Parts 710 - 725.25
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Subchapter B Parts 710 - 725.25 |
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SUBCHAPTER B -- INITIAL PROGRAM REGULATIONS
30 CFR PART 710 -- INITIAL REGULATORY PROGRAM
Sec.
710.1 Scope
710.2 Objectives.
710.3 Authority
710.4 Responsibility
710.5 Definitions
710.10 Information collection
710.11 Applicability
710.12 Special exemption for small operators
AUTHORITY: 30 U.S.C. 1201 et seq., as amended, and Pub. L. 100-34.
SOURCE: 42 FR 62677, Dec. 13, 1977, unless otherwise noted.
[For the list of Final Rules affecting these sections, as published in the Federal Register, see
"Regulation History - Changes to the Regulations Parts 700-890, 3/13/79 - 6/30/00".]
30 CFR Sec. 710.1 Scope.
(a) This part provides general introductory and applicability material for the initial regulatory program required by
section 502 and other sections of the Act which require early implementation. The initial regulatory program is
effective until permanent programs are approved in accordance with sections 503, 504, or 523 of the Act.
(b) The initial regulatory program which this part introduces includes--
(1) Environmental performance standards of parts 715 through 718 of this chapter.
(2) Inspection and enforcement procedures of parts 720 through 723 of this chapter; and
(3) Reimbursements to States of part 725 of this chapter.
30 CFR Sec. 710.2 Objectives.
The objectives of the initial regulatory program are to--
(a) Protect the health and safety of the public and minimize the damage to the environment resulting from surface
coal mining operations during the interval between enactment of the Act and adoption of a permanent State or
Federal regulatory program; and
(b) Coordinate the State and Federal regulatory programs to accomplish the purposes of the Act.
30 CFR Sec. 710.3 Authority.
(a) The Secretary is directed to implement an initial regulatory program within six months after the date of
enactment of the Act in each State which regulates any aspect of surface coal mining under one or more State laws
until a State program has been approved or until a Federal program has been implemented.
(b) The Secretary is also authorized to regulate surface coal mining and reclamation operations on Federal Lands
by the Mineral Leasing Act of February 25, 1920, as amended (30 U.S.C. 181-287) and the Minerals, Leasing Act
for Acquired Lands (30 U.S.C. 351-359) and on Indian lands by various Indian lands acts. Additional regulations
under these Acts are in 30 CFR part 211,* 43 CFR part 3041 and 25 CFR part 177.
* EDITORIAL NOTE: 30 CFR Part 211 was redesignated as 43 CFR Part 3480 at 48 FR 41589, Sept. 16, 1983.
30 CFR Sec. 710.4 Responsibility.
(a) Under the general direction of the Assistant Secretary, Energy and Minerals, the Director is responsible for
administering the initial regulatory program established by the Secretary.
(b) The States are responsible for issuing permits and inspection and enforcement on lands on which operations
are regulated by a State to insure compliance with the initial performance standards in parts 715 through 718 of this
chapter. States are required to file copies of inspection reports with the Office. States are also responsible for
assuring that permits are not issued which would be in conflict with the restriction on mining found in section 510 of
the Act, particularly in regard to alluvial valley floors and prime farm lands, and section 522(e) of the Act in regard
to prohibitions of mining on certain lands.
30 CFR Sec. 710.5 Definitions.
As used throughout the initial regulatory program the following terms have the specified meanings unless
otherwise indicated:
Acid drainage means water with a pH of less than 6.0 discharged from active or abandoned mines and from areas
affected by coal mining operations.
Acid-forming materials means earth materials that contain sulfide mineral or other materials which, if exposed to
air, water, or weathering processes, will cause acids that may create acid drainage.
Alluvial valley floors means unconsolidated stream-laid deposits holding streams where water availability is
sufficient for subirrigation or flood irrigation agricultural activities but does not include upland areas which are
generally overlain by a thin veneer of colluvial deposits composed chiefly of debris from sheet erosion, deposits by
unconcentrated runoff or slope wash, together with talus, other mass movement accumulation and windblown
deposits.
Approximate original contour means that surface configuration achieved by backfilling and grading of the mined
area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface
configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding
terrain, with all highwalls and spoil piles eliminated; water impoundments may be permitted where the regulatory
authority determines that they are in compliance with Sec. 715.17.
Aquifer means a zone, stratum, or group of strata that can store and transmit water in sufficient quantities for a
specific use.
Combustible material means organic material that is capable of burning either by fire or through a chemical
process (oxidation) accompanied by the evolution of heat and a significant temperature rise.
Compaction means the reduction of pore spaces among the particles of soil or rock, generally done by running
heavy equipment over the earth materials.
Disturbed area means those lands that have been affected by surface coal mining and reclamation operations.
Diversion means a channel, embankment, or other manmade structure constructed for the purpose of diverting
water from one area to another.
Downslope means the land surface between a valley floor and the projected outcrop of the lowest coalbed being
mined along each highwall.
Embankment means an artificial deposit of material that is raised above the natural surface of the land and used to
contain, divert, or store water, support roads or railways, or other similar purposes.
Essential hydrologic functions means, with respect to alluvial valley floors, the role of the valley floor in
collecting, storing, and regulating the natural flow of surface water and ground water, and in providing a place for
irrigated and subirrigated farming, by reason of its position in the landscape and the characteristics of its underlying
material.
Flood irrigation means irrigation through natural overflow or the temporary diversion of high flows in which the
entire surface of the soil is covered by a sheet of water.
Ground water means subsurface water that fills available openings in rock or soil materials such that they may be
considered water-saturated.
Head-of-hollow fill means a fill structure consisting of any material, other than coal processing waste and organic
material, placed in the uppermost reaches of a hollow where side slopes of the fill measured at the steepest point are
greater that 20[degrees] or the profile of the hollow from the toe of the fill to the top of the fill is greater than
10[degrees]. In fills with less than 250.00 cubic yards of material, associated with contour mining, the top surface of
the fill will be at the elevation of the coal seam. In all other head-of-hollow fills, the top surface of the fill, when
completed, is at approximately the same elevation as the adjacent ridge line, and no significant area of natural
drainage occurs above the fill draining into the fill area.
Highwall means the face of exposed overburden and coal in an open cut of a surface or for entry to an
underground coal mine.
Hydrologic balance means the relationship between the quality and quantity of inflow to, outflow from, and
storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses the
quantity and quality relationships between precipitation, runoff, evaporation, and the change in ground and surface
water storage.
Hydrologic regime means the entire state of water movement in a given area. It is a function of the climate, and
includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form
and falls as precipitation, moves thence along or into the ground surface, and returns to the atmosphere a vapor by
means of evaporation and transpiration.
Impoundment means a closed basin formed naturally or artificially built, which is dammed or excavated for the
retention of water, sediment, or waste.
Intermittent or perennial stream means a stream or part of a stream that flows continuously during all (perennial)
or for at least one month (intermittent) of the calendar year as a result of ground-water discharge or surface runoff.
The term does not include an ephemeral stream which is one that flows for less than one month of a calendar year
and only in direct response to precipitation in the immediate watershed and whose channel bottom is always above
the local water table.
Leachate means a liquid that has percolated through soil, rock, or waste and has extracted dissolved or suspended
materials.
Noxious plants means species that have been included on official State lists of noxious plants for the State in
which the operation occurs.
Overburden means material of any nature, consolidated or unconsolidated, that overlies a coal deposit, excluding
topsoil.
Outslope means the exposed area sloping away from a bench or terrace being constructed as a part of a surface
coal mining and reclamation operation.
Productivity means the vegetative yield produced by a unit area for a unit of time.
Recharge capacity means the ability of the soils and underlying materials to allow precipitation and runoff to
infiltrate and reach the zone of saturation.
Roads means access and haul roads constructed, used, reconstructed, improved, or maintained for use in surface
coal mining and reclamation operations, including use by coal-hauling vehicles leading to transfer, processing, or
storage areas. The term includes any such road used and not graded to approximate original contour within 45 days
of construction other than temporary roads used for topsoil removal and coal haulage roads within the pit area.
Roads maintained with public funds such as all Federal, State, county, or local roads are excluded.
Recurrence interval means the precipitation event expected to occur, on the average, once in a specified interval.
For example, the 10-year 24-hour precipitation event would be that 24-hour precipitation event expected to be
exceeded on the average once in 10 years. Magnitude of such events are as defined by the National Weather Service
Technical Paper No. 40, "Rainfall Frequency Atlas of the U.S.," May 1961, and subsequent amendments or
equivalent regional or rainfall probability information developed therefrom.
Runoff means precipitation that flows overland before entering a defined stream channel and becoming
streamflow.
Safety factor means the ratio of the available shear strength to the developed shear stress on a potential surface of
sliding determined by accepted engineering practice.
Sediment means undissolved organic and inorganic material transported or deposited by water.
Sedimentation pond means any natural or artifical structure or depression used to remove sediment from water
and store sediment or other debris.
Slope means average inclination of a surface, measured from the horizontal. Normally expressed as a unit of
vertical distance to a given number of units of horizontal distance (e.g., 1v to 5h=20 percent=11.3 degrees).
Soil horizons means contrasting layers of soil lying one below the other, parallel or nearly parallel to the land
surface. Soil horizons are differentiated on the basis of field characteristics and laboratory data. The three major soil
horizons are--
(a) A horizon. The uppermost layer in the soil profile often called the surface soil. It is the part of the soil in which
organic matter is most abundant, and where leaching of soluble or suspended particles is the greatest.
(b) B horizon. The layer immediately beneath the A horizon and often called the subsoil. This middle layer
commonly contains more clay, iron, or aluminum than the A or C horizons.
( c) C horizon. The deepest layer of the soil profile. It consists of loose material or weathered rock that is
relatively unaffected by biologic activity.
Spoil means overburden that has been removed during surface mining.
Stabilize means any method used to control movement of soil, spoil piles, or areas of disturbed earth and includes
increasing bearing capacity, increasing shear strength, draining, compacting, or revegetating.
Subirrigation means irrigation of plants with water delivered to the roots from underneath.
Surface water means water, either flowing or standing, on the surface of the earth.
Suspended solids means organic or inorganic materials carried or held in suspension in water that will remain on a
0.45 micron filter.
Toxic-forming materials means earth materials or wastes which, if acted upon by air, water, weathering, or
microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental
to biota or uses of water.
Toxic-mine drainage means water that is discharged from active or abandoned mines and other areas affected by
coal mining operations and which contains a substance which through chemical action or physical effects is likely to
kill, injure, or impair biota commonly present in the area that might be exposed to it.
Valley fill means a fill structure consisting of any material other than coal waste and organic material that is
placed in a valley where side slopes of the fill measured at the steepest point are greater than 20[degrees] or the
profile of the hollow from the toe of the fill to the top of the fill is greater than 10[degrees].
Waste means earth materials, which are combustible, physically unstable, or acid-forming or toxic-forming,
wasted or otherwise separated from product coal and are slurried or otherwise transported from coal processing
facilities or preparation plants after physical or chemical processing, cleaning, or concentrating of coal.
Water table means upper surface of a zone of saturation, where the body of ground water is not confined by an
overlying impermeable zone.
[42 FR 62677, Dec. 13, 1977, as amended at 44 FR 30628, May 25, 1979]
30 CFR Sec. 710.10 Information collection.
The collections of information contained in Secs. 710.4, 710.11, and 710.12 have been approved by the Office of
Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1029-0095. The information
will be used in administering the Initial Regulatory Program. Response is required to obtain a benefit in accordance
with 30 U.S.C. 1201 et seq. Public reporting burden for this collection of information is estimated to average one
hour per response, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding
this burden estimate or any other aspect of this collection of information, including suggestions for reducing the
burden, to Information Collection Clearance Officer, OSM, Department of the Interior, 1951 Constitution Avenue,
NW., Washington, DC 20240; and to the Office of Management and Budget, Paperwork Reduction Project (1029-
0095), OMB, Washington, DC 20503.
[56 FR 6227, Feb. 14, 1991]
30 CFR Sec. 710.11 Applicability.
(a) Operations on lands on which such operations are regulated by a State. (1) The requirements of the initial
regulatory program do not apply to surface mining and reclamation operations which occur on lands within a State
which does not regulate any part of such operations.
(2) General obligations. (i) A person conducting coal mining operations shall have a permit if required by the
State in which he is mining and shall comply with State laws and regulations that are not inconsistent with the Act
and this chapter.
(ii) A person conducting coal mining operations shall not engage in any operations which result in a condition or
constitute a practice that creates an imminent danger to the health or safety of the public.
(iii) A person conducting coal mining operations shall not engage in any operations which result in a condition or
constitute a practice that causes or can reasonably be expected to cause significant, imminent environmental harm to
land, air, or water resources.
(3) Performance standards obligations. (i) A person who conducts any coal mining operations under an initial
permit issued by a State on or after February 3, 1978, shall comply with the requirements of the initial regulatory
program. Such permits shall contain terms that comply with the relevant performance standards of the initial
regulatory program.
(ii) On and after May 3, 1978, any person conducting coal mining operations shall comply with the initial
regulatory program, except as provided in Sec. 710.12 of this part.
(iii) A person shall comply with the obligations of this section until he has received a permit to operate under a
permanent State or Federal regulatory program.
(b) Operations on Indian lands. Any person who conducts surface coal mining and reclamation operations on
Indian lands on or after December 16, 1977, in accordance with section 750.11( c) of this chapter, or who was
otherwise subject to 25 CFR Part 216, Subpart B prior to September 22, 1994; shall comply with the performance
standards of this subchapter.
( c) Operations on Federal lands. (1) A person conducting coal mining operations on Federal lands under a permit
approved on or after February 3, 1978, shall comply with the performance standards of this chapter.
(2) Any person conducting coal mining operations on Federal lands on and after May 3, 1978, shall comply with
the performance standards of this chapter.
(d) Operations on all lands. (1) The requirements of this chapter apply to operations conducted after the effective
date of these regulations on lands from which the coal has not yet been removed and to any other lands used,
disturbed, or redisturbed in connection with or to facilitate mining or to comply with the requirements of the Act or
these regulations.
(2) Any pre-existing, nonconforming structure or facility which is used in connection with or to facilitate mining
after the effective date of these regulations shall comply with the requirements of the regulations, unless --
(i) The permittee submits to the regulatory authority by March 1, 1978, a statement in writing demonstrating that
it is physically impossible to bring the structure or facility into compliance by May 4, 1978. The statement shall
include the steps to be taken to reconstruct the structure or facility in conformance with applicable performance
standards and a schedule for reconstruction including the estimated date of completion;
(ii) The regulatory authority finds in writing that it is physically impossible to bring the structure or facility into
compliance by May 4, 1978;
(iii) The construction work is to be performed in accordance with plans designed by a professional engineer; and
(iv) The construction work is to be started and completed as soon as possible and in no event is to be started later
than May 4, 1978 and completed later than November 4, 1978.
(3) Notwithstanding paragraph (d)(2) of this section, any sedimentation pond, or related pre-existing, non-
conforming structure or facility which is used in connection with or to facilitate mining after the effective date of
these regulations shall comply with the requirements of the regulations unless --
(i) The permittee submits to the regulatory authority and to the Director by May 3, 1978, a statement in writing
demonstrating that it is physically impossible to bring the structure or facility into compliance by May 3, 1978. The
statement shall include the steps to be taken to reconstruct the structure or facility in conformance with applicable
performance standards and a schedule for reconstruction including the estimated date of completion;
(ii) The regulatory authority finds in writing that it is physically impossible to bring the structure or facility into
compliance by May 3, 1978;
(iii) The construction work is to be performed in accordance with plans designed by a professional engineer;
(iv) The construction work is to be started and completed as soon as possible and in no event is to be started later
than June 3, 1978 and completed later than November 4, 1978; and
(v) The Director approves of any schedules which contain an estimated date of completion beyond October 3,
1978.
(4) The Director shall be deemed to have approved such schedules referred to in paragraph (d)(3)(v) of this
section, unless written disapproval is received by the operator on or before June 3, 1978.
(e) Satisfying Permanent Program Performance Standards in lieu of Initial Program Performance Standards.
Where there is a counterpart Permanent Program performance standard in subchapter K of this chapter that
corresponds to an Initial Program performance standard in subchapter B of this chapter, meeting either performance
standard will satisfy the requirements of subchapter B of this chapter.
[42 FR 62677, Dec. 13, 1977; 43 FR 2721, Jan. 19, 1978, as amended at 43 FR 5001, Feb. 7, 1978; 43 FR 8091,
Feb. 27, 1978; 49 FR 38477, Sept. 28, 1984; 56 FR 6227, Feb. 14, 1991; 59 FR 43419, Aug. 23, 1994]
30 CFR Sec. 710.12 Special exemption for small operators.
(a) As used in this section--
(1) Permittee means a person holding a permit under State law and to whom the permit was originally issued.
(2) Renewed permit means any extension of the original area of duration of a permit.
(b) If a person is an eligible permittee under paragraph ( c) of this section and intends to conduct surface coal
mining operations on or after May 3, 1978, that permittee may receive from the Director a limited exemption from
the performance standards of this chapter. The exemption shall not--
(1) Include the Special Performance Standard of Sec. 716.2(a)(1) of this chapter regarding the handling of spoil;
(2) Apply to surface coal mining operations to be conducted under a permit or renewed permit issued on or after
August 3, 1977;
(3) Include any general or special performance standard with which a permittee is required to comply by a State;
(4) Relieve the permittee of the general obligations imposed by Sec. 710.11(a) of this part regarding conditions or
practices creating imminent danger or causing significant, imminent environmental harm; or
(5) Relieve the permittee of any obligations under State law, regulation or permit.
( c) A permittee is eligible for an exemption under this section--
(1) If the actual and attributed production of that permittee is estimated by the Director not to exceed 100,000 tons
of coal during the year ending on December 31, 1978; and
(2) If that permittee--
(i) Was in existence on July 31, 1976, and during the year ending on July 31, 1977, the actual and attributed
production of that permittee was 100,000 tons of coal or less from all surface and underground coal mining
operations; or
(ii) Came into existence after July 31, 1976, and prior to May 2, 1977, and the actual and attributed production
from all surface and underground coal mining operations of that permittee in the average calendar month was an
amount of coal which when multiplied by 12 yields a product of 100,000 tons or less.
(iii) And, in the case of a business organization, has not undergone a substantial change in ownership since May 2,
1977, other than a substantial change due to the death of an owner.
(d) Application for an exemption under this section shall be submitted to the Director of the Office by March 1,
1978 with a copy to the State regulatory authority.
(e) The request for exemption shall be in the form of an affidavit under oath and shall include--
(1) The name and address of the permittee and of persons who control the permittee by reason of stock ownership
or otherwise.
(2) The name, location, Mining Enforcement and Safety Administration identification numbers, and permit
numbers of the surface coal mining operations for which exemption is sought, including a statement of the dates
each permit was issued or renewed and will expire.
(3) The date and method by which the permittee was created if the permittee is not an individual.
(4) A listing of all surface and underground coal mining operations showing--
(i) Actual production for the year ending July 31, 1977, attributed to the permittee and the inclusive dates of
operation.
(ii) Estimated production for the year ending December 31, 1978, attributed to the permittee and the anticipated
dates of operation.
(5) A copy of coal severance tax returns for coal produced during the year ending on July 31, 1977.
(6) A copy of a notice the permittee has published in a local newspaper of general circulation in the area of each
mine for which an exemption is sought once a week for two weeks stating--
(i) That an application for a small operator exemption will be filed, which if granted would exempt the operator
from certain environmental protection performance standards in the Act;
(ii) The name and address of the permittee;
(iii) The location of the surface coal mining operations to which the exemption will apply; and
(iv) That public comments may be submitted to the Director, Office of Surface Mining Reclamation and
Enforcement.
(f) Production from the following operations shall be attributed to the permittee--
(1) All coal produced by operations beneficially owned entirely by the permittee, or controlled by reasons of
ownership, direction of the management, or in any other manner by the permittee.
(2) The pro rata share, based upon percentage of beneficial ownership, of coal produced by operations in which
the permittee owns more than a 5-percent interest.
(3) All coal produced by persons who own more than 5 percent of the permittee or who directly or indirectly
control the permittee by reason of stock ownership, direction of the management or in any other manner.
(4) The pro rata share of coal produced by operations owned or controlled by the person who owns or controls the
permittee.
(g) The Director shall grant the request for an exemption if, upon the basis of the request and any State regulatory
authority or public comments, or any other information, he finds that--
(1) The permittee has satisfied his burden of proof by demonstrating eligibility for the exemption; and
(2) The exemption will not be inconsistent with State law, regulation or permit terms.
(h) Any person aggrieved by the decision of the Director under this section may appeal within 20 days from
receipt of that decision to The Office of Hearing and Appeals under 43 CFR part 4. The Office of Hearings and
Appeals and the Secretary shall have the authority to stay the exemption pending the outcome of the appeal.
(i) The exemption shall be effective on the date approved. It shall remain in effect until expiration or renewal of
the State permit to which it applies, December 31, 1978, or until revoked, whichever is earlier.
(j) The Director shall revoke the exemption upon finding that the exemption was erroneously issued or that the
exempted operation has or will produce more than 100,000 tons of coal per year.
[42 FR 62677, Dec. 13, 1977; 43 FR 2721, Jan. 19, 1978, as amended at 43 FR 5001, Feb. 7, 1978]
SUBCHAPTER B -- INITIAL PROGRAM REGULATIONS
30 CFR PART 715 GENERAL PERFORMANCE STANDARDS
Sec.
715.10 Information collection
715.11 General obligations
715.12 Signs and markers
715.13 Postmining use of land
715.14 Backfilling and grading
715.15 Disposal of excess spoil
715.16 Topsoil handling
715.17 Protection of the hydrologic system
715.18 Dams constructed of or impounding waste material
715.19 Use of explosives
715.20 Revegetation
715.200 Interpretative rules related to general performance standards
[For the list of Final Rules affecting these sections, as published in the Federal Register, see
"Regulation History - Changes to the Regulations Parts 700-890, 3/13/79 - 6/30/00".]
AUTHORITY: Pub. L. 95-87 (30 U.S.C. 1201 et seq.).
SOURCE: 42 FR 62680, Dec. 13, 1977, unless otherwise noted.
30 CFR Sec. 715.10 Information collection.
The information collection requirements contained in 30 CFR 715.13(d); 715.17 (b)(1)(v) and (j)(3); 715.18(b) (2)
and (6); and 715.19 (b), ( c), (d) and (e)(4) have been approved by the Office of Management and Budget under 44
U.S.C. 3507 and assigned clearance number 1029-0007. The information is being collected to meet the performance
standards in section 515(b)(2) of P.L. 95-87 and are applicable during the initial regulatory program. This
information will be used by OSM in measuring compliance with the performance standards until permanent
programs are in effect in the States. The obligation to respond is mandatory.
[47 FR 33685, Aug. 4, 1982]
30 CFR Sec. 715.11 General obligations.
(a) Compliance. All surface coal mining and reclamation operations conducted on lands where any element of the
operations is regulated by a State shall comply with the initial performance standards of this part according to the
time schedule specified in Sec. 710.11. Part 717 of this chapter establishes performance standards for surface effects
of underground coal mines. Initial regulations regarding the special Initial Performance Standards are established by
part 716 of this chapter for --
(1) Surface coal mining operations on steep slopes;
(2) Surface coal mining operations involving mountaintop removal;
(3) Special bituminous coal mines;
(4) Anthracite surface coal mining operations;
(5) Surface coal mining operations in Alaska; and
(6) Surface coal mining operations on prime farmlands.
Where State environmental protection standards are adopted for a specific State because they are more stringent
than the standards of parts 715, 716, and 717, they will be published in part 718 of this chapter.
(b) Authorizations to operate. A copy of all current permits, licenses, approved plans, or other authorizations to
operate the mine shall be available for inspection at or near the mine site.
( c)(1) Mine maps. Any person conducting surface coal mining and reclamation operations on and after May 3,
1978, shall submit two copies of an accurate map of the mine and permit area at a scale of 1:6000 or larger. The map
shall show as of May 3, 1978, the lands from which coal has not yet been removed and the lands and structures
which have been used or disturbed to facilitate mining. One copy of the mine map shall be submitted to the State
regulatory authority and one copy shall be submitted to the Regional Director, OSM, before July 3, 1978.
(2) In addition to the requirements of paragraph ( c)(1) of this section, any person who conducted surface coal
mining and reclamation operations pursuant to a small operator's exemption shall submit before March 15, 1979, two
copies of an accurate map of each mine showing the permit area at a scale of 1:6000 or larger. One copy shall be
submitted to the state regulatory authority and one copy to the appropriate Regional Director, OSM. The map shall
show as of December 31, 1978 or the expiration date of the exemption (whichever is earlier) the lands from which
coal had not yet been removed, the lands and structures which had been used or disturbed to facilitate mining, and
the lands which had not been disturbed. The map need not be submitted if these areas have already been shown on
mine maps submitted to the state regulatory authority, if a copy is available to the appropriate Regional Director
pursuant to paragraph ( c)(1) of this section or 30 CFR 720.13(b).
(d) Indian lands. (1) Mine maps. Any person conducting surface coal mining and reclamation operations on Indian
lands under this part shall submit no fewer than 7 copies of an accurate map of the mine and authorized mining areas
at a scale of 1:6000 or larger. The map shall show, as of December 16, 1977, the lands where coal has not yet been
removed and the lands and structures that have been used or disturbed to facilitate surface coal mining operations.
(2) Consultation with tribal governments. Any requirement in this part for consultation with or notification to
State and local governments shall be interpreted as requiring, in like manner, consultation with or notification to
tribal governments. OSM shall consult with the Bureau of Indian Affairs with respect to special requirements
relating to the protection of noncoal resources and with the Bureau of Land Management with respect to the
requirements relating to the development, production, and recovery of mineral resources on Indian lands.
[42 FR 62680, Dec. 13, 1977, as amended at 44 FR 6682, Feb. 1, 1979; 59 FR 43419, Aug. 23, 1994]
30 CFR Sec. 715.12 Signs and markers.
(a) Specifications. All signs required to be posted shall be of a standard design that can be seen and read easily
and shall be made of durable material. The signs and other markers shall be maintained during all operations to
which they pertain and shall conform to local ordinances and codes.
(b) Mine and permit identification signs. Signs identifying the mine area shall be displayed at all points of access
to the permit area from public roads and highways. Signs shall show the name, business address, and telephone
number of the permittee and identification numbers of current mining and reclamation permits or other
authorizations to operate. Such signs shall not be removed until after release of all bonds.
( c) Perimeter markers. The perimeter of the permit area shall be clearly marked by durable and easily recognized
markers, or by other means approved by the regulatory authority.
(d) Buffer zone markers. Buffer zones as defined in Sec. 715.17 shall be marked in a manner consistent with the
perimeter markers along the interior boundary of the buffer zone.
(e) Blasting signs. If blasting is necessary to conduct surface coal mining operations, signs reading "Blasting
Area" shall be displayed conspicuously at the edge of blasting areas along access and haul roads within the mine
property. Signs reading "Blasting Area" and explaining the blasting warning and all-clear signals shall be posted at
all entrances to the permit area.
(f) Topsoil markers. Where topsoil or other vegetation-supporting material is segregated and stockpiled according
to Sec. 715.16( c), the stockpiled material shall be marked. Markers shall remain in place until the material is
removed.
30 CFR Sec. 715.13 Postmining use of land.
(a) General. All disturbed areas shall be restored in a timely manner (1) to conditions that are capable of
supporting the uses which they were capable of supporting before any mining, or (2) to higher or better uses
achievable under criteria and procedures of paragraph (d) of this section.
(b) Determining premining use 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 had not been previously mined and had been
properly managed.
(1) The postmining land use for land that has been previously mined and not reclaimed shall be judged on the
basis of the highest and best use that can be achieved and is compatible with surrounding areas.
(2) The postmining land use for land that has received improper management shall be judged on the basis of the
premining use of surrounding lands that have received proper management.
(3) If the premining use of the land was changed within 5 years of the beginning of mining, the comparison of
postmining use to premining use shall include a comparison with the historic use of the land as well as its use
immediately preceding mining.
( c) Land-use categories. Land use is categorized in the following groups. Change from one to another land use
category in premining to postmining constitutes an alternate land use and the permittee shall meet the requirements
of paragraph (d) of this section and all other applicable environmental protection performance standards of this
chapter.
(1) Heavy industry. Manufacturing facilities, powerplants, airports or similar facilities.
(2) Light industry and commercial services. Office buildings, stores, parking facilities, apartment housed, motels,
hotels, or similar facilities.
(3) Public services. Schools, hospitals, churches, libraries, water-treatment facilities, solid-waste disposal
facilities, public parks and recreation facilities, major transmission lines, major pipelines, highways, underground
and surface utilities, and other servicing structures and appurtenances.
(4) Residential. Single- and multiple-family housing (other than apartment houses) with necessary support
facilities. Support facilities may include commercial services incorporated in and comprising less than 5 percent of
the total land area of housing capacity, associated open space, and minor vehicle parking and recreation facilities
supporting the housing.
(5) Cropland. Land used primarily for the production of cultivated and close-growing crops for harvest alone or in
association with sod crops. Land used for facilities in support of farming operations are included.
(6) Rangeland. Includes rangelands and forest lands which support a cover of herbaceous or scrubby vegetation
suitable for grazing or browsing use.
(7) Hayland or pasture. Land used primarily for the long-term production of adapted, domesticated forage plants
to be grazed by livestock or cut and cured for livestock feed.
(8) Forest land. Land with at least a 25 percent tree canopy or land at least 10 percent stocked by forest trees of
any size, including land formerly having had such tree cover and that will be naturally or artificially reforested.
(9) Impoundments of water. Land used for storing water for beneficial uses such as stock ponds, irrigation, fire
protection, recreation, or water supply.
(10) Fish and wildlife habitat and recreation lands. Wetlands, fish and wildlife habitat, and areas managed
primarily for fish and wildlife or recreation.
(11) Combined uses. Any appropriate combination of land uses where one land use is designated as the primary
land use and one or more other land uses are designated as secondary land uses.
(d) Criteria for approving alternative postmining use of land. An alternative postmining land use shall be approved
by the regulatory authority, after consultation with the landowner or the land-management agency having
jurisdiction over State or Federal lands, if the following criteria are met. Proposals to remove an entire coal seam
running through the upper part of a mountain, ridge, or hill must also meet these criteria in addition to the
requirements of Sec. 716.3 of this chapter.
(1) The proposed land use is compatible with adjacent land use and, where applicable, with existing local, State or
Federal land use policies and plans. A written statement of the views of the authorities with statutory responsibilities
for land use policies and plans shall accompany the request for approval. The permittee shall obtain any required
approval of local, State or Federal land management agencies, including any necessary zoning or other changes
necessarily required for the final land use.
(2) Specific plans have been prepared which show the feasibility of the proposed land use as related to needs,
projected land use trends, and markets and that include a schedule showing how the proposed use will be developed
and achieved within a reasonable time after mining and be sustained. The regulatory authority may require
appropriate demonstrations to show that the planned procedures are feasible, reasonable, and integrated with mining
and reclamation, and that the plans will result in successful reclamation.
(3) Provision of any necessary public facilities is assured as evidenced by letters of commitment from parties
other than the permittee, as appropriate, to provide them in a manner compatible with the permittee's plans.
(4) Specific and feasible plans for financing attainment and maintenance of the postmining land use including
letters of commitment from parties other than the permittee as appropriate, if the postmining land use is to be
developed by such parties.
(5) The plans are designed under the general supervision of a registered professional engineer, or other appropriate
professional, who will ensure that the plans conform to applicable accepted standards for adequate land stability,
drainage, and vegetative cover, and aesthetic design appropriate for the postmining use of the site.
(6) The proposed use or uses will neither present actual or probable hazard to public health or safety nor will they
pose any actual or probable threat of water flow diminution or pollution.
(7) The use or uses will not involve unreasonable delays in reclamation.
(8) Necessary approval of measures to prevent or mitigate adverse effects on fish and wildlife has been obtained
from the regulatory authority and appropriate State and Federal fish and wildlife management agencies.
(9) Proposals to change premining land uses of range, fish and wildlife habitat, forest land, hayland, or pasture to
a postmining cropland use, where the cropland would require continous maintenance such as seeding, plowing,
cultivation, fertilzation, or other similar practices to be practicable or to comply with applicable Federal, State, and
local laws, shall be reviewed by the regulatory authority to assure that--
(i) There is a firm written commitment by the permittee or by the landowner or land manager to provide sufficient
crop management after release of applicable performance bonds to assure that the proposed postmining cropland use
remains practical and reasonable;
(ii) There is sufficient water available and committed to maintain crop production; and
(iii) Topsoil quality and depth are shown to be sufficient to support the proposed use.
(10) The regulatory authority has provided by public notice not less than 45 days nor more than 60 days for
interested citizens and local, State and Federal agencies to review and comment on the proposed land use.
[42 FR 62680, Dec. 13, 1977; 43 FR 2721, Jan. 19, 1978]
30 CFR Sec. 715.14 Backfilling and grading.
In order to achieve the approximate orginal contour, the permittee shall, except as provided in this section,
transport, backfill, compact (where advisable to ensure stability or to prevent leaching of toxic materials), and grade
all spoil material to eliminate all highwalls, spoil piles, and depressions. Cut-and-fill terraces may be used only in
those situations expressly identified in this section. The postmining graded slopes must approximate the premining
natural slopes in the area as defined in paragraph (a).
(a) Slope measurements. (1) To determine the natural slopes of the area before mining, sufficient slopes to
adequately represent the land surface configuration, and as approved by the regulatory authority in accordance with
site conditions, must be accurately measured and recorded. Each measurement shall consist of an angle of inclination
along the prevailing slope extending 100 linear feet above and below or beyond the coal outcrop or the area to be
disturbed; or, where this is impractical, at locations specified by the regulatory authority. Where the area has been
previously mined, the measurements shall extend at least 100 feet beyond the limits of mining disturbances as
determined by the regulatory authority to be representative of the premining configuration of the land. Slope
measurements shall take into account natural variations in slope so as to provide accurate representation of the range
of natural slopes and shall reflect geomorphic differences of the area to be disturbed. Slope measurements may be
made from topographic maps showing contour lines, having sufficient detail and accuracy consistent with the
submitted mining and reclamation plan.
(2) After the disturbed area has been graded, the final graded slopes shall be measured at the beginning and end of
lines established on the prevailing slope at locations representative of premining slope conditions and approved by
the regulatory authority. These measurements must not be made so as to allow unacceptably steep slopes to be
constructed.
(b) Final graded slopes. (1) The final graded slopes shall not exceed either the approximate premining slopes as
determined according to paragraph (a) (1) and approved by the regulatory authority or any lesser slope specifed by
the regulatory based on consideration of soil, climate, or other characteristics of the surrounding area. Postmining
final graded slopes need not be uniform. The requirements of this paragraph may be modifed by the regulatory
authority where the mining is reaffecting previously mined lands that have not been restored to the standards of this
section and sufficient spoil is not available to return to the slope determined according to paragraph (a)(1). Where
such modifications are approved, the permittee shall, as a minimum, be required to--
(i) Retain all overburden and spoil on the solid portion of existing or new benches; and
(ii) Backfill and grade to the most moderate slope possible to eliminate the highwall which does not exceed the
angle of repose or such lesser slopes as is necessary to assure stability.
(2) On approval by the regulatory authority and in order to conserve soil moisture, ensure stability, and control
erosion on final graded slopes, cut-and-fill terraces may be allowed if the terraces are compatible with the
postmining land use approved under Sec. 715.13, and are appropriate substitutes for construction of lower grades on
the reclaimed lands. The terraces shall meet the following requirements:
(i) Where specialized grading, foundation conditions, or roads are required for the approved postmining land use,
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.
(ii) The vertical distance between terraces shall be as specified by the regulatory authority to prevent excessive
erosion and to provide long-term stability.
(iii) The slope of the terrace outslope shall not exceed 1v:2h (50 percent). Outslopes which exceed 1v:2h (50
percent) may be approved if they have a minimum static safety factor of more than 1.5 and provide adequate control
over erosion and closely resemble the surface configuration of the land prior to mining. In no case may highwalls be
left as part of terraces.
(iv) Culverts and underground rock drains shall be used on the terrace only when approved by the regulatory
authority.
(3) All operations on steep slopes of 20 degrees or more or on such lesser slopes as the regulatory authority
defines as a steep slope shall meet the provisions of Sec. 716.2 of this chapter.
( c) Mountaintop removal. The requirements of this paragraph and of Sec. 716.3 shall apply to surface mining
operations which remove entire coal seams in the upper part of a mountain, ridge, or hill by removing all of the
overburden, and where the requirements for achieving the approximate original contour of this section cannot be
met. Final graded top plateau slopes on the mined area shall be less than 1v:5h so as to create a level plateau or
gently rolling configuration and the outslopes of the plateau shall not exceed 1v:2h, except where engineering data
substantiates and the regulatory authority finds that a minimum static safety factor of 1.5 (or higher factors specified
by the regulatory authority) will be attained. Although the area need not be restored to approximate original contour,
all highwalls, spoil piles, and depressions except as provided in paragraphs (d) and (e) of this section shall be
eliminated. All mountaintop removal operations shall in addition meet the provisions of Sec. 716.3 of this chapter.
(d) Small depressions. The requirement of this section to achieve approximate original contour does not prohibit
construction of small depressions if they are approved by the regulatory authority to minimize erosion, conserve soil
moisture or promote revegetation. These depressions shall be compatible with the approved postmining land use and
shall not be inappropriate substitutes for construction of lower grades on the reclaimed lands. Depressions approved
under this section shall have a holding capacity of less than 1 cubic yard of water or, if it is necessary that they be
larger, shall not restrict normal access throughout the area or constitute a hazard. Large, permanent impoundments
shall be governed by paragraph (e) of this section and by Sec. 715.17.
(e) Permanent impoundments. Permanent impoundments may be retained in mined and reclaimed areas provided
all highwalls are eliminated by grading to appropriate contour and the provisions for postmining land use (Sec.
715.13) and protection of the hydrologic balance (Sec. 715.17) are met. No impoundments shall be constructed on
top of areas in which excess materials are deposited pursuant to Sec. 715.15 of this part. Impoundments shall not be
used to meet the requirements of paragraph (j) of this section.
(f) Definition of thin and thick restored overburden. The thin overburden provisions of paragraph (g) of this
section may apply only where the final thickness is less than 0.8 of the initial thickness. The thick overburden
provisions of paragraph (h) of this section may apply only where the final thickness is greater than 1.2 of the initial
thickness. Initial thickness is the sum of the overburden thickness and coal thickness. Final thickness is the product
of the overburden thickness times the bulking factor to be determined for each mine area. The provisions of
paragraphs (g) and (h) apply only when operations cannot be carried out to comply with the requirements of
paragraph (a) of this section to achieve the approximate original contour.
(g) Thin overburden. In surface coal mining operations carried out continuously in the same limited pit area for
more than 1 year from the day coal-removal operations begin and where the volume of all available spoil and
suitable waste materials is demonstrated to be insufficient to achieve approximate original contour, surface coal
mining operations shall be conducted to meet, at a minimum, the following standards:
(1) Transport, backfill, and grade, using all available spoil and suitable waste materials from the entire mine area,
to attain the lowest practicable stable grade, which may not exceed the angle of repose, and to provide adequate
drainage and long-term stability of the regraded areas.
(2) Eliminate highwalls by grading or backfilling to stable slopes not exceeding 1v:2h (50 percent), or such lesser
slopes as the regulatory authority may specify to reduce erosion, maintain the hydrologic balance, or allow the
approved postmining land use.
(3) Transport, backfill, grade, and revegetate to achieve an ecologically sound land use compatible with the
prevailing land use in unmined areas surrounding the permit area.
(4) Transport, backfill, and grade to ensure the impoundments are constructed only where it has been
demonstrated to the regulatory authority's satisfaction that all requirements of Sec. 715.17 have been met and that
the impoundments have been approved by the regulatory authority as meeting the requirements of this part and all
other applicable Federal and State regulations.
(h) Thick overburden. In surface coal mining operations where the volume of spoil is demonstrated to be more
than sufficient to achieve the approximate original contour surface coal mining operations shall be conducted to
meet at a minimum the following standards:
(1) Transport, backfill, and grade all spoil and wastes not required to achieve approximate original contour in the
surface mining area to the lowest practicable grade.
(2) Deposit, backfill, and grade excess spoil and wastes only within the permit area and dispose of such materials
in conformance with this part.
(3) Transport, backfill, and grade excess spoil and wastes to maintain the hydrologic balance in accordance with
this part and to provide long-term stability.
(4) Transport, backfill, grade, and revegetate wastes and excess spoil to achieve an ecologically sound land use
compatible with the prevailing land uses in unmined areas surrounding the permit area.
(5) Eliminate all highwalls and depressions except as stated in paragraph (e) of this section by backfilling with
spoil and suitable waste materials.
(i) Regrading or stabilizing rills and gullies. When rills or gullies deeper than 9 inches form in areas that have
been regraded and the topsoil replaced but vegetation has not yet been established the permittee shall fill, grade, or
otherwise stabilize the rills and gullies and reseed or replant the areas according to Sec. 715.20. The regulatory
authority shall specify that rills or gullies of lesser size be stabilized if the rills or gullies will be disruptive to the
approved postmining land use or may result in additional erosion and sedimentation.
(j) Covering coal and acid-forming, toxic-forming, combustible, and other waste materials; stabilizing backfilled
materials; and using waste material for fill--(1) Cover. All exposed coal seams remaining after mining and any acid-
forming, toxic-forming, combustible materials, or any other waste materials identified by the regulatory authority
that are exposed, used, or produced during mining shall be covered with a minimum of 4 feet of nontoxic and
noncombustible material; or, if necessary, treated to neutralize toxicity in order to prevent water pollution and
sustained combustion, and to minimize adverse effects on plant growth and land uses. Where necessary to protect
against upward migration of salts, exposure by erosion, to provide an adequate depth for plant growth, or to
otherwise meet local conditions, the regulatory authority shall specify thicker amounts of cover using nontoxic
material. Acid-forming or toxic-forming material shall not be buried or stored in proximity to a drainage course so as
to cause or pose a threat of water pollution or otherwise violate the provisions of Sec. 715.17 of this part.
(2) Stabilization. Backfilled materials shall be selectively placed and compacted wherever necessary to prevent
leaching of toxic-forming materials into surface or subsurface waters in accordance with Sec. 715.17 and wherever
necessary to ensure the stability of the backfilled materials. The method of compacting material and the design
specifications shall be approved by the regulatory authority before the toxic materials are covered.
(3) Use of waste materials as fill. Before waste materials from a coal preparation or conversion facility or from
other activities conducted outside the permit area such as municipal wastes are used for fill material, it must be
demonstrated to the regulatory authority by hydrogeological means and chemical and physical analyses that use of
these materials will not adversely affect water quality, water flow, and vegetation; will not present hazards to public
health and safety; and will not cause instability in the backfilled area.
(k) Grading along the contour. All final grading, preparation of overburden before replacement of topsoil, and
placement of topsoil, in accordance with Sec. 715.16, shall be done along the contour to minimize subsequent
erosion and instability. If such grading, preparation or placement along the contour would be hazardous to
equipment operators then grading, preparation or placement in a direction other than generally parallel to the contour
may be used. In all cases, grading, preparation, or placement shall be conducted in a manner which minimizes
erosion and provides a surface for replacement of topsoil which will minimize slippage.
[42 FR 62680, Dec. 13, 1977; 43 FR 2721, Jan. 19, 1978, as amended at 47 FR 18553, Apr. 29, 1982]
30 CFR Sec. 715.15 Disposal of excess spoil.
(a) General requirements. (1) Spoil not required to achieve the approximate original contour within the area where
overburden has been removed shall be hauled or conveyed to and placed in designated disposal areas within a permit
area, if the disposal areas are authorized for such purposes in the approved permit application in accordance with
paragraphs (a) through (d) of this section. The spoil shall be placed in a controlled manner to ensure--
(i) That leachate and surface runoff from the fill will not degrade surface or ground waters or exceed the effluent
limitations of Sec. 715.17(a)
(ii) Stability of the fill; and
(iii) That the land mass designated as the disposal area is suitable for reclamation and revegetation compatible
with the natural surroundings.
(2) The fill shall be designed using recognized professional standards, certified by a registered professional
engineer, and approved by the regulatory authority.
(3) All vegetative and organic materials shall be removed from the disposal area and the topsoil shall be removed,
segregated, and stored or replaced under Sec. 715.16. 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.
(4) Slope protection shall be provided to minimize surface erosion at the site. Diversion design shall conform with
the requirements of Sec. 715.17( c). All disturbed areas, including diversion ditches that are not riprapped, shall be
vegetated upon completion of construction.
(5) The disposal areas shall be located on the most moderately sloping and naturally stable areas available as
approved by the regulatory authority. If such placement provides additional stability and prevents mass movement,
fill materials suitable for disposal shall be placed upon or above a natural terrace, bench, or berm.
(6) The spoil shall be hauled or conveyed and placed in horizontal lifts in a controlled manner, concurrently
compacted as necessary to ensure mass stability and prevent mass movement, covered, and graded to allow surface
and subsurface drainage to be compatible with the natural surroundings and ensure a long-term static safety factor
of 1.5.
(7) The final configuration of the fill must be suitable for postmining land uses approved in accordance with Sec.
715.13, except that no depressions or impoundments shall be allowed on the completed fill.
(8) Terraces may be utilized to control erosion and enhance stability if approved by the regulatory authority and
consistent with Sec. 715.14(b)(2).
(9) Where the slope in the disposal area exceeds 1v:2.8h (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 stabilize the fill. Where the toe of the spoil rests on a downslope, stability analyses
shall be performed to determine the size of rock toe buttresses and key way cuts.
(10) The fill shall be inspected for stability by a registered engineer or other qualified professional specialist
experienced in the construction of earth and rockfill embankments at least quarterly throughout construction and
during the following critical construction periods: (i) Removal of all organic material and topsoil, (ii) placement of
underdrainage systems, (iii) installation of surface drainage systems, (iv) placement and compaction of fill materials,
and (v) revegetation. The registered engineer or other qualified professional specialist shall provide to the regulatory
authority a certified report within 2 weeks after each inspection that the fill has been constructed as specified in the
design approved by the regulatory authority. A copy of the report shall be retained at the minesite.
(11) Coal processing wastes shall not be disposed of in head-of-hollow or valley fills, and may only be disposed
of in other excess spoil fills, if such waste is--
(i) Demonstrated to be nontoxic and nonacid forming; and
(ii) Demonstrated to be consistent with the design stability of the fill.
(12) If the disposal area contains springs, natural or manmade watercourses, or wet-weather seeps, an underdrain
system consisting of durable rock shall be constructed from the wet areas in a manner that prevents infiltration of the
water into the spoil material. The underdrain system shall be protected by an adequate filter and shall be designed
and constructed using standard geotechnical engineering methods.
(13) The foundation and abutments of the fill shall be stable under all conditions of construction and operation.
Sufficient foundation investigation and laboratory testing of foundation materials shall be performed in order to
determine the design requirements for stability of the foundation. Analyses of foundation conditions shall include the
effect of underground mine workings, if any, upon the stability of the structure.
(14) Excess spoil may be returned to underground mine workings, but only in accordance with a disposal program
approved by the regulatory authority and MSHA.
(15) Disposal of excess spoil from an upper actively mined bench to a lower pre-existing bench by means of
gravity transport is permitted provided that:
(i) The operator receives the prior written approval of the regulatory authority upon demonstration by the operator
that the spoil to be disposed of by gravity transport is not necessary for elimination of the highwall and return of the
upper bench to approximate original contour;
(ii) The following conditions and performance standards in addition to the environmental performance standards
of this part are met:
(A) The highwall of the lower bench intersects (meets) the upper actively mined bench with no natural slope
between them;
(B) The gravity transport points are determined on a site specific basis by the operator and approved by the
regulatory authority to minimize hazards to health and safety and to ensure that damage will be minimized should
spoil accidentally move down-slope of the lower bench;
( C) The excess spoil is placed only on solid portions of the lower pre-existing bench;
(D) All excess spoil on the lower solid bench, including that spoil immediately below the gravity transport points,
is rehandled and placed in a controlled manner to eliminate as much of the lower highwall as practicable.
Rehandling and placing the excess spoil on the lower solid bench shall consist of placing the excess spoil in
horizontal lifts in a controlled manner, concurrently compacted as necessary to ensure mass stability and prevent
mass movement, and graded to allow surface and subsurface drainage to be compatible with the natural surroundings
to ensure a long term static safety factor of 1.3. Spoil on the bench prior to the current mining operation need not be
rehandled except to ensure stability of the fill.
(E) 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 spoil
necessary for the construction of the berm may be gravity transported to the lower bench prior to construction of the
berm. The safety berm must be removed by the operator by final grading operations;
(F) The area of the lower bench used to facilitate the disposal of excess spoil is considered a disturbed area.
(b) Valley fills. Valley fills shall meet all of the requirements of paragraph (a) of this section and the additional
requirements of this section.
(1) The fill shall be designed to attain a long-term static safety factor of 1.5 based upon data obtained from
subsurface exploration, geotechnical testing, foundation design, and accepted engineering analyses.
(2) A subdrainage system for the fill shall be constructed in accordance with the following:
(i) A system of underdrains constructed of durable rock shall meet the requirements of paragraph (2)(iv) of this
section and:
(A) Be installated along the natural drainage system;
(B) Extend from the toe to the head of the fill; and
( C) Contain lateral drains to each area of potential drainage or seepage.
(ii) A filter system to insure the proper functioning of the rock underdrain system shall be designed and
constructed using standard geotechnical engineering methods.
(iii) In constructing the underdrains, no more than 10 percent of the rock may be less than 12 inches in size and no
single rock may be larger than 25 percent of the width of the drain. Rock used in underdrains shall meet the
requirements of paragraph (2)(iv) of this section. The minimum size of the main underdrain shall be:
______________________________________________________________________________
Total amount of fill material Predominant Minimum size of
type of fill drain, in feet
material -------------------
Width Height
Less than 1,000,000 yd* Sandstone 10 4
Do Shale 16 8
More than 1,000,000 yd* Sandstone 16 8
Do Shale 16 16
______________________________________________________________________________
(iv) Underdrains shall consist of nondegradable, non-acid or toxic forming rock such as natural sand and gravel,
sandstone, limestone, or other durable rock that will not slake in water and will be free of coal, clay or shale.
(3) Spoil shall be hauled or conveyed and placed in a controlled manner and concurrently compacted as specified
by the regulatory authority, in lifts no greater than 4 feet or less if required by the regulatory authority to--
(i) Achieve the densities designed to ensure mass stability;
(ii) Prevent mass movement;
(iii) Avoid contamination of the rock underdrain or rock core; and
(iv) Prevent formation of voids.
(4) Surface water runoff from the area above the fill shall be diverted away from the fill and into stabilized
diversion channels designed to pass safely the runoff from a 100-year, 24-hour precipitation event or larger event
specified by the regulatory authority. Surface runoff from the fill surface shall be diverted to stabilized channels off
the fill which will safely pass the runoff from a 100-year, 24-hour precipitation event. Diversion design shall comply
with the requirements of Sec. 715.17( c).
(5) The tops of the fill and any terrace constructed to stabilize the face shall be graded no steeper than 1v:20h (5
percent). The vertical distance between terraces shall not exceed 50 feet.
(6) Drainage shall not be directed over the outslope of the fill.
(7) The outslope of the fill shall not exceed 1v:2h (50 percent). The regulatory authority may require a flatter
slope.
( c) Head-of-hollow fills. Disposal of spoil in the head-of-hollow fill shall meet all standards set forth in
paragraphs (a) and (b) and the additional requirements of this section.
(1) The fill shall be designed to completely fill the disposal site to the approximate elevation of the ridgeline. A
rock-core chimney drain may be utilized instead of the subdrain and surface diversion system required for valley
fills. If the crest of the fill is not approximately at the same elevation as the low point of the adjacent ridgeline, the
fill must be designed as specified in paragraph (b), with diversion of runoff around the fill. A fill associated with
contour mining and placed at or near the coal seam, and which does not exceed 250,000 cubic yards may use the
rock-core chimney drain.
(2) The alternative rock-core chimney drain system shall be designed and incorporated into the construction of
head-of-hollow fills as follows:
(i) 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. Rocks used in the rock core and underdrains shall meet the
requirements of paragraph (b)(2)(iv).
(ii) A filter system to ensure the proper functioning of the rock core shall be designed and constructed using
standard geotechnical engineering methods.
(iii) The grading may drain surface water away from the outslope of the fill and toward the rock core. The
maximum slope of the top of the fill shall be 1v:33h (3 percent). Instead of the requirements of paragraph (a)(7) of
this section, 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 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.
(3) The drainage control system shall be capable of passing safely the runoff from a 100-year, 24-hour
precipitation event, or larger event specified by the regulatory authority.
(d) Durable rock fills. In lieu of the requirements of paragraphs (b) and ( c) of this section the regulatory authority
may approve alternate methods for disposal of hard rock spoil, including fill placement by dumping in a single lift,
on a site specific basis, provided the services of a registered professional engineer experienced in the design and
construction of earth and rockfill embankments are utilized and provided the requirements of this paragraph and
paragraph (a) are met. For this section, hard rock spoil shall be defined as rockfill consisting of at least 80 percent by
volume of sandstone, limestone, or other rocks that do not slake in water. Resistance of the hard rock spoil to slaking
shall be determined by using the slake index and slake durability tests in accordance with guidelines and criteria
established by the regulatory authority.
(1) Spoil is to be transported and placed in a specified and controlled manner which will ensure stability of the fill.
(i) The method of spoil placement shall be designed to ensure mass stability and prevent mass movement in
accordance with the additional requirements of this section.
(ii) Loads of noncemented clay shale and/or clay spoil in the fill shall be mixed with hard rock spoil in a
controlled manner to limit on a unit basis concentrations of noncemented clay shale and clay in the fill. Such
materials shall comprise no more than 20 percent of the fill volume as determined by tests performed by a registered
engineer and approved by the regulatory authority.
(2)(i) Stability analyses shall be made by the registered professional engineer. Parameters used in the stability
analyses shall be based on adequate field reconnaissance, subsurface investigations, including borings, and
laboratory tests.
(ii) The embankment which constitutes the valley fill or head-of-hollow fill shall be designed with the following
factors of safety:
______________________________________________________________________________
Case Design condition Minimum factor of safety
I End of construction 1.5
II Earthquake 1.1
______________________________________________________________________________
(3) The design of a head-of-hollow fill shall include an internal drainage system which will ensure continued free
drainage of anticipated seepage from precipitation and from springs or wet weather seeps.
(i) Anticipated discharge from springs and seeps and due to precipitation shall be based on records and/or field
investigations to determine seasonal variation. The design of the internal drainage system shall be based on the
maximum anticipated discharge.
(ii) All granular material used for the drainage system shall be free of clay and consist of durable particles such as
natural sands and gravels, sandstone, limestone or other durable rock which will not slake in water.
(iii) The internal drain shall be protected by a properly designed filter system.
(4) Surface water runoff from the areas adjacent to and above the fill shall not be allowed to flow onto the fill and
shall be diverted into stabilized channels which are designed to pass safely the runoff from a 100-year, 24-hour
precipitation event. Diversion design shall comply with the requirements of Sec. 715.17( c).
(5) The top surface of the completed fill shall be graded such that the final slope after settlement will be no steeper
than 1v:20h (5 percent) toward properly designed drainage channels in natural ground along the periphery of the fill.
Surface runoff from the top surface of the fill shall not be allowed to flow over the outslope of the fill.
(6) Surface runoff from the outslope of the fill shall be diverted off the fill to properly designed channels which
will pass safely a 100-year, 24-hour precipitation event. Diversion design shall comply with the requirements of Sec.
715.17( c).
(7) Terraces shall be constructed on the outslope if required for control of erosion or for roads included in the
approved postmining land use plan. Terraces shall meet the following requirements:
(i) The slope of the outslope between terrace benches shall not exceed 1v:2h (50 percent.).
(ii) To control surface runoff, each terrace bench shall be graded to a slope of 1v:20h (5 percent) toward the
embankment. Runoff shall be collected by a ditch along the intersection of each terrace bench and the outslope.
(iii) Terrace ditches shall have a 5-percent slope toward the channels specified in paragraph (d)(6) of this section,
unless steeper slopes are necessary in conjunction with approved roads.
(e) Preexisting benches. (1) The regulatory authority may approve the disposal of excess spoil through placement
on preexisting benches: Provided, That the standards set forth in paragraphs (a)(1)-(a)(5) and (a)(7)-(a)(14) of this
section and the requirements of this paragraph (e) are met.
(2) All spoil shall be placed on the solid portion of the preexisting bench.
(3) The fill shall be designed, using standard geotechnical analysis, to attain a long-term static safety factor of 1.3
for all portions of the fill.
(4) The preexisting bench shall be backfilled and graded to--
(i) Achieve the most moderate slope possible which does not exceed the angle of repose, and
(ii) Eliminate the highwall to the extent practicable.
[44 FR 30628, May 25, 1979, as amended at 46 FR 37233, July 17, 1981; 47 FR 18555, Apr. 29, 1982]
30 CFR Sec. 715.16 Topsoil handling.
To prevent topsoil from being contaminated by spoil or waste materials, the permittee shall remove the topsoil as
a separate operation from areas to be disturbed. Topsoil shall be immediately redistributed according to the
requirements of paragraph (b) of this section on areas graded to the approved postmining configuration. The topsoil
shall be segregated, stockpiled, and protected from wind and water erosion and from contaminants which lessen its
capability to support vegetation if sufficient graded areas are not immediately available for redistribution.
(a) Topsoil removal. All topsoil to be salvaged shall be removed before any drilling for blasting, mining, or other
surface disturbance.
(1) All topsoil shall be removed unless use of alternative materials is approved by the regulatory authority in
accordance with paragraph (a)(4) of this section. Where the removal of topsoil results in erosion that may cause air
or water pollution, the regulatory authority shall limit the size of the area from which topsoil may be removed at any
one time and specify methods of treatment to control erosion of exposed overburden.
(2) All of the A horizon of the topsoil as identified by soil surveys shall be removed according to paragraph (a)
and then replaced on disturbed areas as the surface soil layers. Where the A horizon is less than 6 inches, a 6-inch
layer that includes the A horizon and the unconsolidated material immediately below the A horizon (or all
unconsolidated material if the total available is less than 6 inches) shall be removed and the mixture segregated and
replaced as the surface soil layer.
(3) Where necessary to obtain soil productivity consistent with postmining land use, the regulatory authority may
require that the B horizon or portions of the C horizon or other underlying layers demonstrated to have comparable
quality for root development be segregated and replaced as subsoil.
(4) Selected overburden materials may be used instead of, or as a supplement to, topsoil where the resulting soil
medium is equal to or more suitable for vegetation, and if all the following requirements are met:
(i) The permittee demonstrates that the selected overburden materials or an overburden-topsoil mixture is more
suitable for restoring land capability and productivity by the results of chemical and physical analyses. These
analyses shall include determinations of pH, percent organic material, nitrogen, phosphorus, potassium, texture
class, and water-holding capacity, and such other analyses as required by the regulatory authority. The regulatory
authority also may require that results of field-site trials or greenhouse tests be used to demonstrate the feasibility of
using such overburden materials.
(ii) The chemical and physical analyses and the results of field-site trials and greenhouse tests are accompanied by
a certification from a qualified soil scientist or agronomist.
(iii) The alternative material is removed, segregated, and replaced in conformance with this section.
(b) Topsoil redistribution. (1) After final grading and before the topsoil is replaced, regraded land shall be
scarified or otherwise treated to eliminate slippage surfaces and to promote root penetration.
(2) Topsoil shall be redistributed in a manner that--
(i) Achieves an approximate uniform thickness consistent with the postmining land uses;
(ii) Prevents excess compaction of the spoil and topsoil; and
(iii) Protects the topsoil from wind and water erosion before it is seeded and planted.
( c) Topsoil storage. If the permit allows storage of topsoil, the stockpiled topsoil shall be placed on a stable area
within the permit area where it will not be disturbed or be exposed to excessive water, wind erosion, or contaminants
which lessen its capability to support vegetation before it can be redistributed on terrain graded to final contour.
Stockpiles shall be selectively placed and protected from wind and water erosion, unnecessary compaction, and
contamination by undesirable materials either by a vegetative cover as defined in Sec. 715.20(g) or by other methods
demonstrated to provide equal protection such as snow fences, chemical binders, and mulching. Unless approved by
the regulatory authority, stockpiled topsoil shall not be moved until required for redistribution on a disturbed area.
(d) Nutrients and soil amendments. Nutrients and soil amendments in the amounts and analyses as determined by
soil tests shall be applied to the surface soil layer so that it will support the postmining requirements of Sec. 715.13
and the revegetation requirements of Sec. 715.20.
30 CFR Sec. 715.17 Protection of the hydrologic system.
The permittee shall plan and conduct coal mining and reclamation operations to minimize disturbance to the
prevailing hydrologic balance in order to prevent long-term adverse changes in the hydrologic balance that could
result from surface coal mining and reclamation operations, both on- and off-site. Changes in water quality and
quantity, in the depth to ground water, and in the location of surface water drainage channels shall be minimized
such that the postmining land use of the disturbed land is not adversely affected and applicable Federal and State
statutes and regulations are not violated. The permittee shall conduct operations so as to minimize water pollution
and shall, where necessary, use treatment methods to control water pollution. The permittee shall emphasize surface
coal mining and reclamation practices that will prevent or minimize water pollution and changes in flows in
preference to the use of water treatment facilities. Practices to control and minimize pollution include, but are not
limited to, stabilizing disturbed areas through grading, diverting runoff, achieving quick growing stands of
temporary vegetation, lining drainage channels with rock or vegetation, mulching, sealing acid-forming and toxic-
forming materials, and selectively placing waste materials in backfill areas. If pollution can be controlled only by
treatment, the permittee shall operate and maintain the necessary water-treatment facilities for as long as treatment is
required.
(a) Water quality standards and effluent limitations. All surface drainage from the disturbed area, including
disturbed areas that have been graded, seeded, or planted, shall be passed through a sedimentation pond or a series of
sedimentation ponds before leaving the permit area. Sedimentation ponds shall be retained until drainage from the
disturbed areas has met the water quality requirements of this section and the revegetation requirements of Sec.
715.20 have been met. The regulatory authority may grant exemptions from this requirement only when the
disturbed drainage area within the total disturbed area is small and if the permittee shows that sedimentation ponds
are necessary to meet the effluent limitations of this paragraph and to maintain water quality in downstream
receiving waters. For purpose of this section only, disturbed area shall not include those areas in which only
diversion ditches, sedimentation ponds, or roads are installed in accordance with this section and the upstream area
is not otherwise disturbed by the permittee. Sedimentation ponds required by this paragraph shall be constructed in
accordance with paragraph (e) of this section in appropriate locations prior to any mining in the affected drainage
area in order to control sedimentation or otherwise treat water in accordance with this paragraph. Discharges from
areas disturbed by surface coal mining and reclamation operations must meet all applicable Federal and State laws
and regulations and, at a minimum, the following numerical effluent limitations:
______________________________________________________________________________
Effluent Limitations, in Milligrams Per Liter, mg/l, Except For pH
Effluent characteristics Maximum Average of daily values
allowable* for 30 consecutive discharge
days*
Iron, total 7.0 3.5
Manganese, total 4.0 2.0
Total suspended solids** 70.0 35.0
pH*** (****) (****)
______________________________________________________________________________
* Based on representative sampling.
** In Arizona, Colorado, Montana, New Mexico, North Dakota, South Dakota, Utah, and Wyoming, total suspended
solids limitations will be determined on a case-by-case basis, but they must not be greater than 45 mg/l (maximum
allowable) and 30 mg/l (average of daily value for 30 consecutive discharge days) based on a representative
sampling.
*** Where the application of neutralization and sedimentation treatment technology results in inability to comply
with the manganese limitation set forth, the regulatory authority may allow the pH level in the discharge to exceed to
a small extent the upper limit of 9.0 in order that the manganese limitations will be achieved.
**** Within the range 6.0 to 9.0.
(1) Any overflow or other discharge of surface water from the disturbed area within the permit area demonstrated
by the permittee to result from a precipitation event larger than a 10-year, 24-hours frequency event will not be
subject to the effluent limitations of paragraph (a).
(2) The permittee shall install, operate, and maintain adequate facilities to treat any water discharged from the
disturbed area that violates applicable federal or State laws or regulations or the limitations of paragraph (a). If the
pH of waters to be discharged from the disturbed area is normally less than 6.0, an automatic line feeder or other
neutralization process approved by the regulatory authority shall be installed operated, and maintained. If, the
regulatory authority finds (i) that small and infrequent treatment requirements to meet applicable standards do not
necessitate use of an automatic neutralization process, and (ii) that the mine normally produces less than 500 tons of
coal per day, then the regulatory authority may approve the use of a manual system if the permittee ensures
consistent and timely treatment.
(3) The effluent limitations for manganese shall be applicable only to acid drainage.
(b) Surface-water monitoring. (1) The permittee shall submit for approval by the regulatory authority a surface-
water monitoring program which meets the following requirements:
(i) Provides adequate monitoring of all discharge from the disturbed area.
(ii) Provides adequate data to describe the likely daily and seasonal variation in discharges from the disturbed area
in terms of water flow, pH, total iron, total managanese, and total suspended solids and, if requested by the
regulatory authority, any other parameter characteristic of the discharge.
(iii) Provides monitoring at appropriate frequencies to measure normal and abnormal variations in concentrations.
(iv) Provides an analytical quality control system including standard methods of analysis such as those specified
in 40 CFR 136.
(v) Within sixty (60) days of the end of each sixty (60) day sample collection period, a report of all samples shall
be made to the regulatory authority, unless the discharge for which water monitoring reports are required is subject
to regulation by a National Pollution Discharge Elimination System (NPDES) permit issued in compliance with the
Clean Water Act of 1977 (33 U.S.C. 1251-1378), (A) which includes equivalent reporting requirements, and (B)
which requires filing of the water monitoring report within 90 days or less of sample collection. For such discharges,
the reporting requirements of this paragraph may be satisfied by submitting to the regulatory authority on the same
time schedule as required by the NPDES permit or within ninety (90) days following sample collection, whichever is
earlier, either (1) a copy of the completed reporting form filed to meet the NPDES permit requirements, or (2) a
letter identifying the State or Federal government official with whom the reporting form was filed to meet the
NPDES permit requirements and the date of filing. In all cases in which analytical results of the sample collections
indicate a violation of a permit condition or applicable standard has occurred, the operator shall notify the regulatory
authority immediately. Where an NPDES permit effluent limitation requirement has been violated, the permittee
should forward a copy of the Discharge Monitoring Report, EPA Form 3320-1, concurrently with notification of the
violation.
(2) After disturbed areas have been regraded and stabilized in accordance with this part, the permittee shall
monitor surface water flow and quality. Data from this monitoring shall be used to demonstrate that the quality and
quantity of runoff without treatment will be consistent with the requirement of this section to minimize disturbance
to the prevailing hydrologic balance and with the requirements of this part to attain the approved postmining land
use. These data shall provide a basis for approval by the regulatory authority for removal of water quality or flow
control systems and for determining when the requirements of this section are met. The regulatory authority shall
determine the nature of data, frequency of collection, and reporting requirements.
(3) Equipment, structures, and other measures necessary to accurately measure and sample the quality and
quantity of surface water discharges from the disturbed area of the permit area shall be properly installed,
maintained, and operated and shall be removed when no longer required.
( c) Diversion and conveyance of overland flow away from disturbed areas. In order to minimize erosion and to
prevent or remove water from contacting toxic-producing deposits, overland flow from undisturbed areas may, if
required or approved by the regulatory authority, be diverted away from disturbed areas by means of temporary or
permanent diversion structures. The following requirements shall be met:
(1) Temporary diversion structures shall be constructed to safely pass the peak runoff from a precipitation event
with a one year recurrence interval, or a larger event as specified by the regulatory authority. The design criteria
must assure adequate protection of the environment and public during the existence of the temporary diversion
structure.
(2) Permanent diversion structures are those remaining after mining and reclamation and approved for retention by
the regulatory authority and other appropriate State and Federal agencies. To protect fills and property and to avoid
danger to public health and safety, permanent diversion structures shall be constructed to safely pass the peak runoff
from a precipitation event with a 100-year recurrence interval, or a larger event as specified by the regulatory
authority. Permanent diversion structures shall be constructed with gently sloping banks that are stabilized by
vegetation. Asphalt, concrete, or other similar linings shall not be used unless specifically required to prevent
seepage or to provide stability and are approved by the regulatory authority.
(3) Diversions shall be designed, constructed, and maintained in a manner to prevent additional contributions of
suspended solids to streamflow or to runoff outside the permit area to the extent possible, using the best technology
currently available. In no event shall such contributions be in excess of requirements set by applicable State or
Federal law. Appropriate sediment control measures for these diversions shall include, but not be limited to,
maintenances of appropriate gradients, channel lining, revegetation, roughness structures, and detention basins.
(d) Stream channel diversions. (1) Flow from perennial and intermittent streams within the permit area may be
diverted only when the diversions are approved by the regulatory authority and they are in compliance with local,
State, and Federal statutes and regulations. When streamflow is allowed to be diverted, the new stream channel shall
be designed and constructed to meet the following requirements:
(i) The average stream gradient shall be maintained and the channel designed, constructed, and maintained to
remain stable and to prevent additional contributions of suspended solids to streamflow, or to runoff outside the
permit area to the extent possible, using the best technology currently available. In no event shall such contributions
be in excess of requirements set by applicable State or Federal law. Erosion control structures such as channel lining
structures, retention basins, and artificial channel roughness structures shall be used only when approved by the
regulatory agency for temporary diversions where necessary or for permanent diversions where they are stable and
will require only infrequent maintenance.
(ii) Channel, bank, and flood-plain configurations shall be adequate to safely pass the peak runoff of a
precipitation event with a 10-year recurrence interval for temporary diversions and a 100-year recurrence interval for
permanent diversions, or larger events as specified by the regulatory authority.
(iii) Fish and wildlife habitat and water and vegetation of significant value for wildlife shall be protected in
consultation with appropriate State and Federal fish and wildlife management agencies.
(2) All temporary diversion structures shall be removed and the affected land regraded and revegetated consistent
with the requirements of Secs. 715.14 and 715.20. At the time such diversions are removed, the permittee shall
ensure that downstream water treatment facilities previously protected by the diversion are modified or removed to
prevent overtopping or failure of the facilities.
(3) Buffer zone. No land within 100 feet of an intermittent or perennial stream shall be disturbed by surface coal
mining and reclamation operations unless the regulatory authority specifically authorizes surface coal mining and
reclamation operations through such a stream. The area not to be disturbed shall be designated a buffer zone and
marked as specified in Sec. 715.12.
(e) Sedimentation ponds--(1) General requirements. Sedimentation ponds shall be used individually or in series
and shall--
(i) Be constructed before any disturbance of the undisturbed area to be drained into the pond;
(ii) Be located as near as possible to the disturbed area and out of perennial streams; unless approved by the
regulatory authority;
(iii) Meet all the criteria of this section.
(2) Sediment storage volume. Sedimentation ponds shall provide a minimum sediment storage volume.
(3) Detention time. Sedimentation ponds shall provide the required theoretical detention time for the water inflow
or runoff entering the pond from a 10-year, 24-hour precipitation event (design event).
(4) Dewatering. The water storage resulting from inflow shall be removed by a nonclogging dewatering device or
a conduit spillway approved by the regulatory authority. The dewatering device shall not be located at a lower
elevation than the maximum elevation of the sedimentation storage volume.
(5) Each person who conducts surface mining activities shall design, construct, and maintain sedimentation ponds
to prevent short-circuiting to the extent possible.
(6) The design, construction, and maintenance of a sedimentation pond or other sediment control measures in
accordance with this section shall not relieve the person from compliance with applicable effluent limitations as
contained in paragraph (a) of this section.
(7) There shall be no out-flow through the emergency spillway during the passage of the runoff resulting from the
10-year, 24-hour precipitation event or lesser events through the sedimentation pond.
(8) Sediment shall be removed from sedimentation ponds.
(9) An appropriate combination of principal and emergency spillways shall be provided to safely discharge the
runoff from a 25-year, 24-hour precipitation event, or larger event specified by the regulatory authority. The
elevation of the crest of the emergency spillway shall be a minimum of 1.0 foot above the crest of the principal
spillway. Emergency spillway grades and allowable velocities shall be approved by the regulatory authority.
(10) The minimum elevation at the top of the settled embankment shall be 1.0 foot above the water surface in the
pond with the emergency spillway flowing at design depth. For embankments subject to settlement, this 1.0 foot
minimum elevation requirement shall apply at all times, including the period after settlement.
(11) The constructed height of the dam shall be increased a minimum of 5 percent over the design height to allow
for settlement, unless it has been demonstrated to the regulatory authority that the material used and the design will
ensure against all settlement.
(12) The minimum top width of the embankment shall not be less than the quotient of (H+35)/5, where H is the
height, in feet, of the embankment as measured from the upstream toe of the embankment.
(13) The combined upstream and downstream side slopes of the settled embankment shall not be less than 1v:5h,
with neither slope steeper than 1v:2h. Slopes shall be designed to be stable in all cases, even if flatter side slopes are
required.
(14) The embankment foundation areas shall be cleared of all organic matter, all surfaces sloped to no steeper than
1v:1h, and the entire foundation surface scarified.
(15) The fill material shall be free of sod, large roots, other large vegetative matter, and frozen soil, and in on case
shall coal-processing waste be used.
(16) The placing and spreading of fill material shall be started at the lowest point of the foundation. The fill shall
be brought up in horizontal layers of such thickness as is required to facilitate compaction and meet the design
requirements of this section. Compaction shall be conducted as specified in the design approved by the regulatory
authority.
(17) If a sedimentation pond has an embankment that is more than 20 feet in height, as measured from the
upstream toe of the embankment to the crest of the emergency spillway, or has a storage volume of 20 acre-feet or
more, the following additional requirements shall be met:
(i) An appropriate combination of principal and emergency spillways shall be provided to discharge safely the
runoff resulting from a 100-year, 24-hour precipitation event, or a larger event specified by the regulatory authority.
(ii) The embankment shall be designed and constructed with a static safety factor of at least 1.5, or a higher safety
factor as designated by the regulatory authority to ensure stability.
(iii) Appropriate barriers shall be provided to control seepage along conduits that extend through the embankment.
(iv) The criteria of the Mine Safety and Health Administration as published in 30 CFR 77.216 shall be met.
(18) Each pond shall be designed and inspected during construction under the supervision of, and certified after
construction by, a registered professional engineer.
(19) The entire embankment including the surrounding areas disturbed by construction shall be stabilized with
respect to erosion by a vegetative cover or other means immediately after the embankment is completed. The active
upstream face of the embankment where water will be impounded may be riprapped or otherwise stabilized. Areas in
which the vegetation is not successful or where rills and gullies develop shall be repaired and revegetated in
accordance with Sec. 715.20.
(20) All ponds, including those not meeting the size or other criteria of 30 CFR 77.216(a), shall be examined for
structural weakness, erosion, and other hazardous conditions, and reports and modifications shall be made to the
regulatory authority, in accordance with 30 CFR 77.216-3. With the approval of the regulatory authority, dams not
meeting these criteria (30 CFR 77.216(a)) shall be examined four times per year.
(21) Sedimentation ponds shall not be removed until the disturbed area has been restored, and the vegetation
requirements of Sec. 715.20 are met and the drainage entering the pond has met the applicable State and Federal
water quality requirements for the receiving stream. When the sedimentation pond is removed, the affected land
shall be regraded and revegetated in accordance with Secs. 715.14, 715.16, and 715.20, unless the pond has been
approved by the regulatory authority for retention as being compatible with the approved postmining land use. If the
regulatory authority approves retention, the sedimentation pond shall meet all the requirements for permanent
impoundments of paragraph (k) of this section.
(22)(i) Where surface mining activities are proposed to be conducted on steep slopes, as defined in Sec. 716.2 of
this chapter, special sediment control measures may be followed if the person has demonstrated to the regulatory
authority that a sedimentation pond (or series of ponds) constructed according to paragraph (e) of this section--
(A) Will jeopardize public health and safety; or
(B) Will result in contributions of suspended solids to streamflow in excess of the incremental sediment volume
trapped by the additional pond size required.
(ii) Special sediment control measures shall include but not be limited to--
(A) Designing, constructing, and maintaining a sedimentation pond as near as physically possible to the disturbed
area which complies with the design criteria of this section to the maximum extent possible.
(B) A plan and commitment to employ sufficient onsite sedimentation control measures including bench sediment
storage, filtration by natural vegetation, mulching, and prompt revegetation which, in conjunction with the required
sediment pond, will achieve and maintain applicable effluent limitations. The plan submitted pursuant to this
paragraph shall include a detailed description of all onsite control measures to be employed, a quantitative analysis
demonstrating that onsite sedimentation control measures, in conjunction with the required sedimentation pond, will
achieve and maintain applicable effluent limitations, and maps depicting the location of all onsite sedimentation
control measures.
(f) Discharge structures. Discharges from sedimentation ponds and diversions shall be controlled, where
necessary, using energy dissipators, surge ponds, and other devices to reduce erosion and prevent deepening or
enlargement of stream channels and to minimize disturbances to the hydrologic balance.
(g) Acid and toxic materials. Drainage from acid-forming and toxic-forming mine waste materials and soils into
ground and surface water shall be avoided by--
(1) Identifying, burying, and treating where necessary, spoil or other materials that, in the judgment of the
regulatory authority, will be toxic to vegetation or that will adversely affect water quality if not treated or buried.
Such material shall be disposed of in accordance with the provision of Sec. 715.14(j);
(2) Preventing or removing water from contact with toxic-producing deposits;
(3) Burying or otherwise treating all toxic or harmful materials within 30 days, if such materials are subject to
wind and water erosion, or within a lesser period designated by the regulatory authority. If storage of such materials
is approved, the materials shall be placed on impermeable material and protected from erosion and contact with
surface water. Coal waste ponds and other coal waste materials shall be maintained according to paragraph (g)(4) of
this section, and Sec. 715.18 shall apply;
(4) Burying or otherwise treating waste materials from coal preparation plants no later than 90 days after the
cessation of the filling of the disposal area. Burial or treatment shall be in accordance with Sec. 715.14(j);
(5) Casing, sealing or otherwise managing boreholes, shafts, wells, and auger holes or other more or less
horizontal holes to prevent pollution of surface or ground water and to prevent mixing of ground waters of
significantly different quality. All boreholes that are within the permit area but are outside the surface coal mining
area or which extend beneath the coal to be mined and into water bearing strata shall be plugged permanently in a
manner approved by the regulatory authority, unless the boreholes have been approved for use in monitoring;
(6) Taking such other actions as required by the regulatory authority.
(h) Ground water--(1) Recharge capacity of reclaimed lands. The disturbed area shall be reclaimed to restore
approximate premining recharge capacity through restoration of the capability of the reclaimed areas as a whole to
transmit water to the ground water system. The recharge capacity should be restored to support the approved
postmining land use and to minimize disturbances to the prevailing hydrologic balance at the mined area and in
associated offsite areas. The permittee shall be responsible for monitoring according to paragraph (h)(3) of this
section to ensure operations conform to this requirement.
(2) Ground water systems. Backfilled materials shall be placed to minimize adverse effects on ground water flow
and quality, to minimize offsite effects, and to support the approved postmining land use. The permittee shall be
responsible for performing monitoring according to paragraph (h)(3) of this section to ensure operations conform to
this requirement.
(3) Monitoring. Ground water levels, infiltration rates, subsurface flow and storage characteristics, and the quality
of ground water shall be monitored in a manner approved by the regulatory authority to determine the effects of
surface coal mining and reclamation operations on the recharge capacity of reclaimed lands and on the quantity and
quality of water in ground water systems at the mine area and in associated offsite areas. When operations are
conducted in such a manner that may affect the ground water system, ground water levels and ground water quality
shall be periodically monitored using wells that can adequately reflect changes in ground water quantity and quality
resulting from such operations. Sufficient water wells must be used by the permittee. The regulatory authority may
require drilling and development of additional wells if needed to adequately monitor the ground water system. As
specified and approved by the regulatory authority, additional hydrologic tests, such as infiltration tests and aquifer
tests, must be undertaken by the permittee to demonstrate compliance with paragraph (h) (1) and (2) of this section.
(i) Water rights and replacement. The permittee shall replace the water supply of an owner of interest in real
property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use
from an underground or surface source where such supply has been affected by contamination, diminution, or
interruption proximately resulting from surface coal mine operation by the permittee.
(j) Alluvial valley floors west of the 100th meridian west longitude. (1) Surface coal mining operations conducted
in or adjacent to alluvial valley floors shall be planned and conducted so as to preserve the essential hydrologic
functions of these alluvial valley floors throughout the mining and reclamation process. These functions shall be
preserved by maintaining or reestablishing those hydrologic and biologic characteristics of the alluvial valley floor
that are necessary to support the functions. The permittee shall provide information to the regulatory authority as
required in paragraph (j)(3) of this section to allow identification of essential hydrologic functions and demonstrate
that the functions will be preserved. The characteristics of an alluvial valley floor to be considered include, but are
not limited to--
(i) The longitudinal profile (gradient), cross-sectional shape, and other channel characteristics of streams that have
formed within the alluvial valley floor and that provide for maintenance of the prevailing conditions of surface flow;
(ii) Aquifers (including capillary zones and perched water zones) and confining beds within the mined area which
provide for storage, transmission, and regulation of natural ground water and surface water that supply the alluvial
valley floors;
(iii) Quantity and quality of surface and ground water that supply alluvial valley floors;
(iv) Depth to and seasonal fluctuations of ground water beneath alluvial valley floors;
(v) Configuration and stability of the land surface in the flood plain and adjacent low terraces in alluvial valley
floors as they allow or facilitate irrigation with flood waters or subirrigation and maintain erosional equilibrium; and
(vi) Moisture-holding capacity of soils (or plant growth medium) within the alluvial valley floors, and physical
and chemical characteristics of the subsoil which provide for sustained vegetation growth or cover through dry
months.
(2) Surface coal mining operations located west of the 100th meridian west longitude shall not interrupt,
discontinue, or preclude farming on alluvial valley floors and shall not materially damage the quantity or quality of
surface or ground water that supplies these valley floors unless the premining land use has been undeveloped
rangeland which is not significant to farming on the alluvial valley floors or unless the area of affected alluvial
valley floor is small and provides negligible support for the production from one or more farms. This paragraph
(j)(2) does not apply to those surface coal mining operations that--
(i) Were in production in the year preceding August 3, 1977, were located in or adjacent to an alluvial valley
floor, and produced coal in commercial quantities during the year preceding August 3, 1977; or
(ii) Had specific permit approval by the State regulatory authority before August 3, 1977, to conduct surface coal
mining operations for an area within an alluvial valley floor.
(3)(i) Before surface mining and reclamation operations authorized under paragraph (j)(2) of this section may be
issued a new revised or amended permit, the permittee shall submit, for regulatory authority approval, detailed
surveys and baseline data to establish standards against which the requirements of paragraph (j)(1) of this section
may be measured and from which the degree of material damage to the quantity and quality of surface and ground
water that supply the alluvial valley floors may be assessed. The surveys and date shall include--
(A) A map at a scale determined by the regulatory authority, showing the location and configuration of the alluvial
valley floor;
(B) Baseline data covering a full water year for each of the hydrologic functions identified in paragraph (j)(1) of
this section;
( C) Plans showing how the operation will avoid, during mining and reclamation, interruption, discontinuance, or
preclusion of farming on the alluvial valley floors and will not materially damage the quantity or quality of water in
surface and ground water systems that supply such valley floors;
(D) Historic land use data for the proposed permit area and for farms to be affected; and
(E) Such other data as the regulatory authority may require.
(ii) Surface mining operations which qualify for the exceptions in paragraph (j)(2) of this section are not required
to submit the plans prescribed in paragraph (j)(3)(i)( C) of this section.
(4) The holder of a Federal coal lease or the fee holder of any coal deposit located within or adjacent to an alluvial
valley floor west of the 100th meridian west from which coal was not produced in commercial quantities between
August 3, 1976, and August 3, 1977, and for which no specific permit by the appropriate State or Federal regulatory
authority to conduct surface coal mining operations in the alluvial valley floors has been obtained, may be entitled to
an exchange of the Federal coal lease for a lease of other Federal coal deposits under section 510(b)(5) of the Act, or
to the conveyance by the Secretary of fee title to other available Federal coal deposits in exchange for the fee title to
such deposits under section 206 of the Federal Land Policy and Management Act of 1976 (90 Stat. 2743), if the
Secretary determines that substantial financial and legal commitments were made by the operator prior to January 1,
1977, in connection with surface coal mining operations on such lands.
(k) Permanent impoundments. The permittee may construct, if authorized by the regulatory agency pursuant to
this paragraph and Sec. 715.13, permanent water impoundments on mining sites as a part of reclamation activities
only when they are adequately demonstrated to be incompliance with Secs. 715.13 and 715.14 in addition to the
following requirements:
(1) The size of the impoundment is adequate for its intended purposes.
(2) The impoundment dam construction is designed to achieve necessary stability with an adequate margin of
safety compatible with that of structures constructed under Pub. L. 83-566 (16 U.S.C. 1006).
(3) The quality of the impounded water will be suitable on a permanent basis for its intended use and discharges
from the impoundment will not degrade the quality of receiving waters below the water quality standards established
pursuant to applicable Federal and State law.
(4) The level of water will be reasonably stable.
(5) Final grading will comply with the provisions of Sec. 715.14 and will provide adequate safety and access for
proposed water users.
(6) Water impoundments will not result in the diminution of the quality or quantity of water used by adjacent or
surrounding landowners for agricultural, industrial, recreational, or domestic uses.
(l) Hydrologic impact of roads. (1) General. Access and haul roads and associated bridges, culverts, ditches, and
road rights-of-way shall be constructed, maintained, and reclaimed to prevent additional contributions of suspended
solids to streamflow, or to runoff outside the permit area to the extent possible, using the best technology currently
available. In no event shall the contributions be in excess of requirements set by applicable State or Federal law. All
access and haul roads shall be removed and the land affected regraded and revegetated consistent with the
requirements of Secs. 715.14 and 715.20, unless retention of a road is approved as part of a postmining land use
under Sec. 715.13 as being nessary to support the postmining land use or necessary to adequately control erosion and
the necessary maintenance is assured.
(2) Construction. (i) All roads, insofar as possible, shall be located on ridges or on the available flatter and more
stable slopes to minimize erosion. Stream fords are prohibited unless they are specifically approved by the regulatory
authority as temporary routes across dry streams that will not adversely affect sedimentation and that will not be
used for coal haulage. Other stream crossings shall be made using bridges, culverts or other structures designed and
constructed to meet the requirements of this paragraph. Roads shall not be located in active stream channels nor shall
they be constructed or maintained in a manner that increases erosion or causes significant sedimentation or flooding.
However, nothing in this paragraph will be construed to prohibit relocation of stream channels in accordance with
paragraph (d) of this section.
(ii) In order to minimize erosion and subsequent disturbances of the hydrologic balance, roads shall be constructed
in compliance with the following grade restrictions or other grades determined by the regulatory authority to be
necessary to control erosion:
(A) The overall sustained grade shall not exceed 1v:10h (10 percent).
(B) The maximum grade greater than 10 percent shall not exceed 1v:6.5h (15 percent) for more than 300 feet.
( C) There shall not be more than 300 feet of grade exceeding 10 percent within each 1,000 feet.
(iii) All access and haul roads shall be adequately drained using structures such as, but not limited to, ditches,
water barriers, cross drains, and ditch relief drains. For access and haul roads that are to be maintained for more than
1 year, water-control structures shall be designed with a discharge capacity capable of passing the peak runoff from
a 10-year, 24-hour precipitation event. Drainage pipes and culverts shall be constructed to avoid plugging or collapse
and erosion at inlets and outlets. Drainage ditches shall be provided at the toe of all cut slopes formed by
construction of roads. Trash racks and debris basins shall be installed in the drainage ditches wherever debris from
the drainage area could impair the functions of drainage and sediment control structures. Ditch relief and cross
drains shall be spaced according to grade. Effluent limitations of paragraph (a) of this section shall not apply to
drainage from access and hauls roads located outside the disturbed area as defined in this section unless otherwise
specified by the regulatory authority.
(iv) Access and haul roads shall be surfaced with durable material. Toxic- or acid-forming substances shall not be
used. Vegetation may be cleared only for the essential width necessary for road and associated ditch construction
and to serve traffic needs.
(3) Maintenance. (i) Access and haul roads shall be routinely maintained by means such as, but not limited to,
wetting, scraping or surfacing.
(ii) Ditches, culverts, drains, trash racks, debris basins and other structures serving to drain access and haul roads
shall not be restricted or blocked in any manner that impedes drainage or adversely affects the intended purpose of
the structure.
(m) Hydrologic impacts of other transport facilities. Railroad loops, spurs, sidings and other transport facilities
shall be constructed, maintained and reclaimed to control diminution or degradation of water quality and quantity
and to prevent additional contributions of suspended solids to streamflow, or to run-off outside the permit area to the
extent possible, using the best technology currently available. In no event shall contributions be in excess of
requirements set by applicable State or Federal law.
(n) Discharge of waters into underground mines. Surface and ground waters shall not be discharged or diverted
into underground mine workings.
((Secs. 101, 102, 201, 501, 503-510, 515-517, 523, and 701, Surface Mining Act of 1977, Pub. L. 95-87), 30 U.S.C.
1201, 1202, 1211, 1251-1260, 1265-1267, 1273, 1291)
[42 FR 62680, Dec. 13, 1977; 43 FR 2721, Jan. 19, 1978; 43 FR 3705, Jan. 27, 1978, as amended at 43 FR 8091,
Feb. 27, 1978; 43 FR 21458, May 18, 1978; 44 FR 30631, May 25, 1979; 44 FR 36887, June 22, 1979; 44 FR
77451, Dec. 31, 1979; 45 FR 6913, Jan. 30, 1980]
EFFECTIVE DATE NOTE: A document published at 44 FR 77451, Dec. 31, 1979 temporarily suspended Sec.
715.17(a)(1) insofar as it applies to total suspended solids (TSS) discharges.
30 CFR Sec. 715.18 Dams constructed of or impounding waste material.
(a) General. No waste material shall be used in or impounded by existing or new dams without the approval of the
regulatory authority. The permittee shall design, locate, construct, operate, maintain, modify, and abandon or remove
all dams (used either temporarily or permanently) constructed of waste materials, in accordance with the
requirements of this section.
(b) Construction of dams. (1) Waste shall not be used in the construction of dams unless demonstrated through
appropriate engineering analysis, to have no adverse effect on stability.
(2) Plans for dams subject to this section, and also including those dams that do not meet the size or other criteria
of Sec. 77.216(a) of this title, shall be approved by the regulatory authority before construction and shall contain the
minimum plan requirements established by the Mining Enforcement and Safety Administration pursuant to Sec.
77.216-2 of this title.
(3) Construction requirements are as follows:
(i) Design shall be based on the flood from the probable maximum precipitation event unless the permittee shows
that the failure of the impounding structure would not cause loss of life or severely damage property or the
environment, in which case depending on site conditions, a design based on a precipitations event of no less than
100-year frequency may be approved by the regulatory authority.
(ii) The design freeboard distance between the lowest point on the embankment crest and the maximum water
elevation shall be at least 3 feet to avoid overtopping by wind and wave action.
(iii) Dams shall have minimum safety factors as follows:
______________________________________________________________________________
Case Loading condition Minimum safety factor
I End of construction 1.3
II Partial pool with steady seepage saturation 1.5
III Steady seepage from spillway or decant crest 1.5
IV Earthquake (cases II and III with seismic loading) 1.0
______________________________________________________________________________
(iv) The dam, foundation, and abutments shall be stable under all conditions of construction and operation of the
impoundment. Sufficient foundation investigations and laboratory testing shall be performed to determine the factors
of safety of the dam for all loading conditions in paragraph (b)(3)(iii) of this section and for all increments of
construction.
(v) Seepage through the dam, foundation, and abutments shall be controlled to prevent excessive uplift pressures,
internal erosion, sloughing, removal of material by solution, or erosion of material by loss into cracks, joints, and
cavities. This may require the use of impervious blankets, pervious drainage zones or blankets, toe drains, relief
wells, or dental concreting of jointed rock surface in contact with embankment materials.
(vi) Allowances shall be made for settlement of the dams and the foundation so that the freeboard will be
maintained.
(vii) Impoundments created by dams of waste materials shall be subject to a minimum drawdown criteria that
allows the facility to be evacuated by spillways or decants of 90 percent of the volume of water stored during the
design precipitation event within 10 days.
(viii) During construction of dams subject to this section, the structures shall be periodically inspected by a
registered professional engineer to ensure construction according to the approved design. On completion of
construction, the structure shall be certified by a registered professional engineer experienced in the field of dam
construction as having been constructed in accordance with accepted professional practice and the approved design.
(ix) A permanent identification marker, at least 6 feet high that shows the dam number assigned pursuant to Sec.
77.216-1 of this title and the name of the person operating or controlling the dam, shall be located on or immediately
adjacent to each dam within 30 days of certification of design pursuant to this section.
(4) All dams, including those not meeting the size or other criteria of Sec. 77.216 (a) of this title, shall be
routinely inspected by a registered professional engineer, or someone under the supervision of a registered
professional engineer, in accordance with Mining Enforcement and Safety Administration regulations pursuant to
Sec. 77.216-3 of this title.
(5) All dams shall be routinely maintained. Vegetative growth shall be cut where necessary to facilitate inspection
and repairs. Ditches and spillways shall be cleaned. Any combustible materials present on the surface, other than that
used for surface stability such as mulch or dry vegetation, shall be removed and any other appropriate maintenance
procedures followed.
(6) All dams subject to this section shall be certified annually as having been constructed and modified in
accordance with current prudent engineering practices to minimize the possibility of failures, Any changes in the
geometry of the impounding structure shall be highlighted and included in the annual certification report. These
certifications shall include a report on existing and required monitoring procedures and instrumentation, the average
and maximum depths and elevations of any impounded waters over the past year, existing storage capacity of
impounding structures, any fires occurring in the material over the past year and any other aspects of the structures
affecting their stability.
(7) Any enlargements, reductions in size, reconstr