COLORADO REGULATORY PROGRAM
RULES AND REGULATIONS OF THE COLORADO MINED LAND RECLAMATION BOARD
PURSUANT TO THE COLORADO SURFACE COAL MINING RECLAMATION ACT

RULE 4 PERFORMANCE STANDARDS
4.01      General Provisions
     4.01.1    Scope and Objectives
     4.01.2    Authority
     4.01.3    Responsibility
4.02      Signs and Markers
     4.02.1    Specifications.
     4.02.2    Mine and Permit Identification Signs
     4.02.3    Perimeter Markers
     4.02.4    Duration of Maintenance 
     4.02.5    Stream Buffer Zone Markers
     4.02.6    Blasting Signs
     4.02.7    Topsoil Markers
4.03      Roads
     4.03.1    Haul Roads
     4.03.2    Access Roads
     4.03.3    Light-Use Roads
4.04  Support Facilities
4.05      Hydrologic Balance
     4.05.1    General Requirements
     4.05.2    Water Quality Standards and Effluent Limitations
     4.05.3    Diversions and Conveyance of Overland Flow and Shallow Ground Water Flow, and Ephemeral
               Streams Draining a Watershed Less Than One Square Mile
     4.05.4    Stream Channel Diversions (Relocation of Streams) and Stream Channel Reconstruction
     4.05.5    Sediment Control Measures
     4.05.6    Sedimentation Ponds
     4.05.7    Discharge Structures
     4.05.8    Acid-forming and Toxic-forming Spoil
     4.05.9    Impoundments
     4.05.10   Underground Mine Entry and Access Discharges
     4.05.11   Ground Water Protection
     4.05.12   Protection of Ground Water Recharge Capacity
     4.05.13   Surface and Ground Water Monitoring
     4.05.14   Transfer of Wells
     4.05.15   Water Rights and Replacement
     4.05.16   Discharge of Water into an Underground Mine
     4.05.17   Postmining and Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and Treatment
               Facilities
     4.05.18   Stream Buffer Zones
4.06      Topsoil
     4.06.1    General Requirements
     4.06.2    Removal
     4.06.3    Storage
     4.06.4    Redistribution
     4.06.5    Reconditioning
4.07      Sealing of Drilled Holes and Underground Openings
     4.07.1    General Requirements
     4.07.2    Temporary Sealing
     4.07.3    Permanent Sealing
     4.07.4    Abandonment in Designated Ground Water Basins
4.08      Use of Explosives.
     4.08.1    General Requirements
     4.08.2    Pre-blasting Survey
     4.08.3    Public Notice of Blasting Schedule
     4.08.4    Surface Blasting Requirements
     4.08.5    Records of Blasting for Surface Coal Mining Operations
     4.08.6    Seismographic Measurements
4.0 9     Disposal of Excess Spoil
     4.09.1    General Requirements
     4.09.2    Valley Fill
     4.09.3    Head of Hollow Fill
     4.09.4    Durable Rock Fills
4.10      Coal Mine Waste Banks
     4.10.1    General Requirements
     4.10.2    Site Inspection
     4.10.3    Water Control Measures
     4.10.4    Construction Requirements
4.11      Coal Mine Waste
     4.11.1    Burning
     4.11.2    Burned Waste Utilization
     4.11.3    Return to Underground Workings
     4.11.4    Disposal of Noncoal Waste
     4.11.5    Dams and Embankments
4.12      Slides and Other Damage
4.13      Contemporaneous Reclamation
4.14      Backfilling and Grading
     4.14.1    General Requirements
     4.14.2    General Grading Requirements
     4.14.3    Covering Coal and Acid- and Toxic-Forming Materials
     4.14.4    Thin Overburden
     4.14.5    Thick Overburden
     4.14.6    Regrading or Stabilizing Rills and Gullies
4.15      Revegetation
     4.15.1    General Requirements
     4.15.2    Use of Species
     4.15.3    Seeding and Planting
     4.15.4    Mulching and Other Soil Stabilizing Practices
     4.15.5    Grazing
     4.15.6    Field Trials
     4.15.7    Determining Revegetation Success: General Requirements and Standards
     4.15.8    Revegetation Success Criteria
     4.15.9    Revegetation Success Criteria: Cropland
     4.15.10   Revegetation Success Criteria: Previously Mined Lands; Areas to be Developed for Industrial or
               Residential Use
4.16 Postmining Land Use
     4.16.1 General
     4.16.2 Determining Postmining Use of Land
     4.16.3 Alternative Land Uses
4.17      Air Resource Protection
4.18      Protection of Fish, Wildlife, and Related Environmental Values
4.19      Protection of Underground Mining
4.20      Subsidence Control
     4.20.1    General Requirements 
     4.20.2    Public Notice
     4.20.3    Surface Owner Protection
     4.20.4    Buffer Zones
4.21      Coal Exploration
     4.21.1    Scope
     4.21.2    General Responsibility of Persons Conducting Coal Exploration
     4.21.3    Required Documents
     4.21.4    Performance Standards
     4.21.5    Requirements for a Permit
4.22      Concurrent Surface and Underground Mining
     4.22.1    Scope and Objectives
     4.22.2    Responsibility and Applicability
     4.22.3    Variance Requirements
     4.22.4    Performance Standards
     4.22.5    Compliance
4.23      Auger Mining
     4.23.1    Scope
     4.23.2    Performance Standards
4.24      Operations in Alluvial Valley Floors
     4.24.1    Scope
     4.24.2    Essential Hydrologic Functions
     4.24.3    Protection of Farming and Water Supplies
     4.24.4    Monitoring
4.25      Operations on Prime Farmland
     4.25.1    Scope
     4.25.2    Special Requirements
     4.25.3    Soil Removal and Stockpiling
     4.25.4    Soil Replacement
     4.25.5    Revegetation.
4.26      Mountaintop Removal
     4.26.1    Scope
     4.26.2    Performance Standards
     4.26.3    Spoil Placement
4.27      Operations on Steep Slopes
     4.27.1    Scope
     4.27.2    Applicability
     4.27.3    Performance Standards
     4.27.4    Limited Variances
     4.27.5    Multiple Seam
4.28      Coal Processing Plants and Support Facilities not Located at or Near the Minesite or not within the Permit
          Area for the Mine
     4.28.1    Scope
     4.28.2    Applicability
     4.28.3    Performance Standards
4.29      In Situ Processing.
     4.29.1    Scope
     4.29.2    Performance Standards
     4.29.3    Monitoring
4.30      Cessation of Operations
     4.30.1    Temporary
     4.30.2    Permanent

NB: Numbers in parentheses at the end of a section refer to Statutory authority for these Rules (e.g., "(111(2))"
refers to Section 34-33-111(2) of the Colorado Surface Coal Mining Reclamation Act, Article 33 of Title 34, as
amended, (House Bill 1223/1979 Session Laws) Colorado Revised Statutes).

ALSO NOTE: Cross references to OSM's federal statute and regulations appear in double braces to the right of the
Colorado statute or regulation section numbers, e.g., "1.04  DEFINITIONS        {{ 30 CFR 701.5 }}".  
The cross references were compiled using the preambles to OSM's approval of amendments to the Colorado
regulatory program published in the Federal Register and from the COALEX Library in LexisNexis.

4.01      GENERAL PROVISIONS
4.01.1    Scope and Objectives.              {{ 30 CFR 810.1, 810.2, 815.2, 816.57 & 817.57 }}
This Rule sets forth the minimum performance standards and design requirements to be used for coal exploration,
surface coal mining and reclamation operations, surface coal mining and reclamation operations incident to
underground mining activities and special categories of mining. These performance standards and design
requirements will provide for (120(1) and 121(1)):

(1) Maximum use and conservation of the solid fuel resource being recovered so that reaffecting the land through
future surface coal mining and reclamation operations can be minimized (120(2)(a));

(2) Prevent degradation of environmental quality during and following coal exploration (117 );

(3) Reclamation of all affected areas to conditions that are capable of supporting the premining land uses or higher or
better land uses (120(2)(b));

(4) Reclamation of land affected by surface coal mining operations as contemporaneously as practicable with mining
operations (120(2)(p));

(5) Minimizing to the extent possible using the best technology currently available, disturbances and adverse impacts
on fish, wildlife, and other related environmental values, and enhancement of such resources where practicable
(120(2)(x));

(6) Revegetation to achieve prompt vegetation cover and recovery of productivity levels compatible with approved
land uses (120(2)(s));

(7) Minimum disturbance to the prevailing hydrologic balance at the mine site and in associated off-site areas, and to
quality and quantity of water in surface and ground water systems (120(2)(j));

(8) Confinement of surface coal mining and reclamation operations including, but not limited to, the location of spoil
disposal areas to lands within the permit area (120(2)(u);  and

(9) Conducting surface coal mining and reclamation operations to insure that society and the environment are
protected from the adverse effects of such operations and that the rights of surface landowners and other persons
with a legal interest in the land or appurtenances thereto are fully protected (102).

4.01.2    Authority (108).                             {{ 30 CFR 810.3 }}
The Board has the authority to promulgate Rules pursuant to the Act which set forth minimum performance
standards and design requirements for surface coal mining and reclamation operations.

4.01.3    Responsibility (104 and 105).                {{ 30 CFR 810.4 }}
(1) It is the responsibility of the Board and the Division to insure that the provisions of this Rule pursuant to the Act
are implemented and enforced. 

(2) Any person conducting coal exploration or surface coal mining and reclamation operations under a permit issued
in accordance with these Rules is responsible for meeting all applicable performance standards of this Rule (120(1)).

4.02      SIGNS AND MARKERS
4.02.1    Specifications .                             {{ 30 CFR 816.11 & 817.11 }}
Signs and markers required by 4.02 shall:

(1) Be posted and maintained by the permittee;

(2) Be of uniform design throughout the operation that can be easily seen and read;

(3) Be made of durable material; and

(4) Conform to local ordinances and codes. 

4.02.2    Mine and Permit Identification Signs.             {{ 30 CFR 816.11 & 817.11 }}
(1) Identification signs shall be displayed at each entrance to the permit area from public roads (122(5)).

(2) Signs shall show the name, address, and telephone number of the person who conducts the surface coal mining
operations and the identification number of the current permit authorizing mining activities.

(3) Signs shall be retained and maintained until after the release of all bonds for the permit area.

4.02.3    Perimeter Markers.                      {{ 30 CFR 816.11 & 817.11 }}
The perimeter of a permit area for surface coal mining activities, or in the case of underground mining activities, the
perimeter of all areas affected by surface operations or facilities, shall be clearly marked before the beginning of
surface coal mining operations (103(18)).

4.02.4    Duration of Maintenance.                {{ 30 CFR 816.11 & 817.11 }}
Signs and markers shall be maintained during the conduct of all activities to which they pertain.

4.02.5    Stream Buffer Zone Markers.                  {{ 30 CFR 816.11 & 817.11 }}
Buffer zones established under the provisions of 4.05.18 shall be clearly marked (120(2)(j)(II)(A)).

4.02.6    Blasting Signs .                             {{ 30 CFR 816.11 & 817.11 }}
If surface blasting is conducted incident to surface coal mining operations, the person who conducts these operations
shall (120(2)(o)(I)):

(1) Conspicuously display signs reading "Blasting Area" along the edge of any blasting area that comes within 50
feet of any road within the permit area or within 100 feet of any public road right of way.

(2) Conspicuously flag, or post within the blasting area, the immediate vicinity of charged holes.

(3) Place at all entrances to the permit area from public roads or highways conspicuous signs which state "Warning!
Explosives in Use" which clearly explain the blast warning and all clear signals that are in use and which explaint he
marking of blast areas and charged holes within the permit area.

4.02.7    Topsoil Markers ( 120(e)).                   {{ 30 CFR 816.11 & 817.11 }}
Where topsoil or other vegetation-supporting material is segregated and stockpiled as required under 4.06.3, the
stockpiled material shall be clearly marked.

4.03      ROADS
4.03.1    Haul Roads.              {{ 30 CFR 781.12, 784.12, 816.150, 816.151, 817.150 &  817.151 }}
(1) General Requirements.
     (a) Each person shall ensure that construction, maintenance, and postmining conditions of haul roads into
and across the site of operations will control or prevent erosion and siltation, pollution of air or water, and damage to
public or private property (120(2)(q) and 121(2)(j)).
     (b) To the extent possible using the best technology currently available, haul roads shall not cause damage
to fish, wildlife, and related environmental values and shall not cause additional contributions of suspended solids to
streamflow or to runoff outside the permit area. Any such contributions shall not be in excess of limitations of State
or Federal law. Prudent dust control practices shall be used as necessary to comply with 4.17 (120(2)(x) and
120(2)(j)).
     ( c) The design for haul roads shall be based on geometric criteria appropriate for the anticipated volume of
traffic and weight and speed of vehicles to be used.
     (d) (i) The design and construction or reconstruction of haul roads not within the disturbed area in
accordance with 4.05.2(4) shall be certified by a qualified registered professional engineer, except as provided for in
Rule 4.03.1(1)(d)(ii). The certification report shall be submitted to the Division upon completion of any construction
or reconstruction and shall indicate that the road has been constructed or reconstructed as designed and in
accordance with the approved plan.
          (ii) In lieu of certification of the design and construction or reconstruction, for existing haul roads
not within the disturbed area and for which the construction or reconstruction was complete prior to August 1, 1995,
the applicant shall provide a relevant showing, on a case by case basis, which may include monitoring data or other
evidence, whether the road meets the performance standards of Rule 4.03.1.
     (e) Alternatives to the design criteria and specifications of 4.03.1(3) may be utilized after approval by the
Division upon a thorough analytical demonstration by a qualified registered professional engineer that such 
alternatives will be as environmentally sound as those resulting from haul roads complying with the requirements of
4.03.1(3) and that the alternatives meet such other criteria as are necessary to achieve reclamation in accordance with
the requirements of this rule, taking into consideration physical, climatological and other characteristics of the site.
Alternatives to the design criteria and specifications of 4.03.1(3)(e) may not be utilized unless, in addition to the
referenced demonstration, appropriate engineering tests establish compliance with a minimum static safety factor of
1.3.
     (f) All haul roads shall be removed and the land affected reclaimed in accordance with the requirements of
4.03.1(7) unless (120(2)(s)):
          (i) Retention of the road is approved as part of the approved postmining land use and the road
complies with all applicable performance standards (120(2)(b)); and
          (ii) The landowner requests to the Division in writing, that the road or certain parts thereof are to
be left open for further use.

(2) Location.
     (a) Haul roads shall be located on ridges or on the most stable available slopes to minimize erosion 
(120(2)(q)).
     (b) No part of any haul road shall be located in the channel of an ephemeral stream draining a watershed of
at least 1 square mile, or in the channel of an intermittent or perennial stream unless specifically approved by the
Division in accordance with applicable sections of 4.05.1, 4.05.2, 4.05.4 and 4.05.18 (120(2)(r)).
     ( c) Fords of ephemeral streams draining a watershed of at least 1 square mile above the diversion or
intermittent streams are prohibited unless they are specifically approved by the Division as temporary routes during
periods of construction. Fords of perennial streams shall not be approved. The fords shall not seriously alter the
normal flow of water, contribute to stream sediment load or adversely affect fish, wildlife, and related environmental
values. All other stream crossings shall be made using bridges, culverts, or other structures designed, constructed,
and maintained to meet the requirements of 4.03.1(4) (120(2)(r) and 120(2)(j)(II)).
     (d) Haul roads shall be located to minimize downstream sedimentation and flooding (120(2)(q)).
     (e) Nothing in 4.03.1(2) shall prohibit an operator from diverting a stream channel in accordance with
4.05.4.

(3) Design and Construction. 
Haul roads not within the disturbed area in accordance with 4.05.2(4) shall be designed and constructed or
reconstructed in compliance with the following standards in order to control erosion and disturbance of the
hydrologic balance:
     (a) Vertical alignment. Maximum road grades shall be as follows:
          (i) The overall grade shall not be steeper than 10h:1v (10 percent).
          (ii) Maximum pitch grade shall not be steeper than 6.5h:1v (15 percent).
          (iii) There shall not be more than 300 feet of pitch grade exceeding 10 percent within any
consecutive 1,000 feet, but in no case shall there be any pitch grade steeper than 6.5h:1v (15 percent).
     (b) Horizontal alignment. Haul roads shall have a horizontal alignment as consistent with the existing
topography as possible, and shall provide the alignment required to meet the performance standards of 4.03.1.
Horizontal and vertical alignment shall be coordinated to ensure that the road will not cause environmental damage.
     ( c) Width. Road widths shall be appropriate for the anticipated volume of traffic and the nature and speed
of vehicles to be used.
     (d) Road cuts.
          (i) Cut slopes shall not be steeper than 1.5h:1v in unconsolidated materials or 0.25h:1v in rock,
except that steeper slopes may be specifically authorized by the Division if geotechnical analysis demonstrates that a
minimum safety factor of 1.5 can be maintained or if geotechnical analysis demonstrates that a safety factor less than
1.5 will not result in significant environmental harm or harm to the public health and safety.
          (ii) Temporary erosion control measures shall be implemented during construction to minimize
sedimentation and erosion until permanent control measures can be established. The entire road cut including the
surrounding area disturbed by construction shall be stabilized with respect to erosion by a vegetation cover or other
means approved by the Division immediately after construction is complete. Where a vegetation cover is used,
consideration shall be given to providing an appropriate growth medium.
     (e) Road embankments.
          (i) All vegetation material and topsoil shall be removed from the embankment foundation during
construction to increase stability, and no vegetation material or topsoil shall be placed beneath or in any haul road
embankment.
          (ii) Where an embankment is to be placed on side slopes steeper than 5h:1v (20 percent), the
existing ground shall be plowed, stepped, or if in bedrock, keyed in a manner which increases the stability of the fill.
The keyway shall be a minimum of 10 feet in width and shall extend a minimum of 2 feet below the toe of the fill.
          (iii) The material for embankments shall be reasonably free of organic material, coal or coal
blossom, frozen materials, wet or peat material, natural soils containing organic matter, or any other material
considered unsuitable for use in embankment construction by the Division. Excess or unsuitable material from 
excavations shall be disposed of in accordance with 4.09.1.
          (iv) Acid-producing materials shall be permitted for constructing embankments only for those haul
roads constructed or reconstructed on coal processing waste banks and only if it has been demonstrated to the
Division that no additional acid will leave the confines of the coal processing waste bank. In no case shall          
acid-bearing refuse material be used outside the confines of the coal processing waste bank. Acid- and toxic-forming
materials shall be disposed of in accordance with 4.05.8, 4.10.1, and 4.14.3.
          (v) Material containing by volume less than 25 percent of rock larger than 6 inches in greatest
dimension shall be spread in successive uniform layers not exceeding 12 inches in thickness before compaction.
          (vi) Where the material for an embankment consists of large-size rock, broken stone, or
fragmented material that makes placing it in 12 inch layers impossible under 4.03.1(3)(d)(v), the embankment shall
be constructed in uniform layers not exceeding in thickness the approximate average size of the rock used, but the
layers shall not exceed 36 inches, rock shall be placed in a manner that will ensure proper placement in the
embankment, so that voids, pockets, and bridging will be reduced to a minimum. The final layer of the embankment
shall meet the requirements of 4.03.1(3)(d)(v).
          (vii) Each layer of the embankment shall be completed, leveled, and compacted before the
succeeding layer is placed. Loads of material shall be leveled as placed and kept smooth. Embankment layers shall
be compacted as necessary to ensure that the embankment is adequate to support the anticipated volume of traffic
and weight and speed of vehicles to be used for the duration of the road. In selecting the method to be used for
placing embankment material, consideration shall be given in the design to such factors as the foundation, geological
structure, soils, type of construction and equipment to be used. If necessary to ensure stability structural and
foundation analysis shall be performed to establish design standards for embankment stability appropriate to the site.
The degree of compaction shall be determined on the basis of soil type and the anticipated volume of traffic and
weight and speed of vehicles to be used for the duration of the road. No lift shall be placed on a layer until the design
density is achieved throughout the layer. American Association of State Highway and Transportation Officials
(AASHTO), specifications such as T-99, T-180, and the modified AASHTO test, 12th Edition, published July, 1978
or other comparable specifications approved by the Division may be used as guidelines for the determination of the
maximum dry density for granular materials. Incorporation by reference of the above publication does not include
future editions. Copies of the above specifications may be obtained by contacting the Director, Mined Land
Reclamation Division, 1313 Sherman Street, Room 215, Denver, Colorado 80203-2273.
          (viii) Material shall be placed in an embankment only when its moisture content is within
acceptable levels to achieve design compaction.
          (ix) Embankment slopes shall not be steeper than 2h:1v, except where embankment material is a
minimum 85 percent rock, slopes shall not be steeper than 1.35h:1v. The specified slope gradients shall not be
exceeded unless it has been demonstrated to the Division that a minimum safety factor of 1.3, or such higher factor
as the Division may specify will be achieved.
     (x) Erosion control. Temporary erosion control measures shall be implemented during embankment
construction to minimize sedimentation and erosion until permanent control measures can be established.
Immediately upon completion, measures shall be taken to stabilize all embankments with vegetation cover or other
means as approved by the Division to minimize erosion. Where a vegetation cover is used, consideration shall be
given to providing an appropriate growth medium (120(2)(q)).
     (xi) Topsoil. Topsoil and other material as determined under 4.06.2 shall be removed from the design
roadbed, shoulders, and surfaces where associated structures will be placed, and shall be stored in accordance with
4.06.3 (120(2)(e)). 

(4) Drainage. Each haul road shall be designed, constructed, or reconstructed, and maintained to have adequate
drainage, using structures, such as, but not limited to, ditches, cross drains, ditch relief drains, culverts and bridges.
The water-control system shall be designed to safely pass peak runoff from a 10-year, 24-hour precipitation event or
a greater event if required by the Division (120(2)(j)(II) and 120(2)(q) ).
     (a) General.
          (i) Natural drainage. Natural channel drainageways shall not be altered or relocated for haul road
construction or reconstruction without the prior approval of the Division in accordance with 4.05.3 and 4.05.4. The
Division may approve alterations and relocations only if (120(2)(r)):
               (A) The natural-channel drainage is not blocked;
               (B) No significant damage occurs to the hydrological balance; and
               ( C) There is no adverse impact on adjoining landowners.
          (ii) Stream crossings. Drainage structures are required for all flowing stream channel crossings.
Drainage structures shall not affect the normal flow or gradient of the stream, or adversely affect fish migration and
aquatic habitat or related environmental values (120(2)(r)). 
          (iii) Haul roads within the disturbed area. Drainage from haul roads constructed within the
disturbed area as described in 4.05.2(4), shall meet the requirements of 4.05.2 and such haul roads shall at a
minimum be designed, constructed, reconstructed and maintained using the best technology currently available to
minimize erosion as required by 4.03.1(4)(b).
          (iv) Haul roads not within the disturbed area. Drainage from haul roads that are not constructed
within the disturbed area as described in 4.05.2(4), shall meet the requirements of 4.03.1(4)(b)-(e) to minimize
erosion, resultant siltation, and disturbance to the prevailing hydrological balance. 
     (b) Measures to control erosion of the disturbed area. Erosion control measures used singly or in
combination include but are not limited to:
          (i) Stabilizing all exposed surface areas to promote a reduction in the rate and volume of runoff;
          (ii) Using straw dikes, riprap, check dams, mulches, vegetation sediment filters, and other
measures that reduce overland flow velocity, reduce runoff volume, or trap sediment; and 
          (iii) Such other measures to minimize erosion, resultant siltation, and disturbance to the prevailing
hydrological balance as required by the Division.
     ( c) Ditches. Drainage ditches shall be placed at the toe of all cut slopes formed by the construction of haul
roads with ditch relief cross drains constructed if necessary to meet the requirements of 4.03.1(1)(a)-(b). Water shall
be intercepted before reaching a switchback or large fill and drained safely away in accordance with the requirements 
of 4.03.1. Water from a fill or switchback shall be released, through conduits or in riprapped channels, or other
facilities to adequately protect the fill. 
     (d) The road surface shall be designed and constructed to prevent ponding of water, to provide erosion
control and to provide road surface stability. 
     (e) Culverts and Bridges.
          (i) Culverts with an end area of 35 square feet or less shall be designed to safely pass the 10-year,
24-hour precipitation event without a head of water at the entrance unless suitable protection against erosion or fill
saturation is in place at the entrance and exit of the culvert. Culverts with an end area of greater than 35 square feet,
and bridges with spans of 30 feet or less, shall be designed to safely pass the 20-year, 24-hour precipitation event. 
Bridges with spans of more than 30 feet shall be designed to safely pass the 100-year, 24-hour precipitation event or
a larger event as specified by the Division.
          (ii) Culverts shall be designed, constructed, and maintained to sustain the vertical soil pressure, the
passive resistance of the foundation, and the weight of vehicles to be used.
          (iii) Drainage pipes and culverts shall be constructed to avoid plugging or collapse and erosion at
inlets and outlets.
          (v) All culverts shall be covered by compacted fill to a minimum depth of 1 foot.
          (vi) Culverts shall be installed to accommodate flow from intersecting drainages, and from road
surface drainage as necessary to control erosion. Design for culverts shall be in accordance with 4.03.1(4)(e) except
where alternative specifications are approved. Alternative specifications may be utilized upon approval by the
Division after a finding that such specifications will not result in an increase of erosion. Such findings shall be based 
on a demonstration by the applicant based at a minimum on consideration of precipitation rates, percent of grade and
soil properties appropriate to the site.
          (A) Culverts may be designed to carry less than the peak runoff from a 10-year, 24-hour
precipitation event if the ditch will not overtop and will remain stable.
          (B) Culverts shall be designed to promote conveyance of design flow.
          ( C) The inlet end shall be protected by a rock headwall or other material as adequate protection
against erosion of the headwall as required by the Division.

(5) Surfacing.
     (a) Haul roads shall be surfaced with rock, crushed gravel, asphalt, or other material approved by the
Division as sufficiently durable for the anticipated volume of traffic and weight and speed of vehicles to be used
(120(2)(d)).
     (b) Acid- or toxic-forming substances shall not be used in haul road surfacing (120(2)(n)).

(6) Maintenance.
     (a) Haul roads shall be maintained in such a manner that the required or approved design standards are met
throughout the life of the entire transportation facility including surface, shoulders, parking and side areas, approach
structures, erosion control devices and cut-and-fill sections (120(2)(q)).
     (b) Haul road maintenance shall include repairs to the road surface, blading, filling of potholes, and
replacement of the road surface. It shall include revegetation, brush removal, watering for dust control, and minor
reconstruction of road segments as necessary.
     ( c) A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired as soon as it is
practicable after the damage has occurred.

(7) Reclamation.
     (a) Unless the Division approves retention of haul roads as suitable for the approved postmining land use,
immediately after the road is no longer needed for operations, reclamation, or monitoring:
          (i) The road shall be closed to vehicular traffic (120(2)(p)); 
          (ii) The natural-drainage patterns shall be restored (120(2)(c));
          (iii) All bridges and culverts shall be removed (120(2)(c));
          (iv) Roadbeds shall be ripped, plowed, and scarified; 
          (v) Fill slopes shall be rounded or reduced and shaped to conform the site to adjacent terrain and to
meet natural-drainage restoration standards (120(2)(c));
          (vi) Cut slopes shall be shaped to blend with the natural contour (120(2)(c));
          (vii) Terraces shall be constructed as necessary to prevent excessive erosion and to provide long-
term stability in cut-and-fill slopes (120(2)(v)(III)); and
          (viii) The regraded area shall be covered with topsoil in accordance with 4.06.4(2) and revegetated
in accordance with 4.15 (120(2)(f) and 120(2)(s)).
          (ix) Road-surfacing materials that are incompatible with the postmining land use and revegetation
requirements shall be removed and disposed of in appropriate disposal areas as authorized by the Division.

4.03.2    Access Roads .           {{ 30 CFR 781.12, 784.12, 816.150, 816.151, 817.150 & 817.151 }}
(1) General Requirements.
     (a) Each person who conducts surface coal mining operations shall 121(2)(j) ensure that the construction,
maintenance, and postmining conditions of access roads into and across the site of operations will control or prevent
erosion and siltation, pollution of air or water, and damage to public or private property (120(2)(q)).
     (b) To the extent possible using the best technology currently available, access roads shall not cause damage
to fish, wildlife, and related environmental values and shall not cause additional contributions of suspended solids to
streamflow or to runoff outside the permit area. Any such contributions shall not be in excess of limitations of State
or Federal law. Prudent dust control practices shall be used as necessary to comply with 4.17  (120(2)(q), 120(2)(x)
and 120(2)(j)).
     ( c) The design of access roads shall incorporate consideration of the needs of the specific uses of the road.
To the extent that the anticipated volume of traffic or weight or speed of vehicles to be used requires higher
standards than those set forth in 4.03.2, such higher standards shall be incorporated in the design construction or
reconstruction and maintenance of access roads.
     (d) Access roads shall be designed and constructed in accordance with 4.03.2 except where alternative
specifications are used (120(6)). 
     (e) Alternatives to the design criteria and specifications of 4.03.2(3) may be utilized after approval by the
Division upon a thorough analytical demonstration by a qualified registered professional engineer that such
alternatives will be as environmentally sound as those resulting from access  roads complying with the requirements
of 4.03.2(3) and that the alternatives meet such other criteria as are necessary to achieve reclamation in accordance
with the requirements of this Rule, taking into consideration the physical, climatological, and other characteristics of
the site. Alternatives to the design criteria and specifications of 4.03.2(3)(e) may not be utilized unless, in addition to
the referenced demonstration, appropriate engineering tests establish compliance with a minimum static safety factor
of 1.3.
     (f) (i) The construction or reconstruction of access roads not within the disturbed area in accordance with
4.05.2(4) shall be certified in a report to the Division by a qualified registered professional engineer, except as
provided for in Rule 4.03.2(1)(f)(ii). The certification report shall be submitted to the Division upon completion of
any construction or reconstruction and shall indicate that the road has been constructed or reconstructed as designed
and in accordance with the approved plan. 
          (ii) In lieu of certification of the design and construction or reconstruction, for existing access
roads not within the disturbed area and for which the construction or reconstruction was complete prior to August 1,
1995, the applicant shall provide a relevant showing, on a case by case basis, which may include monitoring data or
other evidence, whether the road meets the performance standards of Rule 4.03.2.
     (g) All access roads shall be removed and the land affected reclaimed
in accordance with the requirements of 4.03.2(7) unless:
          (i) Retention of the road is approved as part of the approved postmining land use and complies
with all applicable performance standards (120(2)(c) , 120(2)(q), 120(2)(s) and 120(2)(b)); and
          (ii) The landowner requests to the Division in writing, that the road or certain parts thereof are to
be left open for further use.

(2) Location.
     (a) Access roads shall be located on ridges or on the most stable available slopes to minimize erosion
(120(2)(q)).
     (b) No part of any access road shall be located in the channel of an ephemeral stream where the upstream
watershed is at least 1 square mile, or in the channel of an intermittent or perennial stream unless specifically
approved by the Division in accordance with applicable sections of 4.05.1, 4.05.2, 4.05.4, and 4.05.18 (120(2)(r)).
     ( c) Fords of ephemeral streams draining a watershed of at least one square mile above the diversion or
intermittent streams are prohibited unless they are approved by the Division. Fords of perennial streams shall not be
approved. The fords shall not seriously alter the normal flow of water, contribute to stream sediment load or
adversely affect fish, wildlife, and related environmental values. All other stream crossings shall be made using
bridges, culverts, or other structures, designed, constructed, and maintained to meet the requirements of 4.03.2(4)
(120(2)(q)).
     (d) Access roads shall be located to minimize downstream sedimentation and flooding (120(2)(q)).
     (e) Nothing in 4.03.2(2) shall prohibit an operator from diverting a stream channel in accordance with
4.05.4.

(3) Design and Construction.
Access roads not within the disturbed area in accordance with 4.05.2(4) shall be designed and constructed or 
reconstructed in compliance with the following standards in order to control erosion and disturbance of the
hydrologic balance:
     (a) Vertical alignment. A continuous grade with excessive cuts or embankments shall be avoided. Changes
of grade shall be made to conform as closely as possible to the existing terrain, and maximum road grades shall be as
follows: 
          (i) The overall grade shall not be steeper than 10h:1v (10 percent).
          (ii) The pitch grade shall not be steeper than 6.5h:1v (15 percent), for any consecutive 1,000 feet.
          (iii) The pitch grade exceeding 15 percent shall not be longer than 300 feet within any consecutive
1,000 feet.
     (b) Horizontal alignment. Access roads shall have horizontal alignment as consistent with the existing
natural topography as possible, and shall provide the alignment required to meet the performance standards of
4.03.2. Horizontal and vertical alignment shall be coordinated to ensure that the road will not cause environmental
damage. 
     ( c) Width. Road widths shall be appropriate for the anticipated volume of traffic and the nature and speed
of vehicles to be used. 
     (d) Road cuts.
          (i) Cut slopes shall not be steeper than 1.5h:1v in unconsolidated materials or 0.25h:1v in rock,
except that steeper slopes may be specifically authorized by the Division if geotechnical analysis demonstrates that a
minimum safety factor of 1.5 can be maintained or if geotechnical analysis demonstrates that a safety factor less than
1.5 will not result in significant environmental harm or harm to the public health and safety.
          (ii) Temporary erosion control measures shall be implemented during construction to minimize 
sedimentation and erosion until permanent control measures can be established. The entire road cut including  the
surrounding area disturbed by construction shall be stabilized with respect to erosion by a vegetation cover or other
means approved by the Division immediately after construction is complete. Where a vegetation cover is used,
consideration shall be given to providing an appropriate growth medium. 
     (e) Road embankments.
          (i) All vegetation material and topsoil shall be removed from the embankment foundation during
construction to increase stability, and no vegetation material or topsoil shall be placed beneath or in any access road
embankment.
          (ii) Where an embankment is to be placed on side slopes steeper than 3h:1v (33 percent), the
existing ground shall be plowed, stepped, or if in bedrock, keyed in a manner which increases the stability of the fill.
The keyway shall be a minimum of 10 feet in width and shall begin at the toe of fill. No material shall be placed
below the toe or be allowed to slide below the toe. For slopes flatter than 3h:1v (33 percent), the slopes shall be
scarified to ensure bonding of the embankment and natural material. 
          (iii) The material for embankments shall be reasonably free of organic material, coal or coal
blossom, frozen materials, wet or peat material, natural soils containing organic matter, or any other material
considered unsuitable for use in embankment construction by the Division. Excess or unsuitable material from
excavations shall be disposed of in accordance with 4.09.1. Acid- and toxic-forming material shall be disposed of in
accordance with 4.05.8, 4.10.1, and 4.14.3.
          (iv) Material containing by volume less than 25 percent of rock larger than 6 inches in greatest
dimension shall be spread in successive uniform layers not exceeding 12 inches in thickness before compaction.
          (v) Where the material for an embankment consists of large-size rock, broken stone, or fragmented
material that makes placing in 12-inch layers impossible under 4.03.2(3)(d)(iv), the embankment shall be constructed
in uniform layers not exceeding in thickness the approximate average size of the rock used, but the layers shall not
exceed 36 inches in thickness. Rock shall be placed in a manner that will ensure proper placement in the
embankment, so that voids, pockets, and bridging will be reduced to a minimum. The final layer of the embankment
shall meet the requirements of 4.03.2(3)(d)(iv). 
          (vi) Each layer of the embankment shall be completed, leveled, and compacted before the
succeeding layer is placed. Embankment material shall be leveled as placed and kept smooth. Compaction shall be
performed to the extent necessary to ensure stability.
          (vii) Material shall be placed in an embankment under moisture content conditions which will
permit compaction and ensure proper soil cohesion.
          (viii) Embankment slopes shall not be steeper than 1.5h:1v, except that if the embankment material
is a minimum of 85 percent rock, slopes shall not be steeper than 1.35h:1v if it has been demonstrated to the Division
that embankment stability will result. 
          (ix) The minimum safety factor for embankments which exceed the slope gradients specified in
(viii) above shall be 1.3, or such higher factor as the Division may specify.
          (x) Erosion control. Temporary erosion control measures shall be implemented during
embankment  construction to control sedimentation and minimize erosion until permanent control measures can be
established. Immediately upon completion, measures shall be taken to stabilize all embankments with a vegetation
cover or other means as a approved by the Division to minimize erosion. Where a vegetation cover is used,
consideration shall be given to providing an appropriate growth medium (120(2)(q)).
          (xi) Topsoil. Topsoil and other materials as determined under 4.06.2 shall be removed from the
design roadbed, shoulders, and surfaces where associated structures will be placed, and shall be stored in accordance
with 4.06.3 (120(2)(e)).

(4) Drainage. Each access road shall be designed, constructed, or reconstructed, and maintained to have adequate
drainage, using structures, such as, but not limited to, ditches, cross drains, ditch relief drains, culverts and bridges.
The water-control system shall be designed to safely pass peak runoff from a 10-year, 24-hour precipitation event or
a greater event if required by the Division (120(2)(j)(II) and 120(2)(q)).
     (a) General.
          (i) Natural drainage. Natural channel drainageways shall not be altered or relocated for access road
construction or reconstruction without the prior approval of the Division in accordance with 4.05.3 and 4.05.4. The
Division may approve alterations and relocations only if (120(2)(r)):
               (A) The natural-channel drainage is not blocked;
               (B) No significant damage occurs to the hydrological balance; and
               ( C) There is no adverse impact on adjoining landowners.
          (ii) Stream crossings. Drainage structures are required for all flowing stream channel crossings.
Drainage structures shall not affect the normal flow or gradient of the stream, or adversely affect fish migration and
aquatic habitat or related environmental values (120(2)(r)).
          (iii) Access roads within the disturbed area. Drainage from access roads constructed within the 
disturbed area as described in 4.05.2(4), shall meet the requirements of 4.05.2 and such access roads shall at a
minimum be designed, constructed, reconstructed and maintained using the best technology currently available to
minimize erosion as required by 4.03.2(4)(b).
          (iv) Access roads not within the disturbed area. Drainage from access roads that are not
constructed within the disturbed area as described in 4.05.2(4), shall meet the requirements of 4.03.2(4)(b)-(e) to
minimize erosion, resultant siltation, and disturbance to the prevailing hydrological balance.
     (b) Measures to control erosion within the disturbed area. Erosion control measures used alone or in
combination include, but are not limited to:
          (i) Stabilizing all exposed surface areas to promote a reduction in the rate and volume of runoff;
          (ii) Using straw dikes, riprap, check dams, mulches, vegetation sediment filters, and other
measures that reduce overland flow velocity, reduce runoff volume, or trap sediment; and
          (iii) Such other measures to minimize erosion, resultant siltation, and disturbance to the prevailing
hydrological balance as required by the Division.
     ( c) Ditches and alternative measures for roadbed erosion control. Drainage ditches shall be constructed at
the toe of all cut slopes formed by the construction of access roads with ditch relief cross drains spaced according to
grade. Water shall be intercepted before reaching a switchback or large fill and discharged below the switchback or
fill through conduits or riprapped channels. For every segment of an access road without drainage ditches where
required to minimize erosion on the roadbed, drainage shall be provided by surface dips. These drainage dips shall
be constructed as undulations in the roadway of sufficient height from the hydraulic bottom to the top of the dip to
allow for adequate drainage of the road surface; dip spacing shall be sufficient to minimize erosion of the road
surface. Insloped dips shall discharge either into a culvert or drop inlet. Outslope dips shall discharge either onto
natural ground or onto embankments if adequate surface protection is provided to minimize erosion.
     (d) The road surface shall be sloped as sufficient to prevent ponding of water and erosion of the road
surface.
     (e) Culverts and Bridges.
          (i) Culverts with an end area of 35 square feet or less shall be designed to safely pass the 10-year,
24-hour precipitation event without a head of water at the entrance unless suitable protection against erosion or fill
saturation is in place at the entrance and exit of the culvert. Culverts with an end area of greater than 35 square feet,
and bridges with spans of 30 feet or less, shall be designed to safely pass the 20-year, 24-hour precipitation event.
Bridges with spans of more than 30 feet shall be designed to safely pass the 100-year,24-hour precipitation event or a
larger event as specified by the Division.
          (ii) Culverts shall be designed, constructed, and maintained to sustain the vertical soil pressure, the
passive resistance of the foundation, and the weight of vehicles to be used.
          (iii) Drainage pipes and culverts shall be constructed to avoid plugging or collapse and erosion at
inlets and outlets.
          (iv) Trash racks and debris basins shall be installed in the drainage area wherever debris from the
drainage area could impair the functions
of drainage and sediment control structures.
          (v) Culverts shall be installed to accommodate flow from small intersecting drainages and from
road surface drainage as necessary to control erosion. Design for culverts shall be in accordance with 4.03.2(4)(e)
except where alternative specifications are utilized. Alternative specifications may be utilized upon approval by the
Division after a finding that such specifications will not result in an increase of erosion. Such finding shall be based
on a demonstration by the applicant based at a minimum on consideration of precipitation rates, percent of grade and
soil properties appropriate to the site.
               (A) Culverts may be designed to carry less than the peak runoff from a 10-year, 24-hour
precipitation event if the ditch will not overtop and will remain stable. 
               (B) Culverts shall be placed in a manner to promote conveyance of the design flow.
          (vi) All culverts shall be covered by compacted fill to a depth of 1 foot. 

(5) Surfacing.
     (a) Access roads shall be surfaced with rock, crushed gravel, asphalt, or other material approved by the
Division as sufficiently durable for the anticipated volume of traffic and weight and speed of vehicles to be used
(120(2)(d)).
     (b) Acid- or toxic-forming substances shall not be used in road surfacing (120(2)(n)).
     ( c) Vegetation shall not be cleared for more than the width necessary for road and associated ditch
construction to serve traffic needs and for utilities.

(6) Maintenance.
     (a) Access roads shall be maintained in such a manner that the required or approved design standards are
met throughout the life of the entire transportation facility including surface, shoulders, parking and side areas,
approach structures, and erosion control devices (120(2)(q)).
     (b) Access road maintenance shall include basic custodial care as required to prevent damage to adjacent
resources. This includes maintenance to control erosion, repair of structures and drainage systems, removal of rocks
and debris, replacement of surface, and restoration of the road prism.
     ( c) A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired as soon as it is
practicable after the damage has occurred.

(7) Reclamation.
     (a) Unless the Division approves retention of access roads as suitable for the approved postmining land use,
immediately after the road is no longer needed for operations, reclamation, or monitoring: 
          (i) The road shall be closed to vehicular traffic (120(2)(p));
          (ii) The natural-drainage patterns shall be restored (120(2)(c));
          (iii) All bridges and culverts shall be removed (120(2)(b));
          (iv) Roadbeds shall be ripped, plowed, and scarified (120(2)(p));
          (v) Fill slopes shall be rounded or reduced and shaped to conform the site to adjacent terrain and to
meet natural-drainage restoration standards (120(2)(c));
          (vi) Cut slopes shall be shaped to blend with the natural contour (120(2)(c));
          (vii) Terraces shall be constructed as necessary to prevent excessive erosion and to provide long-
term stability in cut-and-fill slopes (120(2)(v)(III)); and
          (viii) The regraded area shall be covered with topsoil in accordance with 4.06.4(2) and revegetated
in accordance with 4.15 (120(2)(f) and 120(2)(s)). 
          (ix) Road-surfacing materials that are incompatible with the post-mining land use and revegetation
requirements shall be removed and disposed of in appropriate disposal areas as authorized by the Division.

4.03.3    Light-Use Roads .                  {{ 30 CFR 816.150, 816.151, 817.150 & 817.151 }}
(1) General Requirements.
     (a) Each person who conducts surface coal mining operations shall design, construct or reconstruct, utilize,
and maintain light-use roads to control or prevent erosion and siltation, air and water pollution, and damage to public
or private property (120(2)(q) and 121(2)(j)).
     (b) To the extent possible using the best technology currently available, light-use roads shall not cause
damage to fish, wildlife, and related environmental values and shall not cause additional contributions of suspended
solids to streamflow or to runoff outside the permit area. Any such contributions shall not be in excess of limitations
of State or Federal law. Prudent dust control practices shall be used as necessary to comply with 4.17 (120(2)(x) and
120(2)(j)).
     ( c) To the extent that the anticipated volume or weight or speed of vehicles to be used requires higher
standards than those set forth in 4.03.3, such higher standards shall be incorporated in the design, construction, and
reconstruction or maintenance of light-use roads.
     (d) All light-use roads shall be completely removed and the land affected regraded to the approximate
original contour and revegetated in accordance with the requirements of 4.03.3(7) except where 4.03.3(2)(e) shall
apply (120(2)( c), 120(2)(q) and 120(2)(s)).

(2) Location. 
     (a) Light-use roads shall be located on ridges or on the most stable available slopes to minimize erosion
(120(2)(q)). 
     (b) No part of any light-use road shall be located in the channel of an ephemeral stream where the upstream
watershed is at least 1 square mile, or in the channel of an intermittent or perennial stream unless specifically
approved by the Division in accordance with applicable sections of 4.05.1, 4.05.2, 4.05.4, and 4.05.18 (120(2)(r)).
     ( c) Stream fords of an ephemeral stream where the upstream watershed is at least 1 square mile,
intermittent or perennial streams are prohibited unless they are approved by the Division and will not adversely
affect stream sedimentation or fish, wildlife, and related environmental values. All other stream crossings shall be
made using bridges, culverts, or other structures designed, constructed, and maintained to meet the requirements of
4.03.3(4) (120(2)(r)).
     (d) Light-use roads shall be located to minimize down-stream sedimentation and flooding (120(2)(q)).
     (e) A light-use road may be constructed in the same alignment as a haul or access road that is to be
constructed on the same location at a later date. This may be permitted if the requirements for the location of the haul
or access road are met, and the construction begins within 6 months from the time the light-use road is constructed.
(f) Light-use roads shall not be located in wet, steep, or unstable areas where complete reclamation under 4.03.3(7)
cannot be accomplished.

(3) Design and construction. 
Field-design methods may be utilized for light-use roads.
     (a) Vertical Alignment. Except for pre-existing roads, roads within the disturbed area in accordance with
4.05.2(4), or where lesser grades are necessary to control site-specific conditions as approved by the Division
maximum road grades shall be as follows: 
          (i) The overall grade shall not be steeper than 10h:1v (10 percent). 
          (ii) The pitch grade shall not be steeper than 5h:1v (20 percent) for any consecutive 1,000 feet.
          (iii) The pitch grade exceeding 20 percent shall not be longer than 300 feet within any consecutive
1,000 feet.
     (b) Horizontal alignment. Light-use roads may meander so as to avoid large growths of vegetation and other
natural obstructions.
     ( c) Width. Road widths shall be appropriate for the anticipated volume of traffic and the nature and speed
of vehicles to be used.
     (d) Road cuts. Sidecast construction may be used.
     (e) Road embankments. Compaction on embankments shall be required only to the extent necessary to
control erosion and maintain the road. 
     (f) Topsoil removal. Topsoil shall be removed and stockpiled where required by the Division or where
excavation would require replacement of material and redistribution of topsoil for proper revegetation.
     (g) Vegetation shall not be cleared for more than the width necessary to serve traffic and utility needs.

(4) Drainage.
     (a) (i) Light-use road drainage shall consist of culverts in 120(2)(r) flowing streams, wet areas, and in
ephemeral channels as necessary to protect the facility during its life and to minimize disturbance of the hydrologic
balance (120(2)(j)(II)).
          (ii) Sediment control shall comply with 4.05.2 and 4.05.5. 
     (b) Culverts and bridges. Culverts or bridges shall be installed for crossings of all flowing drainages and
streams. Light-use roads planned to be used for a period of less than 6-months shall utilize temporary culverts or
bridges designed to safely pass the 1-year, 6-hour precipitation event, or larger event as specified by the Division.
Light-use roads planned to be used for a period of more than 6 months shall utilize culverts and bridges designed to
safely pass the 10-year, 24-hour precipitation event or longer as specified by the Division.
     ( c) Ditches, cross drains, road surface drainage culverts, and ditch relief drains shall be installed as
required by the Division to control erosion for light-use roads (120(2)(d)).
     (d) Natural drainage. Natural-channel drainageways shall not be altered or relocated for the purposes of
light-use road construction (120(2)(r)).
     (e) Stream crossings. Drainage structures required for crossing streams shall not affect the normal flow or
gradient of the stream, adversely affect the fish migration and aquatic habitat or related environmental values
(120(2)(r)).

(5) Surfacing.
     (a) Light-use road surfaces shall be adequate for the use of the road (120(2)(d)).
     (b) Acid- or toxic-forming substances shall not be used in road surfacing (120(2)(n)).

(6) Maintenance.
     (a) Light-use road maintenance shall be sufficient to ensure minimization of erosion for the life of the road
(120(2)(q)).
     (b) Light-use roads shall not be used if climatic conditions are such that usage may cause degradation of
water quality.
     ( c) A road damaged by a catastrophic event such as a flood or earthquake, shall be repaired as soon as is
practicable after the damage has occurred.

(7) Reclamation.
Immediately after a light-use road is no longer needed for operations,
reclamation, monitoring or the postmining land use as approved by the Division:
     (a) The road shall be closed to vehicular traffic (120(2)(p));
     (b) The natural drainage patterns shall be restored (120(2)(c));
     ( c) All bridges and culverts shall be removed (120(2)(b));
     (d) Roadbeds shall be ripped, plowed, and scarified (120(2)(p));
     (e) Fill slopes shall be rounded or reduced and shaped to conform to the site, to adjacent terrain and to meet
natural-drainage restoration standards (120(2)(c));
     (f) Cut slopes shall be reshaped to blend with the natural contour (120(2)(c));
     (g) Cross drains, dikes, and water bars shall be constructed to control erosion; and
     (h) Road surfaces from which topsoil has been removed shall be covered with topsoil in accordance with
4.06.4(2), and the surface shall be revegetated in accordance with 4.15 (120(2)(f)).
     (i) Road-surfacing materials that are incompatible with the post-mining land use and revegetation
requirements shall be removed and disposed of in appropriate disposal areas as authorized by the Division.

4.04      SUPPORT FACILITIES       {{ 30 CFR 816.180, 816.181, 817.180 & 817.181 }}
Support facilities required for, or used incidental to surface or underground mining activities, including, but not
limited to, mine buildings, coal loading facilities at or near the mine site, coal storage facilities, equipment storage
facilities, fan buildings, hoist buildings, preparation plants, sheds, shops, other buildings, railroad loops, spurs,
sidings, surface conveyor systems, chutes, aerial tramways, or other transportation facilities shall be designed,
constructed or reconstructed, and maintained, and the area restored, to (103(26)):

(1) Prevent, to the extent possible using the best technology currently available;
     (a) Damage to fish, wildlife, and related environmental values (120(2)(x)); and 
     (b) Additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such
contributions shall not be in excess of limitations of State or Federal law (120(2)(j)(II)(A)).

(2) Control and minimize diminution or degradation of water quality and quantity (120(2)(j));

(3) Control and minimize erosion and siltation (120(2)(d));

(4) Control and minimize air pollution (120(2)(d));

(5) Prevent damage to public or private property (111(1)(k)); and

(6) Minimize damage, destruction, or disruption of services provided by oil, gas, and water wells; oil, gas, and coal
slurry pipelines; railroads, electric and telephone lines; water and sewage lines which pass over, under, or through
the permit area, unless otherwise approved by the owner of those facilities and the Division.


4.05      HYDROLOGIC BALANCE
4.05.1    General Requirements.                        {{ 30 CFR 816.41 & 817.41 }}
(1) Surface and underground mining activities shall be planned and conducted to minimize disturbance of the
prevailing hydrologic balance in both the mine plan and adjacent areas, and to prevent material damage to the
hydrologic balance outside the permit area in order to prevent long-term adverse changes in the hydrologic balance
(111(1)(m) and 120(2)(j)).

(2) Changes in water quality and quantity, in the depth to ground water, and in the location of surface water drainage
channels shall be minimized so that the approved postmining land use of the permit area is not adversely affected.

(3) In no case shall Federal and State water quality statutes, regulations, standards, or effluent limitations be violated
(120(2)(j)(II)(A)).

(4) Operations shall be conducted to minimize water pollution and, where necessary, treatment methods shall be used
to control water pollution (120(2)(j)).
     (a) Each person who conducts surface or underground mining activities shall emphasize mining and
reclamation practices that prevent or minimize water pollution. Changes in flow or drainage shall be used in
preference to use of water treatment facilities.
     (b) Acceptable practices to control and minimize water pollution for surface coal mining operations include,
but are not limited to:
          (i) Stabilizing disturbed areas through land shaping (120(2)(c));
          (ii) Diverting runoff (120(2)(j));
          (iii) Achieving quickly growing stands of temporary vegetation (120(2)(d));
          (iv) Regulating channel velocity of water;
          (v) Lining drainage channels with rock or vegetation;
          (vi) Mulching;
          (vii) Selectively placing and sealing acid-forming and toxic-forming materials (120(2)(n)); and
          (viii) Selectively placing waste materials in backfill areas (120(2)(n)).
     ( c) Additional practices to control and minimize water pollution for underground mining activities include,
but are not limited to:
          (i) Sealing (121(2)(i)(I)( C));
          (ii) Controlling subsidence (121(2)(a));
          (iii) Preventing acid mine drainage (121(2)(i)(I)); and
          (iv) Designing mines to prevent gravity drainage of water (121(2)(l)).
     (d) If the practices listed in 4.05.1(4)(b) and ( c) are not adequate to meet the performance standard
requirements, the person who conducts surface or underground mining activities shall operate and maintain the
necessary water treatment facilities for as long as treatment is required under the requirements of this Rule
(120(2)(j)).

4.05.2    Water Quality Standards and Effluent Limitations. {{ 30 CFR 816.42, 816.46, 817.42 & 817.46 }}
(1) All surface drainage from the disturbed area, including disturbed areas that have been graded, seeded, or planted,
shall be passed through a sedimentation pond, a series of sedimentation ponds, or other treatment facilities before
leaving the permit area. Any discharge of water from underground workings to surface waters which does not meet
the effluent limitations of 4.05.2 shall also be passed through a sedimentation pond, a series of sedimentation
ponds, or other treatment facilities before leaving the permit area (120(2)(j)(II)(A) and 121(2)(I)(II)).

(2) Sedimentation ponds and other treatment facilities for surface drainage from the disturbed area shall be
maintained until removal is authorized by the Division and the disturbed area has been revegetated and stabilized,
the untreated drainage area has been revegetated and stabilized, the untreated drainage from the disturbed area ceases
to contribute additional suspended solids above natural conditions, and the quality of untreated drainage from the
disturbed area meets the State and Federal water quality standard requirements applicable after the sedimentation
ponds and treatment facilities are removed, if any, for receiving streams. Sedimentation ponds and other treatment
facilities for discharges from underground workings shall be maintained until either the discharge continuously meets
the effluent limitations without treatment or until the discharge has permanently ceased. In no case shall the
sedimentation ponds and treatment facilities be removed sooner than 2 years after the last seeding within the affected
contributing watershed. When the sedimentation pond is removed, the affected land shall be regraded and
revegetated in accordance with 4.13, 4.14, and 4.15.1-4.15.4, unless the pond or other treatment facility has been
approved by the Division for retention as compatible with the approved postmining land use in accordance with 4.16.
If the Division approved retention, the sedimentation pond or other treatment facilities shall meet all the
requirements for permanent impoundments of 4.05.9 and 4.05.17 (120(2)(j)).

(3) The Division may grant exemptions from these requirements only in accordance with the following:
     (a) The person who conducts the surface or underground mining activities demonstrates that sedimentation
ponds and other treatment facilities are not necessary for the drainage to meet the effluent limitations of 4.05.2 and
the applicable State and Federal water quality requirements for downstream receiving waters; and
     (b) (i) For drainage from areas affected by surface coal mining operations, an exemption may be authorized
only if the disturbed surface drainage area within the total disturbed surface area is small and there is no mixture of
surface drainage with a discharge from underground mine workings; or
          (ii) For drainage from underground mine workings, an exemption may be authorized only if there
is no mixture of that drainage with drainage from surface areas.

(4) For the purposes of 4.05.2, "disturbed area" shall not include those areas in which only diversion ditches,
sedimentation ponds, other treatment facilities, or roads are installed in accordance with the performance standard
requirements of this Rule and those areas in which the upstream area is not otherwise disturbed by the person who
conducts the surface coal mining operations.

(5) Sedimentation ponds or other treatment facilities required by 4.05.2 shall be constructed in  accordance with
4.05.6 in appropriate locations before beginning any surface or underground mining activities in the drainage area to
be affected (120(2)(j)(II)(B)).

(6) Surface coal mining operations shall be conducted to meet the applicable State or Federal effluent limitations for
all of the mixed drainage in cases where the sedimentation pond, series of sedimentation ponds or other treatment
facilities is used so as to result in mixing of drainage from the disturbed areas with drainage from other areas not
disturbed by current surface coal mining operations.

(7) Discharges of water from areas disturbed by surface coal mining and reclamation operations shall be made in
compliance with the Colorado Water Quality Control Act, 25-8-101 to 703, C.R.S. as amended and regulations
promulgated pursuant thereto, and with the effluent limitations for coal mining promulgated by the United States
Environmental Protection Agency set forth in 40 CFR Part 434, (July 1, 1993). 40 CFR Part 434 is hereby
incorporated by reference as it exists on the date of these regulations. This rule does not include later amendments to
or editions of the incorporated material. Certified copies of the 40 CFR Part 434 Rules are available at cost upon
request from the Division and are available for inspection at the Division's Denver Office. The Division Director can
provide further information regarding how the incorporated material may be obtained or examined.

(8) Adequate facilities shall be installed, operated, and maintained for surface coal mining operations to treat any
water discharged from the disturbed area or in the case of underground mining activity, discharged from the
underground mine, so that it complies with all Federal and State laws and regulations and limitations of 4.05.2. If the
pH of water to be discharged from the disturbed area or mine is less than 6.0, an automatic lime feeder or other
automatic neutralization approved by the Division shall be installed, operated, and maintained. The Division may
authorize the use of a manual system, if it finds that:
     (a) Flow is infrequent and presents small and infrequent treatment requirements to meet applicable
standards which do not require use of an automatic neutralization process; and
     (b) Timely and consistent treatment is ensured.

4.05.3    Diversions and Conveyance of Overland Flow and Shallow Ground Water Flow, and Ephemeral
          Streams Draining a Watershed Less Than One Square Mile.     {{ 30 CFR 816.43 & 817.43 }}
(l) Overland flow, including flow through litter, and shallow ground water flow from undisturbed areas, and flow in
ephemeral streams draining a watershed less than one square mile above the diversion, may be diverted away from
disturbed areas by means of temporary or permanent diversions, if required or approved by the Division as necessary
to minimize erosion, to reduce the volume of water to be treated, and to prevent or remove water contact with    
acid-forming or toxic-forming materials. Diversions and collection drains that are used to transport water into  
water-treatment facilities and for all diversions of overland and shallow ground water flow and ephemeral streams
draining a watershed of less than one square mile above the diversion must (120(2)(j) and 121(2)(i)):
     (a) Comply with the other requirements of this rule;
     (b) Be approved by the Division after making the findings required by Rule 4.05.18;
     ( c) Be designed, located, constructed, maintained and used to comply with applicable local, State and
Federal statutes and regulations;
     (d) Be designed, located, constructed, maintained and used so as not to increase the potential for
downstream flooding, or otherwise endanger property or public safety;
     (e) Be designed, located, constructed, maintained and used to minimize adverse impacts to the hydrologic
balance, and to be stable; and,
     (f) Not be constructed or operated to divert water into underground mines without the approval of the
Division in accordance with Rule 4.05.16.

(2) Temporary diversions shall be constructed to pass safely the peak runoff from a precipitation event with a 2-year,
recurrence interval, or a larger event as specified by the Division for good cause shown. 

(3) To protect fills and property and to avoid danger to public health and safety, permanent diversions shall be
constructed to pass safely the peak runoff from a precipitation event with a 10-year, recurrent interval, or a larger
event as specified by the Division for good cause shown. Permanent diversions shall be constructed with gently
sloping banks that are stabilized by vegetation. Asphalt, concrete, or other similar linings shall be used only when
approved by the Division to prevent seepage or to provide stability.

(4) Diversions shall be designed, constructed, and maintained in a manner which prevents additional contributions of
suspended solids to streamflow and to runoff outside the permit area, to the extent possible using the best technology
currently available. Appropriate sediment control measures for these diversions may include, but not be limited to,
maintenance of appropriate gradients, channel lining, revegetation, roughness structures, and detention basins.

(5) When constructed, diversions shall be designed and located in a manner that
minimizes the potential for landslides. No diversion shall be constructed on
existing landslides, unless approved by the Division (120(2)(u)).

(6) When no longer needed, each temporary diversion shall be removed and the affected land regraded, topsoiled
and revegetated in accordance with 4.06, 4.14, and 4.15. Before diversions are removed, downstream treatment
facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or
failure of the facilities. Removal of any sedimentation pond will be accomplished in accordance with 4.05.6(12). If
the temporary diversion were for an ephemeral stream, the channel shall be reestablished to functionally blend with
the undisturbed drainage above and below the area to be reclaimed.

(7) Diversion design shall incorporate the following:
     (a) Channel linings, including channel riprap, shall be designed using standard engineering practices to pass
safely the design velocities.
     (b) Freeboard shall be no less than 0.3 feet. Protection shall be provided for transition of flows and for
critical areas such as swales and curves. Where the area protected is a critical area as determined by the Division, the
design freeboard may be increased.
     ( c) Energy dissipators shall be installed when necessary at discharge points, where diversions intersect with
natural streams and exit velocity of the diversion flow is greater than that of the receiving stream.
     (d) Excess excavated material not necessary for diversion channel geometry or regrading of the channel
shall be disposed of in a manner approved by the Division.
     (e) Topsoil shall be handled in compliance with 4.06.

4.05.4    Stream Channel Diversions (Relocation of Streams) and Stream Channel Reconstruction.
     {{ 30 CFR 816.43 & 817.43 }}
(1) Diversions of flow from ephemeral streams draining a watershed of at least one square mile above the diversion,
intermittent, or perennial streams within the permit area must (120(2)(j) and 121(2)(i)):
     (a) Comply with the other requirements of this rule;
     (b) Comply with the requirements of rules 4.05.3(1)(b) through (f).

(2) When streamflow is allowed to be diverted, the design and construction shall be certified by a qualified registered
professional engineer as meeting all applicable performance standards and design criteria. The design, construction,
and removal of stream channel diversions shall be in accordance with the following:
     (a) The longitudinal profile of the stream, the channel, and the floodplain shall be designed and constructed
to remain stable and to prevent, to the extent possible, using the best technology currently available, additional
contributions of suspended solids to streamflow or to runoff outside the permit area. These contributions shall not be
in excess of requirements of State or Federal law. Erosion control structures such as channel lining structures,
retention basins, and artificial channel roughness structures shall be used in diversions only when approved by the
Division as being necessary to control erosion. These structures shall be approved for permanent diversions only
where they are stable and will require infrequent maintenance.
     (b) The combination channel, bank, and floodplain configurations shall be adequate to pass safely the peak
runoff of a l0-year, 24-hour precipitation event for temporary diversions, a l00-year, 24-hour precipitation event for
permanent diversions, or larger event specified by the Division. However, the capacity of the channel itself shall be
at least equal to the capacity of the unmodified hydraulic stream channel immediately upstream and downstream of
the diversion. 

(3) When no longer needed to achieve the purpose for which they were authorized, all temporary stream channel
diversions shall be removed and the affected land regraded, topsoiled, and revegetated, in accordance with 4.06,
4.14, and 4.15. At the time diversions are removed, downstream treatment facilities previously protected by the
diversion shall be modified or removed to prevent overtopping or failure of the facilities. This requirement shall not
relieve the person who conducts the surface or underground mining activities from maintenance of a water treatment
facility otherwise required under this Rule.

(4) Permanent stream channel diversions may be constructed with the approval of the Division if such diversions are
consistent with applicable state law, would not diminish downstream water rights and meet the requirements of 
4.05.4. When permanent diversions are constructed or stream channels restored after temporary diversions, the
drainage design shall emphasize channel and floodplain dimensions that approximate the premining configuration
and that will blend with the undisturbed drainage above and below the area to be reclaimed. The average stream
gradient shall be maintained with a stable longitudinal profile and the channel and floodplain shall be designed and
constructed to the extent possible, using the best technology currently available to:
     (a) Establish or restore the channel to approximate its natural meandering pattern with a geomorphically
acceptable gradient as approved by the Division;
     (b) Allow the drainage channel to remain in dynamic equilibrium with the drainage basin system without the
use of artificial structural controls unless approved by the Division;
     ( c) Establish or restore the stream to include a diversity of aquatic habitats (generally a series of riffles and
pools) where appropriate, that approximates the premining characteristics; and
     (d) Restore, enhance where practicable, or maintain natural riparian vegetation on the banks of the stream in
accordance with the requirements of 4.15.

4.05.5    Sediment Control Measures.                   {{ 30 CFR 816.45 & 817.45 }}
(1) Appropriate sediment control measures shall be designed, constructed,
and maintained using the best technology currently available to (120(2)(j)(II) and121(2)(i)(II)):
     (a) Prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside
the permit area;
     (b) Meet the applicable State or Federal effluent limitations; and
     ( c) Minimize erosion as necessary to provide protection for topsoil, vegetation, fish and wildlife, and the
hydrologic balance.

(2) The sedimentation storage capacity of practices in and downstream from the disturbed area shall reflect the
degree to which successful mining and reclamation techniques are applied to reduce erosion and control sediment.
Sediment control measures consist of the utilization of proper mining and reclamation methods and sediment control
practices, singly or in combination. Sediment control methods include but are not limited to:
     (a) Disturbing the smallest practicable area at any one time during the mining operation through progressive
backfilling, grading, and prompt revegetation as required in 4.15;
     (b) Stabilizing the backfill material to promote a reduction in the rate and volume of runoff, in accordance
with the requirements of 4.14;
     ( c) Retaining sediment within disturbed areas;
     (d) Diverting runoff away from disturbed areas;
     (e) Diverting runoff using protected channels or pipes through disturbed areas so as not to cause additional
erosion;
     (f) Using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds, and other
measures that reduce overland flow velocity, reduce runoff volume, or trap sediment;
     (g) Treating with chemicals, provided that such treatment does not adversely affect fish and wildlife and
related environmental values; and
     (h) Treating mine drainage in underground sumps.

4.05.6    Sedimentation Ponds.          {{ 30 CFR 77.216, 780.12, 780.18, 816.46, 816.49 & 817.46 }}
(1) General Requirements. Sedimentation ponds and other treatment facilities shall be used individually or in series
and shall (120(2)(j)(II) and 121(2)(i)(II)):
     (a) Be constructed before any disturbance of the undisturbed area to be drained into the pond and prior to
any discharge of water to surface waters from underground mine workings; and
     (b) Be located as near as practicable to the disturbed area and out of perennial streams, unless approved by
the Division.

(2) Sedimentation ponds and other treatment facilities shall be designed, constructed and maintained in compliance
with 4.05.6 and 4.05.9.

(3) Sedimentation ponds and other treatment facilities shall be designed, constructed and maintained to:
     (a) Provide adequate capacity to contain or treat the runoff or inflow entering the pond as a result of         
10-year, 24-hour precipitation event, any additional storage resulting from the inflow from any underground mine,
and the inflow from any water to be pumped from the pit into the sedimentation pond to effect compliance with
4.05.2(7). In determining the runoff volume, the characteristics of the mine site and reclamation procedures,
and on-site sediment control practices shall be considered. Runoff diverted from the undisturbed drainage areas and
not passed through the sedimentation pond, in accordance with 4.05.3 and 4.05.4, need not be considered in
sedimentation pond design;
     (b) Provide for an adequate sediment storage volume and periodic sediment removal to effect compliance
with 4.05.2(7); and,
     ( c) Provide a nonclogging dewatering device or conduit spillway to remove water storage resulting from
inflow. The dewatering device shall not be located at a lower elevation than the maximum sediment storage volume.
Dewatering shall be achieved in accordance with applicable State law.

(4) All sedimentation pond and other treatment facility spillway systems shall comply with the requirements of
4.05.9(2).

(5) All supporting calculations, documents and drawings used to establish the requirements of 4.05.6 and 4.05.9,
shall be included in the permit application, and any revisions to the permit application.

(6) Any person who conducts surface or underground mining activities shall design, construct, and maintain
sedimentation ponds to prevent short-circuiting to the extent possible.

(7) Sedimentation ponds or other treatment facilities shall not be removed until the disturbed area is reclaimed and it
is demonstrated to the Division that the requirements of 4.05.2(2) are met. For sedimentation ponds or other
treatment facilities proposed to remain as permanent structures, it must be demonstrated to the Division that the
requirements of 4.05.9 are met.

4.05.7    Discharge Structures.                        {{ 30 CFR 816.47 & 817.47 }}
Discharge from sedimentation ponds, other treatment facilities, permanent and temporary impoundments, coal
processing waste dams and embankments, and diversions shall be controlled by energy dissipators, riprap channels
and other means or devices, where necessary, to reduce erosion, to prevent deepening or enlargement of stream
channels, and to minimize disturbance of the hydrologic balance. Discharge structures shall be designed according to
standard engineering design procedures (120(2)(d), 120(2)(j)(V) and 121(2)(i)(II)).

4.05.8    Acid-forming and Toxic-forming Spoil.             {{ 30 CFR 816.41 & 817.41 }}
Drainage from acid-forming and toxic-forming spoil or underground development waste into ground or surface water
shall be avoided by:

(1) Identifying, burying, and treating, where necessary, spoil and waste which may be detrimental to vegetation,
public health or safety or may adversely affect water quality if not treated or buried (120(2)(j)(I) and 1121(2)(i)(I)).

(2) Preventing water coming into contact with acid-forming and toxic-forming underground development waste or
spoil in accordance with 4.14.3 and other measures as required by the Division where such contact may adversely
impact aquifers or surface water; and

(3) Burying or otherwise treating all acid-forming or toxic-forming spoil or underground development waste within
30 days after it is first exposed on the mine site, or within a lesser period required by the Division. Temporary
storage of the spoil or waste may be approved by the Division upon finding that burial or treatment within 30 days is
not feasible and will not result in any material risk of water pollution or other environmental damage. Storage shall
be limited to the period until burial or treatment first becomes feasible. Acid-forming or toxic-forming spoil or
underground development waste to be stored shall be protected from erosion, shall minimize impacts to surface
water and, when deemed necessary by the Division, shall be placed on impermeable material (120(2)(n) and
121(2)(d)).

4.05.9    Impoundments.       {{ 30 CFR 77.216, 816.46, 816.49, 816.84, 817.46, 817.49 & 817.84 }}
(1) The design, construction and maintenance of all impoundments, including sedimentation ponds, or other
treatment facilities shall be in compliance with 4.05.9. Compliance with 4.05.9 shall not relieve the person from
compliance with all applicable Federal and State water quality standards.

(2) All impoundment spillway systems shall provide for either a combination of principal and emergency spillways,
or a single spillway configured as required by 4.05.9(2)(a), designed to safely pass the applicable design
precipitation event specified in 4.05.9(2)(c), plus inflow from any underground mine water or water pumped from
the pit. Appropriate barriers shall be provided to control piping along conduits that extend through the embankment,
unless otherwise approved by the Division. Emergency spillway grades and allowable velocities shall be approved by
the Division. Impoundment spillways shall meet the following requirements, as applicable.
     (a) Impoundments may be designed to provide for a single open-channel spillway, in lieu of a combination
of principal and emergency spillways, if the spillway:
          (i) Is of non-erodible construction and designed to carry sustained flows; or,
          (ii) Is earth-lined or grass-lined and designed to carry short-term infrequent flows at non- erosive
velocities where sustained flows are not expected.
     (b) If the impoundment is designed and constructed with a combination of a principal and emergency
spillways, there shall be no out-flow through the emergency spillway during the passage of runoff resulting from the
10-year 24-hour precipitation event, regardless of the volume of water and sediment directed to the impoundment
from any underground workings or surface pit.
     ( c) Except as specified in 4.05.9(2)(d), 4.05.9(2)(e)(i), and 4.05.9(2)(e)(ii) the applicable design 
precipitation event used to size impoundment spillway systems shall be:
          (i) The 100-year, 24-hour precipitation event, or a larger event specified by the division, for good
cause shown, for ponds which meet the size or other criteria of 4.05.9(4); or,
          (ii) the 25-year, 24-hour precipitation event, or a larger event specified by the Division, for good
cause shown, for ponds not meeting the size or other criteria of 4.05.9(4).
     (d) Impoundments meeting the Class B or Class C criteria for dams in the U.S. Department of Agriculture,
Soil Conservation Service Technical Release No. 60 (210-VI-TR60, October, 1985), "Earth Dams and Reservoirs"
(TR60), shall comply with the "Minimum Emergency Spillway Hydrologic Criteria" table in TR60, or greater event
as specified by the Division. TR60 is hereby incorporated by reference, and can be viewed and copies can be
obtained at the Division as set forth in Rule 1.01(9).
     (e) The Division may approve a temporary impoundment that relies primarily on storage to control the
runoff from the design event specified in 4.05.9(2)(c), when it is demonstrated by the operator and certified by a
qualified registered professional engineer, that the temporary impoundment will safely control the design
precipitation event, the water from which shall be safely removed in accordance with current, prudent, engineering
practices. Such an impoundment shall be located where failure would not be expected to cause loss of life or serious
property damage, except where:
          (i) In the case of a temporary impoundment that meets the size or other criteria of 4.05.9(4), or
meets the Class B or Class C criteria for dams in U.S. Department of Agriculture, Soil Conservation Service
Technical Release No. 60 (210-VI-TR60, October, 1985), "Earth Dams and Reservoirs" (TR60), it is designed to
control the probable maximum precipitation of a 24-hour event, or greater event specified by the Division, for good
cause shown. TR60 is hereby incorporated by reference, and can be viewed and copies can be obtained at the
Division as set forth in Rule 1.01(9); or, 
          (ii) In the case of a temporary impoundment that does not meet the size or other criteria of
4.05.9(4), it is designed to control the 100-year 24-hour event, or greater event specified by the Division, for good
cause shown.

(3) Impoundments with a capacity in excess of 100 acre-feet, or having a dam or embankment in excess of 10 feet in
vertical height, from the bottom of the channel to the bottom of the spillway, or having a surface area at high
waterline in excess of 20 acres shall also be designed and constructed in accordance with C.R.S. 37-87-105. C.R.S.
37-87-105 is hereby incorporated by reference, and can be viewed and copies can be obtained at the Division as set
forth in Rule 1.01(9).

(4) Where an impoundment meets the size or other criteria of 30 CFR 77.216(a) (has an embankment that is greater
than 20 feet in height, as measured from the upstream toe of the embankment to the crest of the emergency spillway;
or has an embankment that is greater than 5 feet and has a storage volume of 20 acre feet or more; or any
impounding structures determined by the District Manager of MSHA to present a hazard to coal miners), then the
permittee shall meet the criteria of 30 CFR 77.216(a). 30 CFR 77.216(a) is hereby incorporated by reference, and
can be viewed and copies can be obtained at the Division as set forth in Rule 1.01(a).

(5) Any person who impounds water for a beneficial use for or during surface coal mining and reclamation
operations shall meet all applicable State laws. 

(6) All impoundment embankments, foundations and abutments shall be stable during all phases of construction and
operation and shall be designed based on accurate information on the foundation conditions. For impoundments
meeting the size or other criteria of 30 CFR 77.216(a), or meeting the Class B or Class C criteria for dams in U.S.
Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60), October 1985,
"Earth Dams and Reservoirs" (TR-60), or having embankments in excess of 10 feet in vertical height measured from
the bottom of the channel to the bottom of the spillway at the centerline of the dam, or a surface area of 20 acres, a
foundation investigation, and any necessary laboratory testing of foundation material, shall be performed to
determine the design requirements for foundation stability. 30 CFR 77.216(a) and TR60 are hereby incorporated by
reference, and can be viewed and copies can be obtained at the Division as set forth in Rule 1.01(9).

(7) The following requirements shall apply for all impoundment embankments: 
     (a) All vegetative and organic materials shall be removed and foundations excavated and prepared to resist
failure. All foundation base areas shall be sloped no steeper than 1H:1V, and the entire foundation base shall be
scarified. Cutoff trenches shall be installed if necessary to ensure stability. 
     (b) Any fill material shall be free of sod, large roots, other large vegetation matter, and frozen soil, and in
no case shall coal-processing waste be used in embankment construction.
     ( c) The placing and spreading of any 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. Compaction
shall be conducted as specified in the design approved by the Division.
     (d) The minimum elevation of 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.
     (e) The combined upstream and downstream side slopes of the settled embankment shall not be steeper than
5h:1v, with neither slope steeper than 2h:1v. Slopes shall be designed to be stable in all cases, even if flatter side
slopes are required. The combined side slopes may be steeper than 5H:1V if the applicant demonstrates, through
appropriate analysis, that the embankment is stable.

(8) (a) Any impoundment meeting the size or other criteria of 30 CFR 77.216(a), or meeting the Class B or Class C
criteria for dams in U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 60          
(210-VI-TR60, October, 1985), "Earth Dams and Reservoirs" (TR60), or located where failure would be expected to
cause loss of life or serious property damage shall have a minimum safety factor of 1.5 for a normal pool with steady
state seepage saturation conditions, and a seismic safety factor of at least 1.2, or a higher safety factor as designated
by the Division to ensure stability. 30 CFR 77.216(a) and TR60 are hereby incorporated by reference, and can be
viewed and copies can be obtained at the Division as set forth in Rule 1.01(9).
     (b) Any impoundment not meeting the size or other criteria of 30 CFR 77.216(a), and located where failure
would not be expected to cause loss of life or serious property damage, shall have a minimum static safety factor of
1.3 for a normal pool with steady state seepage saturation conditions. 30 CFR 77.216(a) is hereby incorporated by
reference, and can be viewed and copies can be obtained at the Division as set forth in Rule 1.01(9).

(9) Faces of all embankments and the surrounding areas shall be vegetated or stabilized by other means to protect
against erosion. Where water will be impounded, the upstream face of the embankment shall be riprapped or
otherwise stabilized, in accordance with accepted design practices if necessary to protect against erosion from water
or wind action, or sudden drawdown. If the chosen stabilization method is vegetation, seeding will occur in
accordance with the approved seeding plan.

(10) All impoundments shall be designed, constructed, and maintained with adequate freeboard to prevent
overtopping by waves or by sudden increases in volume. Impoundments meeting the Class B or Class C criteria for
dams in U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60,
October, 1985), "Earth Dams and Reservoirs" (TR60), shall comply with the freeboard hydrograph criteria in the
"Minimum Emergency Spillway Hydrologic Criteria" in TR60. TR60 is hereby incorporated by reference, and can
be viewed and copies can be obtained at the Division as set forth in Rule 1.01(9).

(11) All dams and embankments shall be routinely maintained during the mining operations. Vegetation growth shall
be cut where necessary to facilitate inspection and repairs. Ditches and spillways shall be cleaned. Any combustible
material present on the surface, other than material such as mulch or dry vegetation used for surface stability, shall be
removed and all other appropriate maintenance procedures followed.

(12) The vertical portion of any remaining highwall shall be located far enough below the low-water line, along the
full extent of the highwall, to provide adequate safety and access for the proposed water users.

(13) Permanent Impoundments.
Permanent impoundments for beneficial use of stored water may only be authorized in accordance with applicable
State law and upon the basis of the following demonstration (120(2)(n)):
     (a) The quality of the impounded water shall be suitable on a permanent basis for its intended use, shall
meet applicable state and federal water quality standards and discharge of water from the impoundment shall meet
applicable State and Federal effluent limitations and shall not degrade the quality of receiving water below
applicable stream standards (120(2)(h)(III));
     (b) The level of water shall be sufficiently stable, and the configuration of the pond shall be adequate, to
support the intended use (120(2)(h)(IV));
     ( c) Adequate safety and access to impounded water shall be provided for proposed water users
(120(2)(h)(V));
     (d) Water impoundments shall not result in the diminution of the quality or quantity of water available to
water right holders for agricultural, industrial, recreational, or domestic uses except in accordance with
applicable state law (120(2)(h)(VI));
     (e) The size of the impoundment shall be adequate for its intended purposes (120(2)(h)(I));
     (f) The impoundment shall be suitable for the approved post-mining land use.

(14) All impoundments shall be inspected by a qualified registered professional engineer or other qualified
professional specialist under the direction of a professional engineer. The professional engineer or specialist shall be
experienced in the construction of impoundments.
     (a) Such inspections shall be made regularly during construction, upon completion of construction, and at
least yearly until removal of the structure or release of the performance bond.
     (b) The qualified registered professional engineer shall, promptly after each inspection required by
4.05.9(14), provide to the Division, a certified report that the impoundment has been constructed and/or maintained 
as designed, and in accordance with the approved plan and the applicable regulations.
     ( c) A copy of each certified report shall also be retained at or near the mine site.

(15) Certified inspection reports required by 4.05.9(14) for all impoundments shall include discussion of: 
     (a) Any appearance of erosion, instability, structural weakness or other hazardous conditions;
     (b) Existing and required monitoring procedures and instrumentation; 
     ( c) The depth and elevation of any impounded waters at the time of the certified report;
     (d) Existing storage capacity of the impoundment; and
     (e) Any other aspects of the structure affecting stability, or requiring maintenance.

(16) Plans for an enlargement, reduction in size, reconstruction, or other modification of dams or impoundments
shall be submitted to the Division and shall comply with the requirements of 4.05.9. Except where a modification is
required to eliminate an emergency condition constituting a hazard to public health, safety or environment, the
Division shall approve the plans before modification begins. 

(17) All impoundments shall be examined at least quarterly, by a qualified person designated by the operator, for
appearance of structural weakness and other hazardous conditions. The reports shall be retained at or near the mine
site, and a copy of the report shall be submitted to the Division on a quarterly basis, or other approved submittal
frequency. 

(18) The Division may waive the requirements of 4.05.9(17) for certain impoundments if the permittee adequately
demonstrates, in writing, that failure of the impoundment(s) will not create a threat to public health and safety or
threaten significant environmental harm. The following provisions apply to the review and approval of any waiver
from the requirements of Rule 4.05.9(17). 
     (a) The waiver must be approved by the Division, and may only be applied to impoundments which are not
the primary sediment control structure for a particular area; are constructed in reclaimed areas of the mine to enhance
the approved postmining land use; which are completely incised, or which have a storage capacity no greater than
two-acre feet and an embankment no greater than five feet in height, as measured vertically from the upstream toe of
the embankment to the bottom of the spillway.
     (b) The written safety demonstration must be submitted by a professional engineer, as part of the permit
application.
     ( c) If a waiver is approved, then the waiver shall include a provision that the yearly inspection referenced in
4.05.9(14), may be conducted by a qualified person other than, and not under the direction of, a professional
engineer. 
     (d) Prior to approving a waiver, the Division must conduct a field inspection to verify the adequacy of the
safety demonstration.
     (e) The Division shall also periodically inspect the impoundment(s) for which any waiver is approved, and
areas downstream from the impoundment(s), to verify that the safety demonstration remains adequate. The Division
may terminate an approved waiver, for good cause, if the condition of the impoundment(s), or conditions
downstream from the impoundment(s), is such that failure of the impoundment(s) will create a threat to public health
and safety or threaten significant environmental harm. 

(19) If any examination or inspection indicates that a potential hazard exists, the person who examined or inspected
the impoundment shall promptly inform the Division of the finding and of the emergency procedures formulated for
public protection and remedial action. If adequate procedures cannot be formulated or implemented, the Division
shall be notified immediately. The Division shall then notify the appropriate agencies that other emergency
procedures are required to protect the public. 

(20) For an impoundment with a capacity in excess of 100 acre-feet, or with a dam or embankment in excess of 10
feet in vertical height, from the bottom of the channel to the bottom of the spillway, or with a surface area at high
waterline in excess of 20 acres, examination shall also be in accordance with the applicable requirements of the State
Engineer. The operator shall promptly submit to the Division, proof of compliance with this requirement. 

(21) For an impoundment meeting the size or the other criteria of 4.05.9(4), or  meeting the Class B or Class C
criteria for dams in U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 6 0                
(210- ITR60, October, 1985), "Earth Dams and Reservoirs" (TR60), the examination shall also be in accordance
with 30 CFR 77.216-3. The examination report shall be maintained at or near the mine site. TR60 and 30 CFR
77.216-3 are hereby incorporated by reference, and can be viewed and copies can be obtained at the Division as set
forth in Rule 1.01(9).

4.05.10   Underground Mine Entry and Access Discharges.          {{ 30 CFR 817.41 & 817.47 }}
     (1) Surface entries and accesses to underground workings, including adits and
slopes, shall be located, designed, constructed, and utilized to prevent or control
gravity discharge of water from the mine (121(2)(l)).

(2) Gravity discharge of water from an underground mine, other than drift mine subject to 4.05.10, may be allowed
by the Division, if it is demonstrated that:
     (a) (i) The discharge, without treatment, satisfies the water effluent limitations of 4.05.2 and all applicable
State and Federal water quality standards; and 
          (ii) That discharge will result in changes in the prevailing hydrologic balance that are minimal and
approved postmining land uses will not be adversely affected; or
     (b) (i) The discharge is conveyed to a treatment facility in the permit area in accordance with 4.05.2(1);
          (ii) All water from the underground mine discharged from the treatment facility meets the effluent
limitations of 4.05.2 and all other applicable State and Federal statutes and regulations; and 
          (iii) Consistent maintenance of the treatment facility will occur throughout the anticipated period
of gravity discharge.

(3) Notwithstanding anything to the contrary in 4.05.10(1) and (2), for a drift mine first used after the
implementation of local, State, or Federal lands program and located in acid-producing or iron-producing coal
seams, surface entries and accesses shall be located in such a manner as to prevent any gravity discharge from the
mine. 

4.05.11   Ground Water Protection.                {{ 30 CFR 816.41 & 817.41 }}
(1) Backfilled materials shall be placed so as to minimize contamination of ground water systems with acid, toxic, or
otherwise harmful mine drainage, to minimize adverse effects of mining on ground water systems outside the permit
area, and to support approved postmining land uses (120(2)( c) and 120(2)(j)).

(2) Pits, cuts, and other mine excavation or disturbances shall be located, designed, constructed, and utilized to
control the effect of mine drainage, in such a manner as to prevent or control discharge of acid, toxic, or otherwise
harmful mine drainage waters into ground water systems and to prevent adverse impacts on such ground water
systems or on approved postmining land uses.

4.05.12   Protection of Ground Water Recharge Capacity.          {{ 30 CFR 816.41 }}
Surface coal mining operations shall be conducted in a manner that facilitates reclamation which will restore
approximate premining recharge capacity, through restoration of the capability of the reclaimed areas as a whole,
excluding coal processing waste and underground development waste disposal areas and fills, to transmit water to the
ground water system. The recharge capacity shall be restored to a condition which (120(2)(j)(IV)):

(1) Supports the approved postmining land use;

(2) Minimizes disturbances to the prevailing hydrologic balance in the permit area and in adjacent areas; and

(3) Provides a rate of recharge that approximates the premining recharge rate.

4.05.13   Surface and Ground Water Monitoring.    {{ 30 CFR 780.21, 815.15, 827.12, 816.41 & 817.41 }}
(1) Ground Water (122(2) and 122(3)).
     (a) 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 Division, including, but not limited to, specific points
of compliance, after consultation with the Division of Water Resources to determine:
          (i) The effects of surface or underground mining activities on the quantity and quality of water in
ground water systems in the permit area and adjacent areas;
          (ii) The effect of surface mining activities on the recharge capacity of reclaimed lands; and
          (iii) Compliance with applicable ground water standards at established points of compliance.
     (b) One or more points of compliance shall be established for any coal operation which, in the judgment of
the Division, has the potential to negatively impact the quality of groundwater for which quality standards have been
established by the Water Quality Control Commission. These points of compliance shall be monitoring locations in
addition to any other monitoring points required by the Division.
          (i) The criteria for establishing points of compliance for a specific coal operation are:
               (A) Points of compliance shall be established for all potentially impacted groundwater for
which quality standards have been established by the Water Quality Control Commission.
               (B) The points of compliance shall be located down hydraulic gradient from the affected
area, and shall be located within the area permitted for the operation, or other appropriate location as agreed by the
Division and the permittee.
               ( C) The points of compliance shall be located where acceptable modeling or analyses
indicate that water quality monitoring of the aquifer is feasible and such monitoring may be reasonably expected to
detect evidence of any subsequent violation of applicable ground water standards by the operation.
          (ii) Considerations in establishing points of compliance shall also include, but not necessarily be
limited to, protection of human health and the environment, potential for vertical migration of contamination, the
number, quantity and nature of the contaminants present, technological feasibility, economic reasonableness, up
gradient levels of contamination, geohydrological data and features, and other environmental data or relevant
information as determined by the Division.
          (iii) When feasible, additional monitoring points shall be located between the affected area and the
point of compliance to allow for timely detection and remediation of contaminant levels which may result in
exceedances at the point of compliance. Monitoring points established under 4.05.13(1)(c) may be utilized for this
purpose, when appropriate.
     ( c) When surface or underground mining activities may effect ground water systems on or off the permit
area, ground water levels and ground water quality shall be periodically monitored. Monitoring shall include
measurements from a sufficient number of wells or other ground water sources as approved by the Division and
mineralogical and chemical analyses of aquifer, overburden, and spoil that are adequate to reflect changes in ground
water quantity and quality resulting from those activities. Monitoring shall be adequate to plan for modification of
surface or underground mining activities, if necessary to minimize disturbance of the prevailing hydrologic balance.
          (i) The person who conducts surface or underground coal mining activities shall promptly notify
the Division of analytical results of a ground water sample analysis which indicates an exceedance of a permit
condition or applicable standard has occurred. These analytical results shall be forwarded to the Division
concurrently with a written notification.
          (ii) When exceedances from applicable ground water standards occur, the person who conducts
surface or underground coal mining activities must take appropriate mitigative measures as required in section
2.05.6(3)(b)(i) and (ii).
          (iii) The person who conducts surface or underground coal mining activities shall immediately
notify any person whose health and safety is in imminent danger as a result of the exceedance.
     (d) As specified and approved by the Division, the person who conducts surface or underground mining
activities shall conduct additional hydrologic tests, including drilling, infiltration tests and aquifer tests and shall
submit the results to the Division to demonstrate compliance with 4.05.11-4.05.13.
     (e) All piezometers, observation wells, monitoring wells and other observation points used to fulfill the
requirements of 2.04, 2.05 and 4.05, shall be drilled, cased and completed in a manner designed to achieve the
isolation of the aquifer of interest, the integrity of the well or piezometer, and the accuracy of all monitoring data
collected. 
          (i) All equipment, including wells, piezometers, structures, instruments and other devices used to
measure, observe and sample the quality and elevation of ground water in accordance with the approved monitoring
plan, shall be properly maintained and operated so that the data collected accurately represents the aquifer or stratum
being observed.
          (ii) All ground water monitoring equipment, structures and devices shall be removed in accordance
with 4.07, when no longer required.

(2) Surface Water
     (a) Surface water monitoring shall be conducted in accordance with the monitoring program submitted
under 2.05.6(3)(b)(iv) and approved by the Division. The Division in consultation with the Division of Water
Resources, shall determine the nature of data, frequency of collection, and reporting requirements. Monitoring shall
(122(2)):
          (i) Be adequate to measure accurately and record water quantity and quality of the discharges from
the permit area; 
          (ii) Result in the person who conducts the surface or underground mining activities notifying the
Division within 5 days after analytical results of the sample collections indicate that noncompliance with a permit
condition or applicable standard has occurred. Where a National Pollutant Discharge Elimination System (NPDES)
permit effluent limitation noncompliance has occurred, the person who conducts surface or underground mining 
activities shall forward the analytic results concurrently with the written notice of noncompliance; and
          (iii) Result in reports to the Division, to include analytical results from each sample taken during
the quarter. Any sample results which indicate a permit violation will be reported immediately to the Division. In
those cases where the discharge for which water monitoring reports are required is also subject to regulation by a
NPDES permit issued under the Clean Water Act of 1977(30 U.S.C. Sec. 1251-1378) and where such permit
includes provisions for equivalent reporting requirements and requires filing of the water monitoring reports within
90 days or less of sample collection, the following alternative procedure shall be used. The person who conducts the
surface or underground mining activities shall submit to the Division on the same time schedule as required by the
NPDES permit or within 90 days following sample collection, whichever is earlier, either: 
               (A) A copy of the completed reporting form filed to meet NPDES permit requirements; or
               (B) A letter identifying the State or Federal government official with whom the reporting
form was filed to meet NPDES permit requirements and the date of filing.

(3) Monitoring Liability Period
     (a) Equipment, structures, and other devices necessary to measure and sample accurately the quality and
quantity of surface and ground water shall be properly installed, maintained, and operated and shall be removed
when no longer required.
     (b) After disturbed areas have been regraded and stabilized according to this rule, and after cessation of use
of underground mine workings, the person who conducts surface or underground mining activities shall continue to
monitor surface water and ground water quality and quantity in accordance with the approved plan. Data from this
monitoring may be used to demonstrate that these qualities and quantities of runoff without treatment are consistent 
with the requirements of 4.05; that the operation has minimized disturbance to the hydrologic balance in the permit
and adjacent areas; that the operation has prevented material damage to the hydrologic balance outside the permit
area; and that the water rights of other users have been protected or replaced. Based on this demonstration, the
operator may request reduction or deletion of the monitoring program or control system. 

(4) Monitoring Report Requirements
     (a) The data collected, including analytical results, shall be tabulated on a site by site basis and kept on file 
at the mine office for inspection by the Division. These data shall be submitted to the Division as required in
4.05.13(4)( c).
     (b) Ground water and surface water data collection shall be based upon a water year (October 1 through
September 30), unless otherwise approved by the Division. 
     ( c) A hydrologic report shall be submitted to the Division annually with the date of submittal determined in
consultation with the permittee. The annual hydrologic report shall contain at a minimum:
          (i) Water quantity data obtained from each monitoring site during the water year;
          (ii) Water quality data obtained from each monitoring site during the water year; and
          (iii) If required by the Division, a written interpretation of the data and identification of mining
related impacts to the hydrologic balance.

4.05.14   Transfer of Wells.                      {{ 30 CFR 816.41 & 817.41 }}
An exploratory or monitoring well may only be transferred by the person who conducts surface or underground
mining activities for further use as a water well in accordance with the following requirements:

(1) A well permit must be obtained from the State Engineer in accordance with C.R.S. 37-90-138, 37-90-137 or 37-
92-602 prior to any beneficial use of water from the transferred well.

(2) Subsequently, the operator and the surface owner of the lands where the well is to be located shall jointly submit
a written request for approval of transfer to the Division.

(3) Upon an approved transfer of a well by the State Engineer and the Division in accordance with 4.05.14(1) and (2)
above, the transferee shall: 
     (a) Assume primary liability for damages to persons or property from the well in compliance with 4.05.15;
     (b) Plug the well when necessary, but in no case later than abandonment of the well; and
     ( c) Assume primary responsibility for compliance with 4.07.1, 4.07.2 and 4.07.3 with respect to the well.

(4) Upon an approved transfer of a well, the transferor shall be secondarily liable for the transferee's obligations
under 4.05.14(2) above until release of the bond.

4.05.15   `Water Rights and Replacement.                    {{ 30 CFR 816.41, 817.41 & 817.121 }}
Any person who conducts surface or underground mining activities shall replace the water supply of any owner of a
vested water right which is proximately injured as a result of the mining activities in a manner consistent with
applicable State law (111(1)(m)).

4.05.16   Discharge of Water into an Underground Mine.      {{ 30 CFR 816.41 & 817.41 }}
Water from the surface or from an underground mine shall not be diverted or otherwise discharged into underground
mine workings, unless the person who conducts the surface or underground mining activities demonstrates to the
Division that such diversion or discharges will:

(1) Abate water pollution or otherwise eliminate public hazards resulting from surface
or underground mining activities (120(2)(1)); and

(2) Be discharged as a controlled and identifiable flow, meeting the effluent limitations of 4.05.2 for pH and total
suspended solids, except that the pH and total suspended solid limitations may be exceeded, if approved by the
Division, when such flow consists of:
     (a) Coal processing waste; 
     (b) Fly ash from a coal-fired facility;
     ( c) Sludge from an acid mine drainage treatment facility;
     (d) Flue gas desulfurization sludge;
     (e) Inert materials used for stabilizing underground mines; or
     (f) Underground mine development wastes.
     (3) In the case of underground mining activities, continue as a controlled and identifiable flow and is
ultimately treated by an existing treatment facility;

(4) In any event, the discharge from an underground mine to surface waters will not cause, result in or contribute to a
violation of applicable water quality standards or effluent limitations;

(5) Minimize disturbance to the hydrologic balance, prevent material damage outside the permit area, and does not
injure vested water rights; and 

(6) Meets with the approval of the Mine Safety and Health Administration. 

4.05.17   Postmining and Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and Treatment
          Facilities.                             {{ 30 CFR 816.56 & 817.56 }}
Before abandoning the permit area, the person who conducts the surface or underground mining activities shall
renovate all permanent sedimentation ponds, diversions, impoundments, and treatment facilities to meet criteria
specified in the detailed design plan for the permanent structures and impoundments (120(2)(j)(III)).

4.05.18   Stream Buffer Zones.                         {{ 30 CFR 816.57 & 817.57 }}
(1) No land within 100 feet, or greater distance if required by the Division, of a perennial stream, an intermittent
stream, or an ephemeral stream with a drainage area greater than one square mile, shall be disturbed by surface and
underground coal mining operations unless the Division specifically authorizes surface or underground mining
operations closer to, or through such a stream upon finding (120(2)(j) and 120(2)(x)):
     (a) That surface coal mining operations will not cause or contribute to the violation of applicable water
quality standards;
     (b) That during and after mining, the water quantity and quality, and other environmental resources of the
stream shall not be adversely affected; and
     ( c) If there will be a temporary or permanent stream-channel diversion, the diversion will comply with
4.05.3 and 4.05.4.

(2) The area not to be disturbed shall be designated a stream buffer zone and
marked as specified in 4.02.

4.06      TOPSOIL
4.06.1    General Requirements.                        {{ 30 CFR 816.22 & 817.22 }}
(1) Before disturbance of areas affected by surface coal mining operations, topsoil and subsoils to be saved under
4.06.2 shall be separately removed and segregated from other material (120(2)(e) and 121(2)(j)). 

(2) After removal, topsoil shall be immediately redistributed in accordance with 4.06.4, or stockpiled pending
redistribution in accordance with 4.06.3. If the permittee can demonstrate that an alternative procedure will provide
more protection for the topsoil, the Division may approve an alternative. 

4.06.2    Removal.                           {{ 30 CFR 816.22 & 817.22 }}
(1) Timing. Topsoil shall be removed from areas to be affected by surface coal mining operations after vegetation
cover that would interfere with the use of the topsoil is cleared but before any drilling, blasting, mining, or any other
surface disturbance. Vegetation cover shall be cleared only from areas to be affected, to the extent necessary to
minimize the removal of topsoil along with large vegetation material. Vegetation cover may not be required to be
cleared upon demonstration to and approval by the Division that such vegetation cover is necessary or desirable to
ensure soil productivity consistent with the postmining land use.

(2) (a) Materials to be removed. Topsoil, as determined in 4.06.2.(2)(b), shall be removed in a separate layer from
the areas to be disturbed, unless the use of substitute or supplemental materials is approved by the Division in
accordance with 4.06.2(4). A variance from topsoil removal may be granted by the Division for good cause shown.
Areas which may qualify for a variance are:
          (i) Areas where light traffic does not destroy existing vegetation or cause erosion; or
          (ii) areas where removal would result in needless damage to soil characteristics; or
          (iii) areas of construction of small structures such as power poles, signs or fence lines.
     (b) For the purposes of these regulations, topsoil is defined as soil horizons on the surface prior to mining
that will support plant life. The depth of topsoil to be salvaged shall be determined from the site specific soils
information required in 2.04.9 as approved by the Division.


(3) Subsoil Segregation. The B horizon and portions of the C horizon, or other underlying layers demonstrated to
have qualities for comparable root development shall be segregated and replaced as subsoil, only if the Division
determines that such material is necessary to ensure soil productivity consistent with the approved postmining land
use. 

(4) (a) Selected overburden materials may be substituted for, or used as a supplement to topsoil, if the Division 
determines that the resulting soil medium is equal to or more suitable for sustaining the vegetation than is the
available topsoil and the resulting soil medium is the best available in the permit area to support revegetation. This
determination shall be based on: 
          (i) The results of chemical and physical analyses of overburden and topsoil. These analyses shall
include thickness of soil horizons, total depth, texture, percent coarse fragments, areal extent of the different soils
and materials, determinations of pH, net acidity or alkalinity, phosphorus, potassium, texture class, electrical
conductivity, sodium absorption ratio, and other analyses as required by the Division. The Division may also require
that results of field-site trials or greenhouse tests be used to demonstrate the feasibility of using these overburden
materials.
          (ii) The trials and tests shall be conducted using standard procedures approved by the Division.
     (b) Substitute or supplement material shall be removed, segregated, and replaced in compliance with the
requirements of 4.06.

(5) To the extent practicable, the surface soil layer shall be removed at a time when the physical and chemical
properties of topsoil can be protected and erosion can be minimized; and

(6) Such measures shall be taken as the Division may approve or require to control erosion of topsoil.

4.06.3    Storage.                           {{ 30 CFR 816.22 & 817.22 }}
(1) Topsoil and other materials approved for use under 4.06.2 shall be stockpiled only if it is impractical to promptly
redistribute such material on regraded areas (120(2)(e)).

(2) Stockpiled materials shall be selectively placed on a stable surface area within the permit area, where they will
not be disturbed by mining operations and will be protected from wind and water erosion, unnecessary compaction,
and contamination which would lessen the capability of the material to support vegetation when redistributed in
accordance with 4.06.4. 
     (a) Protection measures shall be accomplished by:
          (i) An effective cover of non-noxious, quick-growing annual and perennial plants, seeded or
planted during the first appropriate growing season after removal for favorable planting conditions; or 
          (ii) Other methods demonstrated to and approved by the Division to provide equal protection.
     (b) Stockpiled topsoil and other materials shall not be moved until required for redistribution on a regraded
area unless approved by the Division.

4.06.4 Redistribution.                            {{ 30 CFR 816.22 & 817.22 }}
(1) Where necessary to eliminate slippage surfaces, relieve compaction and to provide for root penetration, regraded
land shall be loosened by mechanical means to a sufficient depth or otherwise treated as approved by the Division.

(2) Topsoil and other materials shall be redistributed in a manner that:
     (a) Achieves an approximate uniform, stable thickness consistent with approved postmining land uses,
contours, surface water drainage systems and requirements of the vegetation proposed to be established;
     (b) Prevents excess compaction and contamination of topsoil and spoil or subsoil;
     ( c) Minimizes deterioration of the biological, chemical, and physical properties of the topsoil; and
     (d) Protects the topsoil from wind and water erosion during redistribution and before and after it is seeded
and planted.

4.06.5    Reconditioning.                              {{ 30 CFR 816.22 & 817.22 }}
Nutrients or other soil amendments shall be applied to the redistributed topsoil if shown to be required by soil tests
based upon known plant nutrient requirements and such application supports the approved postmining land use and
meets the revegetation requirements of 4.15. Rates of application shall be determined by soil tests of the topsoil prior
to seeding. All soil tests shall be performed by a qualified laboratory using standard soil test procedures approved by
the Division (120(2)(f)).

4.07      SEALING OF DRILLED HOLES AND UNDERGROUND OPENINGS
4.07.1    General Requirements.                        {{ 30 CFR 816.13 & 817.13 }}
(1) Each exploration hole, other drill or borehole, well, or other exposed underground opening except those used
solely for surface blasting shall be plugged, sealed, or otherwise managed, as approved by the Division to
(120(2)(j)(I)( C), 121(2)(b) and 121(2)(i)(I)( C)):
     (a) Prevent acid or other toxic drainage from entering ground or surface waters;
     (b) Minimize disturbance to the prevailing hydrologic balance; and
     ( c) Ensure the safety of people, livestock, fish and wildlife, and machinery inthe permit and adjacent areas.

(2) Each exploration hole, other drill hole or borehole, well or other underground opening that is uncovered or
exposed during the mining operations within the permit area shall be managed in accordance with 4.07.3 as 
applicable, unless approved for water monitoring in accordance with 4.05.13, or otherwise managed in a manner
approved by the Division (121(2)( c)).

(3) Development holes drilled within the pe