly. A
qualified person designated by the operator shall examine impoundments
for the appearance of structural weakness and other hazardous
conditions.
(13) 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
[[Page 336]]
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)(9)(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 Sec. 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) Impoundments meeting the SCS Class B or C criteria for dams in
TR-60, or the size or other criteria of Sec. 77.216(a) of this title
shall be designed to control the precipitation of the probable maximum
precipitation of a 6-hour event, or greater event specified by the
regulatory authority.
(ii) Impoundments not included in paragraph (c)(2)(i) of this
section shall be designed to control the precipitation of the 100-year
6-hour event, or greater event 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; 59 FR 53030, 53031, Oct. 20, 1994; 66 FR
14318, Mar. 12, 2001]
Sec. 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]
Sec. 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 Sec. 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 Sec. 817.11.
[48 FR 30328, June 30, 1983, as amended at 48 FR 44781, Sept. 30, 1983]
[[Page 337]]
Sec. 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.
Sec. 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
Sec. 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]
Sec. 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
[[Page 338]]
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]
Sec. 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 Sec. 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]
Sec. 817.66 Use of explosives: Blasting signs, warnings, and access control.
(a) Blasting signs. Blasting signs shall meet the specifications of
Sec. 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 Sec. 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]
Sec. 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.
[[Page 339]]
------------------------------------------------------------------------
Lower frequency limit of measuring
system, in Hz ([plusmn]3 dB) Maximum level, in dB
------------------------------------------------------------------------
0.1 Hz or lower--flat response \1\....... 134 peak.
2 Hz or lower--flat response............. 133 peak.
6 Hz or lower--flat response............. 129 peak.
C-weighted--slow response \1\............ 105 peak dBC.
------------------------------------------------------------------------
\1\ Only when approved by the regulatory authority.
(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 Sec. 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:
------------------------------------------------------------------------
Maximum
allowable Scaled-
peak distance
particle factor to be
Distance (D), from the blasting site, in velocity (V applied
feet max) for without
ground seismic
vibration, monitoring \2\
in inches/ (Ds)
second \1\
------------------------------------------------------------------------
0 to 300................................... 1.25 50
301 to 5,000............................... 1.00 55
5,001 and beyond........................... 0.75 65
------------------------------------------------------------------------
\1\ Ground vibration shall be measured as the particle velocity.
Particle velocity shall be recorded in three mutually perpendicular
directions. The maximum allowable peak particle velocity shall apply
to each of the three measurements.
\2\ Applicable to the scaled-distance equation of Paragraph (d)(3)(i) of
this section.
(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.
[[Page 340]]
[GRAPHIC] [TIFF OMITTED] TC21OC91.026
(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
[[Page 341]]
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]
Sec. 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 Sec. 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]
Sec. 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.
[[Page 342]]
(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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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
[[Page 343]]
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 Sec. 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 Sec. 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 Sec. 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 Sec. 817.71.
[48 FR 32927, July 19, 1983, as amended at 48 FR 44781, Sept. 30, 1983]
Sec. 817.72 Disposal of excess spoil: Valley fill/head-of-hollow fills.
Valley fills and head-of-hollow fills shall meet the requirements of
Sec. 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 Sec. 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
[[Page 344]]
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 Sec. 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]
Sec. 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
Sec. 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 Sec. 817.43 and
to safely pass the runoff from a 100-year, 6-hour precipitation event.
[48 FR 32929, July 19, 1983]
Sec. 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
Sec. 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
[[Page 345]]
shall be removed, stored and redistributed in accordance with
Sec. 817.22 of this part. Substitute or supplemental materials may be
used in accordance with Sec. 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 Sec. 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 Sec. 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]
Sec. 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--
[[Page 346]]
(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 Sec. 784.25 of this chapter.
[48 FR 44030, Sept. 26, 1983, as amended at 56 FR 65636, Dec. 17, 1991]
Effective Date Note: At 51 FR 41962, Nov. 20, 1986, in Sec. 817.81
paragraph (a) was suspended insofar as it allows end dumping or side
dumping of coal mine waste.
Sec. 817.83 Coal mine waste: Refuse piles.
Refuse piles shall meet the requirements of Sec. 817.81, the
additional requirements of this section, and the requirements of
Secs. 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
Sec. 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
Sec. 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 Sec. 817.22. If approved by the regulatory authority,
organic material may be used as mulch or may be included in
[[Page 347]]
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 Secs. 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]
Sec. 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 Sec. 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
[[Page 348]]
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 Sec. 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 Sec. 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
Sec. 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 Sec. 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]
Sec. 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]
Sec. 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
accomplished in accordance with Secs. 817.111
[[Page 349]]
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]
Sec. 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]
Sec. 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
[[Page 350]]
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]
Sec. 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.
Sec. 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
Sec. 785.18 of this chapter. The regulatory authority may establish
schedules that define contemporaneous reclamation.
[48 FR 24652, June 1, 1983]
Sec. 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 Secs. 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.
[[Page 351]]
(2) The topsoil on the area shall be removed, segregated, stored,
and redistributed in accordance with Sec. 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
Secs. 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 Sec. 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 Secs. 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 Sec. 785.16 of this chapter; or
(2) Incomplete elimination of highwalls in previously mined areas in
accordance with Sec. 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 Sec. 817.116, and surface runoff shall be
controlled in accordance with Sec. 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]
[[Page 352]]
Sec. 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 Secs. 817.102
through 817.107 of this chapter, except as provided in this section.
(b) The requirements of Sec. 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]
Sec. 817.107 Backfilling and grading: Steep slopes.
(a) Underground mining activities on steep slopes shall be conducted
so as to meet the requirements of Secs. 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]
Sec. 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.
[[Page 353]]
(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]
Sec. 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]
Sec. 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]
Sec. 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 Sec. 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
[[Page 354]]
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:
(i) Five full years, except as provided in paragraph (c)(2)(ii) of
this section. The vegetation parameters identified in paragraph (b) of
this section for grazing land, pasture land, or cropland shall equal or
exceed the approved success standard during the growing season of any 2
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.
(ii) Two full years for lands eligible for remining included in
permits issued before September 30, 2004, or any renewals thereof. To
the extent that the success standards are established by paragraph
(b)(5) of this section, the lands shall equal or exceed the standards
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:
(i) Ten full years, except as provided in paragraph (c)(3)(ii) of
this section. Vegetation parameters identified in paragraph (b) of this
section shall equal or exceed the approved success standard for at least
the last two consecutive years of the responsibility period.
(ii) Five full years for lands eligible for remining included in
permits issued before September 30, 2004, or any renewals thereof. To
the extent that the success standards are established by paragraph
(b)(5) of this section, the lands shall equal or exceed the standards
during the growing seasons of the last two 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
Sec. 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;
60 FR 58492, Nov. 27, 1995]
Sec. 817.121 Subsidence control.
(a) Measures to prevent or minimize damage. (1) The permittee must
either adopt measures consistent with known technology that prevent
subsidence from causing material damage to the
[[Page 355]]
extent technologically and economically feasible, maximize mine
stability, and maintain the value and reasonably foreseeable use of
surface lands or adopt mining technology that provides for planned
subsidence in a predictable and controlled manner.
(2) If a permittee employs mining technology that provides for
planned subsidence in a predictable and controlled manner, the permittee
must take necessary and prudent measures, consistent with the mining
method employed, to minimize material damage to the extent
technologically and economically feasible to non-commercial buildings
and occupied residential dwellings and structures related thereto except
that measures required to minimize material damage to such structures
are not required if:
(i) The permittee has the written consent of their owners or
(ii) Unless the anticipated damage would constitute a threat to
health or safety, the costs of such measures exceed the anticipated
costs of repair.
(3) Nothing in this part prohibits 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 Sec. 784.20 of this
chapter.
(c) Repair of damage--(1) Repair of damage to surface lands. The
permittee must 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 that it was capable of
supporting before subsidence damage.
(2) Repair or compensation for damage to non-commercial buildings
and dwellings and related structures. The permittee must promptly
repair, or compensate the owner for, material damage resulting from
subsidence caused to any non-commercial building or occupied residential
dwelling or structure related thereto that existed at the time of
mining. If repair option is selected, the permittee must fully
rehabilitate, restore or replace the damaged structure. If compensation
is selected, the permittee must compensate the owner of the damaged
structure for the full amount of the decrease in value resulting from
the subsidence-related damage. The permittee may provide compensation by
the purchase, before mining, of a non-cancelable premium-prepaid
insurance policy. The requirements of this paragraph apply only to
subsidence-related damage caused by underground mining activities
conducted after October 24, 1992.
(3) Repair or compensation for damage to other structures. The
permittee must, to the extent required under applicable provisions of
State law, either correct material damage resulting from subsidence
caused to any structures or facilities not protected by paragraph (c)(2)
of this section by repairing the damage or compensate the owner of the
structures or facilities for the full amount of the decrease 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 before mining of a non-
cancelable premium-prepaid insurance policy.
(4) Rebuttable presumption of causation by subsidence--(i)
Rebuttable presumption of causation for damage within angle of draw. If
damage to any non-commercial building or occupied residential dwelling
or structure related thereto occurs as a result of earth movement within
an area determined by projecting a specified angle of draw from the
outermost boundary of any underground mine workings to the surface of
the land, a rebuttable presumption exists that the permittee caused the
damage. The presumption will normally apply to a 30-degree angle of
draw. A State regulatory authority may amend its program to apply the
presumption to a different angle of draw if the regulatory authority
shows in writing that the angle has a more reasonable basis than the 30-
degree angle of draw, based on geotechnical analysis of the factors
affecting potential surface impacts of underground coal mining
operations in the State.
(ii) Approval of site-specific angle of draw. A permittee or permit
applicant may request that the presumption apply to an angle of draw
different from that established in the regulatory
[[Page 356]]
program. The regulatory authority may approve application of the
presumption to a site-specific angle of draw different than that
contained in the State or Federal program based on a site-specific
analysis submitted by an applicant. To establish a site-specific angle
of draw, an applicant must demonstrate and the regulatory authority must
determine in writing that the proposed angle of draw has a more
reasonable basis than the standard set forth in the State or Federal
program, based on a site-specific geotechnical analysis of the potential
surface impacts of the mining operation.
(iii) No presumption where access for pre-subsidence survey is
denied. If the permittee was denied access to the land or property for
the purpose of conducting the pre-subsidence survey in accordance with
Sec. 784.20(a) of this chapter, no rebuttable presumption will exist.
(iv) Rebuttal of presumption. The presumption will be rebutted if,
for example, the evidence establishes that: The damage predated the
mining in question; the damage was proximately caused by some other
factor or factors and was not proximately caused by subsidence; or the
damage occurred outside the surface area within which subsidence was
actually caused by the mining in question.
(v) Information to be considered in determination of causation. In
any determination whether damage to protected structures was caused by
subsidence from underground mining, all relevant and reasonably
available information will be considered by the regulatory authority.
(5) Adjustment of bond amount for subsidence damage. When
subsidence-related material damage to land, structures or facilities
protected under paragraphs (c)(1) through (c)(3) of this section occurs,
or when contamination, diminution, or interruption to a water supply
protected under Sec. 817.41 (j) occurs, the regulatory authority must
require the permittee to obtain additional performance bond in the
amount of the estimated cost of the repairs if the permittee will be
repairing, or in the amount of the decrease in value if the permittee
will be compensating the owner, or in the amount of the estimated cost
to replace the protected water supply if the permittee will be replacing
the water supply, until the repair, compensation, or replacement is
completed. If repair, compensation, or replacement is completed within
90 days of the occurrence of damage, no additional bond is required. The
regulatory authority may extend the 90-day time frame, but not to exceed
one year, if the permittee demonstrates and the regulatory authority
finds in writing that subsidence is not complete, that not all probable
subsidence-related material damage has occurred to lands or protected
structures, or that not all reasonably anticipated changes have occurred
affecting the protected water supply, and that therefore it would be
unreasonable to complete within 90 days the repair of the subsidence-
related material damage to lands or protected structures, or the
replacement of protected water supply.
(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,
[[Page 357]]
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 Sec. 773.6(d) of this chapter.
[48 FR 24652, June 1, 1983, as amended at 60 FR 16749, Mar. 31, 1995; 65
FR 79670, Dec. 19, 2000]
Effective Date Note: At 64 FR 71653, Dec. 22, 1999, Sec. 817.121,
paragraphs (c)(4)(i) through (iv) were suspended effective Dec, 22,
1999.
Sec. 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]
Sec. 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.
Sec. 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.
Sec. 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
[[Page 358]]
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 Sec. 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 Secs. 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]
Sec. 817.150 Roads: General.
(a) Road classification system. (1) Each road, as defined in
Sec. 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
[[Page 359]]
(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
Secs. 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 Secs. 817.22 and 817.111 through 817.116 of this chapter.
[53 FR 45213, Nov. 8, 1988]
Sec. 817.151 Primary roads.
Primary roads shall meet the requirements of Sec. 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
[[Page 360]]
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
Sec. 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 Secs. 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]
Sec. 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]
Sec. 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]
[[Page 361]]
Sec. 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 Sec. 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 Sec. 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.
(2) [Reserved]
[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]