Library of COALEX Research Reports

COALEX Research Reports are the products of research and analysis conducted on specific issues relating to the regulation of Surface Mining Control and Reclamation Act of 1977. The research is conducted in response to requests for information from State Regulatory Authorities, under a cooperative agreement between the Office of Surface Mining (OSM) and the Interstate Mining Compact Commission (IMCC).

COALEX refers to the Library of Surface Mining Materials maintained by OSM in LEXIS-NEXIS and is a major source for the research.

Each Report includes a list of resources which were sent as attachments to the individual who requested the research. To obtain a copy of the attachments or to obtain any additional information, contact Joyce Zweben Scall by phone at 202-686-9138 or by email at JZScall@aol.com.

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COALEX STATE INQUIRY REPORT - 15
August 27, 1984

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

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

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

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

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

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

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

ATTACHMENTS

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

Research conducted by: Betty S. Chambers

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