COALEX REPORT 63

	Coalex Report 63

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 - 63
February 26, 1986

Dr. Kenneth N. Weaver
State Geologist & Director
Maryland Geological Survey
The Rotunda
711 West 40th Street, Suite 440
Baltimore, Maryland 21211

TOPIC: POSTMINING LAND USES

INQUIRY: Have any states developed standards with respect to reclamation of areas which are
stated to be used for industrial, commercial or residential development after mining?

SEARCH RESULT: 30 CFR Sec. 816.133(c ) establishes criteria for alternative postmining land
uses.  "Higher or better uses" for mined land may be approved by the regulatory authority after
consultation with the landowner or land management agency having jurisdiction over the land. 
Criteria for alternative uses are found at Sec. 816.133(c )(1)-(3).

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   A COALEX search was conducted to identify the pertinent state regulations.  A majority of the
states use criteria which is very similar to that found in the federal regulations.  Copies of these
documents were forwarded to Dr. Weaver.


ATTACHMENTS
A    30 CFR Sec. 816.133 (1985).
B    11 Alaska Admin. Code, Title 90, Sec. 87 (1983).
C    Arkansas Surface Coal Mining and Reclamation Code, Secs. 780.23, 816.133 (1980).
D    Illinois Surface Coal Mining Land Conservation and Reclamation Regs., Sec. 1816.133
     (1980).
E    310 Indiana Admin. Code Sec. 12-5-68 (1982).
F    Iowa Admin. Code Sec. 4.323(9) (1981).
G    405 Kentucky Admin. Regs. Sec. 16:210E (1981).
H    Mississippi Surface Coal Mining Reclamation Regs., Sec. 216.133 (1980)
I    10 Missouri Admin. Code Sec. 40-3.130 (1980).
J    North Dakota Reclamation Regs., Sec. 69-05.22-09-13 (1983).
K    Ohio Admin. Code Sec. 1501:13-9-17 (1982).
L    Pennsylvania Admin. Bull., Sec. 87.159 (1982).
M    Virginia Coal Surface Mining Reclamation Regs., Sec. V816.133 (1982).
N    West Virginia Surface Mining Reclamation Regs., Sec. 4D (1984).


Search conducted by: Michele Manning

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