COALEX REPORT 15

	Coalex Report 15

This is the Office of Surface Mining's library of COALEX Research Reports. COALEX is a database of mining and reclamation information, including the Surface Mining Law and regulations, maintained in LEXIS-NEXIS -- a commercial, on-line research service. These reports have been compiled under a cooperative agreement between the Office of Surface Mining and the Interstate Mining Compact Commission, which represents most U.S. coal producing states. The following report includes an analysis of a specific issue requested by a state regulatory authority with responsibility for carrying out the Surface Mining Law. Copies of the research reports and attachments are available to the public, upon request. For additional information, or to obtain copies of the listed attachments, contact Ron Tarquinio by phone at (202) 208-2882 or by e-mail at rtarquin@osmre.gov.

                   

COALEX STATE INQUIRY REPORT - 15
August 27, 1984

Brent Blauch, Director
Office of Environmental Energy Management
P.O. Box 2063
Harrisburg, Pennsylvania 17120

TOPIC: REPROCESSING OF ABANDONED COAL REFUSE PILES AND COAL SILT DAMS ON
ABANDONED MINE LANDS

INQUIRY: Conduct a search of the provisions under state regulatory programs concerning the
reprocessing of coal refuse piles and coal silt dams on abandoned mine lands.  Include within the
investigation: state rules and regulations; application requirements; bonding requirements;
revegetation requirements; and special variance procedures to allow mining activities within these
restricted areas.

SEARCH RESULTS: A search of COALEX was conducted to identify coal refuse processing
requirements on abandoned mine lands that differ from the general regulatory standards applied
to other forms of surface coal mining.  None were identified.  In both the federal and state
regulatory programs under SMCRA, the reprocessing of abandoned coal refuse piles and coal silt
dams are included under the definition of "surface coal mining activity" and the general
permitting, bonding and performance standards apply. (See 30 CFR Secs. 701.5 and 870.5)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

   The following state regulatory provisions were identified as specifically addressing the issue of
reprocessing abandoned coal refuse disposal areas and are attached.

   The West Virginia regulations contain, as special requirements, a section addressing the
"reprocessing or removal of abandoned refuse disposal areas".  (Coal Refuse Disposal Regs.;
West Virginia Surface Mining Reclamation Regs.; Department of Natural Resources; Chapter 20-6;
Series VIII (1981))

   The Kentucky regulatory program provides a special provision for "lands acquired or reclaimed
by the state containing coal, coal refuse or other marketable minerals which should be removed"
to become designated small operator projects. (Kentucky Surface Mining Law: KRS Sec. 350.450,
as revised (12/31/80))


ATTACHMENTS
A    Excerpts from Coal Refuse Disposal Regs.; West Virginia Surface Mining Reclamation
     Regs.; Department of Natural Resources; Chapter 20-6; Series VIII (1981).
     1.  Sec. C.01: Standard Permits or Plans and Specification.
     2.  Sec. C.02: Special Permits.
     3.  Sec. D.06: Submittal Requirements; Reprocessing on Removal of Abandoned Coal
     Refuse Disposal Piles.
     4.  Sec. E.09: Performance Standards; Material Removal.
     5.  Sec. B: Definition of "Abandoned Coal Refuse Disposal Area".
B    Excerpt from Kentucky Surface Mining Law: KRS Sec. 350.450, as revised (12/31/80):
     Technical Assistance for small operator.


Search conducted by: Betty S. Chambers

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