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 - 63
February 26, 1986

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

TOPIC: POSTMINING LAND USES

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

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

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

ATTACHMENTS

1. 30 CFR Sec. 816.133 (1985).
2. 11 Alaska Admin. Code, Title 90, Sec. 87 (1983).
3. Arkansas Surface Coal Mining and Reclamation Code, Secs. 780.23, 816.133 (1980).
4. Illinois Surface Coal Mining Land Conservation and Reclamation Regs., Sec. 1816.133 (1980).
5. 310 Indiana Admin. Code Sec. 12-5-68 (1982).
6. Iowa Admin. Code Sec. 4.323(9) (1981).
7. 405 Kentucky Admin. Regs. Sec. 16:210E (1981).
8. Mississippi Surface Coal Mining Reclamation Regs., Sec. 216.133 (1980)
9. 10 Missouri Admin. Code Sec. 40-3.130 (1980).
10. North Dakota Reclamation Regs., Sec. 69-05.22-09-13 (1983).
11. Ohio Admin. Code Sec. 1501:13-9-17 (1982).
12. Pennsylvania Admin. Bull., Sec. 87.159 (1982).
13. Virginia Coal Surface Mining Reclamation Regs., Sec. V816.133 (1982).
14. West Virginia Surface Mining Reclamation Regs., Sec. 4D (1984).

Research conducted by: S. Michele Manning

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