Parts 810.1 - 828.12
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Subchapter K Parts 810.1 - 828.12 |
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THIS SUBCHAPTER IS CURRENT THROUGH THE MARCH 16, 2001 ISSUE OF THE FEDERAL REGISTER
TITLE 30 -- MINERAL RESOURCES
CHAPTER VII -- OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT,
DEPARTMENT OF THE INTERIOR
SUBCHAPTER K -- PERMANENT PROGRAM PERFORMANCE STANDARDS
PART 810 -- PERMANENT PROGRAM PERFORMANCE STANDARDS -- GENERAL PROVISIONS
Sec.
810.1 Scope
810.2 Objective
810.3 Authority
810.4 Responsibility
810.11 Applicability
AUTHORITY: Secs. 102, 201, 501(b), 503, 504, 505, 512, 515, 516 and 517, Pub. L. 95-87, 91 Stat. 448, 449, 468,
470, 471, 473, 483, 486, 495, and 498 (30 U.S.C. 1202, 1211, 1251, 1253, 1254, 1255, 1262, 1265, 1266, and 1267)
SOURCE: 44 FR 15393, Mar. 13, 1979, unless otherwise noted.
[For the list of Final Rules affecting these sections, as published in the Federal Register, see
"Regulation History - Changes to the Regulations Parts 700-890, 3/13/79 - 6/30/00".]
30 CFR Sec. 810.1 Scope.
This subchapter sets forth the minimum performance standards and design requirements to be adopted and
implemented under a regulatory program for coal exploration and surface coal mining and reclamation operations.
30 CFR Sec. 810.2 Objective.
The objective of this subchapter is to ensure that coal exploration and surface coal mining and reclamation
operations are conducted in manners which are compatible with the environmental, social, and esthetic needs of the
Nation. Accordingly, the performance standards and design requirements in this subchapter will provide for--
(a) Protection of the health, safety, and general welfare of mine workers and the public;
(b) Maximum use and conservation of the solid fuel resource being recovered so that reaffecting the land through
future surface coal mining operations can be minimized;
( c) Prompt reclamation of all affected areas to conditions that are capable of supporting the premining land uses
or higher or better land uses;
(d) Reclamation of land affected by surface coal mining operations as contemporaneously as practicable with
mining operations;
(e) 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;
(f) Revegetation which achieves a prompt vegetative cover and recovery of productivity levels compatible with
approved land uses;
(g) Minimum disturbance to the prevailing hydrologic balance at the mine-site and in associated off-site areas, and
to the quality and quantity of water in surface and ground water systems;
(h) Protection of fragile and historic lands where surface coal mining operations could result in significant damage
to important historic, cultural, scientific, or esthetic values and natural systems;
(i) 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; and
(j) Striking a balance between protection of the environment and agricultural productivity and the Nation's need
for coal as an essential source of energy.
(k) Protection of endangered and threatened species and their critical habitats as determined by the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
30 CFR Sec. 810.3 Authority.
The Secretary shall approve and promulgate minimum coal exploration and surface mining and reclamation
operations performance standards and design requirements applicable under regulatory programs which are at least
as stringent as subchapter K in accordance with subchapter C of this chapter.
30 CFR Sec. 810.4 Responsibility.
(a) The Director shall ensure that performance standards and design requirements at least as stringent as the
standards of this subchapter are implemented and enforced under every regulatory program.
(b) The State regulatory authority shall ensure that performance standards and design requirements at least as
stringent as the standards in this subchapter are implemented and enforced under every State program.
( c) Each person conducting coal exploration or surface coal mining and reclamation operations is responsible for
complying with performance standards and design requirements which are at least as stringent as the standards in
this subchapter and the applicable regulatory program.
30 CFR Sec. 810.11 Applicability.
Part 815 applies to all coal exploration conducted under regulatory programs. Part 816 applies to all surface
mining activities conducted under regulatory programs. Part 817 applies to all underground mining activities
conducted under regulatory programs. Parts 818 through 828 apply to certain special categories of surface coal
mining and reclamation operations. Parts 816 and 817 apply to each of those special categories of operations, except
to the extent that a provision of parts 818 through 828 specifically exempts a particular category from a particular
requirement of part 816 or part 817.
SUBCHAPTER K -- PERMANENT PROGRAM PERFORMANCE STANDARDS
PART 815 -- PERMANENT PROGRAM PERFORMANCE STANDARDS -- COAL EXPLORATION
Sec.
815.1 Scope and purpose
815.2 Permitting information
815.13 Required documents
815.15 Performance standards for coal exploration
AUTHORITY: 30 U.S.C. 1201 et seq., as amended; and Pub. L. 100-34
SOURCE: 48 FR 40636, Sept. 8, 1983, unless otherwise noted.
[For the list of Final Rules affecting these sections, as published in the Federal Register, see
"Regulation History - Changes to the Regulations Parts 700-890, 3/13/79 - 6/30/00".]
30 CFR Sec. 815.1 Scope and purpose.
This part sets forth performance standards required for coal exploration which substantially disturbs the natural
land surface. At the discretion of the regulatory authority, coal exploration operations may be further required to
comply with the applicable standards of 30 CFR parts 816 through 828.
30 CFR Sec. 815.2 Permitting information.
Notwithstanding cross-references in other parts which may be otherwise construed, part 772 establishes the notice
and permit information requirements for coal exploration.
[53 FR 52950, Dec. 29, 1988]
30 CFR Sec. 815.13 Required documents.
Each person who conducts coal exploration which substantially disturbs the natural land surface shall, while in the
exploration area, have available a copy of the filed notice of intention to explore or a copy of the exploration permit
for review by the authorized representative of the regulatory authority upon request.
30 CFR Sec. 815.15 Performance standards for coal exploration.
(a) Habitats of unique or unusually high value for fish, wildlife, and other related environmental values and
critical habitats of threatened or endangered species identified pursuant to the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) shall not be disturbed during coal exploration.
(b) All roads or other transportation facilities used for coal exploration shall comply with the applicable provisions
of Secs. 816.150 (b) through (f), 816.180, and 816.181 of this chapter.
( c) If excavations, artificially flat areas, or embankments are created during exploration, these areas shall be
returned to the approximate original contour promptly after such features are no longer needed for coal exploration.
(d) Topsoil shall be separately removed, stored, and redistributed on areas disturbed by coal exploration activities
as necessary to assure successful revegetation or as required by the regulatory authority.
(e) All areas disturbed by coal exploration activities shall be revegetated in a manner that encourages prompt
revegetation and recovery of a diverse, effective, and permanent vegetative cover. Revegetation shall be
accomplished in accordance with the following:
(1) All areas disturbed by coal exploration activities shall be seeded or planted to the same seasonal variety native
to the areas disturbed. If the land use of the exploration area is intensive agriculture, planting of the crops normally
grown will meet the requirements of this paragraph.
(2) The vegetative cover shall be capable of stabilizing the soil surface from erosion.
(f) Diversions of overland flows and ephemeral, perennial, or intermittent streams shall be made in accordance
with Sec. 816.43 of this chapter.
(g) Each exploration hole, borehole, well, or other exposed underground opening created during exploration shall
be reclaimed in accordance with Secs. 816.13 through 816.15 of this chapter.
(h) All facilities and equipment shall be promptly removed from the exploration area when they are no longer
needed for exploration, except for those facilities and equipment that the regulatory authority determines may
remain to--
(1) Provide additional environmental data,
(2) Reduce or control the onsite and offsite effects of the exploration activities, or
(3) Facilitate future surface mining and reclamation operations by the person conducting the exploration.
(i) Coal exploration shall be conducted in a manner which minimizes disturbance of the prevailing hydrologic
balance in accordance with Secs. 816.41 through 816.49 of this chapter. The regulatory authority may specify
additional measures which shall be adopted by the person engaged in coal exploration.
(j) Acid- or toxic-forming materials shall be handled and disposed of in accordance with Secs. 816.41(b),
816.41(f), and 816.102(e) of this chapter. The regulatory authority may specify additional measures which shall be
adopted by the person engaged in coal exploration.
[48 FR 40636, Sept. 8, 1983, as amended at 53 FR 45211, Nov. 8, 1988]
SUBCHAPTER K -- PERMANENT PROGRAM PERFORMANCE STANDARDS
PART 816 -- PERMANENT PROGRAM PERFORMANCE STANDARDS -- SURFACE MINING
ACTIVITIES
Sec.
816.1 Scope
816.2 Objectives
816.10 Information collection
816.11 Signs and markers
816.13 Casing and sealing of drilled holes: General requirements
816.14 Casing and sealing of drilled holes: Temporary
816.15 Casing and sealing of drilled holes: Permanent
816.22 Topsoil and subsoil
816.41 Hydrologic-balance protection
816.42 Hydrologic balance: Water quality standards and effluent limitations
816.43 Diversions
816.45 Hydrologic balance: Sediment control measures
816.46 Hydrologic balance: Siltation structures
816.47 Hydrologic balance: Discharge structures
816.49 Impoundments
816.56 Postmining rehabilitation of sedimentation ponds, diversions, impoundments, and treatment facilities
816.57 Hydrologic balance: Stream buffer zones
816.59 Coal recovery
816.61 Use of explosives: General requirements
816.62 Use of explosives: Preblasting survey
816.64 Use of explosives: Blasting schedule
816.66 Use of explosives: Blasting signs, warnings, and access control
816.67 Use of explosives: Control of adverse effects
816.68 Use of explosives: Records of blasting operations
816.71 Disposal of excess spoil: General requirements
816.72 Disposal of excess spoil: Valley fills/head-of-hollow fills
816.73 Disposal of excess spoil: Durable rock fills
816.74 Disposal of excess spoil: Preexisting benches
816.79 Protection of underground mining
816.81 Coal mine waste: General requirements
816.83 Coal mine waste: Refuse piles
816.84 Coal mine waste: Impounding structures
816.87 Coal mine waste: Burning and burned waste utilization
816.89 Disposal of noncoal mine wastes
816.95 Stabilization of surface areas
918.97 Protection of fish, wildlife, and related environmental values
816.99 Slides and other damage
816.100 Contemporaneous reclamation
816.101 Backfilling and grading: Time and distance requirements
816.102 Backfilling and grading: General grading requirements
816.104 Backfilling and grading: Thin overburden
816.105 Backfilling and grading: Thick overburden
816.106 Backfilling and grading: Previously mined areas
816.107 Backfilling and grading: Steep slope
816.111 Revegetation: General requirements
816.113 Revegetation: Timing
816.114 Revegetation: Mulching and other soil stabilizing practices
816.116 Revegetation: Standards for success
816.131 Cessation of operations: Temporary
816.132 Cessation of operations: Permanent
816.133 Postmining land use
816.150 Roads: General
816.151 Primary roads
816.180 Utility roads
816.181 Support facilities
816.200 Interpretative rules related to general performance standards
AUTHORITY: 30 U.S.C. 1201 et seq.; and Sec. 115 of Pub. L. 98-146, 30 U.S.C.1257; Pub. L. 100-34; and Pub. L.
102-486
SOURCE: 44 FR 15395, Mar. 13, 1979, unless otherwise noted.
[For the list of Final Rules affecting these sections, as published in the Federal Register, see
"Regulation History - Changes to the Regulations Parts 700-890, 3/13/79 - 6/30/00".]
30 CFR Sec. 816.1 Scope.
This part sets forth the minimum environmental protection performance standards to be adopted and implemented
under regulatory programs for surface mining activities.
30 CFR Sec. 816.2 Objectives.
This part is intended to ensure that all surface mining activities are conducted in a manner which preserves and
enhances environmental and other values in accordance with the Act.
30 CFR Sec. 816.10 Information collection.
(a) The collections of information contained in part 816 have been approved by the Office of Management and
Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1029-0047. The information will be used by the
regulatory authority to monitor and inspect surface coal mining activities to ensure that they are in compliance with
the Surface Mining Control and Reclamation Act. Response is required to obtain a benefit.
(b) Public Reporting Burden for this information is estimated to average 1 hour per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for reducing the burden, to the Information Collection
Clearance Officer, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Ave., NW., Room
640 NC, Washington, DC 20240; and the Office of Management and Budget, Paperwork Reduction Project (1029-
0047), Washington, DC 20503.
[59 FR 53029, Oct. 20, 1994]
30 CFR Sec. 816.11 Signs and markers.
(a) Specifications. Signs and markers required under this part shall--
(1) Be posted and maintained by the person who conducts the surface mining activities;
(2) Be of a 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.
(b) Duration of maintenance. Signs and markers shall be maintained during the conduct of all activities to which
they pertain.
( c) Mine and permit identification signs. (1) Identification signs shall be displayed at each point of access to the
permit area from public roads.
(2) Signs shall show the name, business address, and telephone number of the person who conducts the surface
mining activities and the identification number of the current permit authorizing surface mining activities.
(3) Signs shall be retained and maintained until after the release of all bonds for the permit area.
(d) Perimeter markers. The perimeter of a permit area shall be clearly marked before the beginning of surface
mining activities.
(e) Buffer zone markers. Buffer zones shall be marked along their boundaries as required under Sec. 816.57.
(f) Topsoil markers. Where topsoil or other vegetation-supporting material is segregated and stockpiled as
required under Sec. 816.22, the stockpiled material shall be clearly marked.
[44 FR 15395, Mar. 13, 1979, as amended at 48 FR 9806, Mar. 8, 1983; 48 FR 44780, Sept. 30, 1983]
30 CFR Sec. 816.13 Casing and sealing of drilled holes: General requirements.
Each exploration hole, other drill or borehole, well, or other exposed underground opening shall be cased, sealed,
or otherwise managed, as approved by the regulatory authority, to prevent acid or other toxic drainage from entering
ground or surface waters, to minimize disturbance to the prevailing hydrologic balance, and to ensure the safety of
people, livestock, fish and wildlife, and machinery in the permit area and adjacent area. If these openings are
uncovered or exposed by surface mining activities within the permit area they shall be permanently closed, unless
approved for water monitoring, or otherwise managed in a manner approved by the regulatory authority. Use of a
drilled hole or borehole or monitoring well as a water well must meet the provisions of Sec. 816.41 of this part. This
section does not apply to holes solely drilled and used for blasting.
[44 FR 15395, Mar. 13, 1979, as amended at 48 FR 14822, Apr. 5, 1983; 48 FR 43990, Sept. 26, 1983]
30 CFR Sec. 816.14 Casing and sealing of drilled holes: Temporary.
Each exploration hole, other drill or boreholes, wells and other exposed underground openings which have been
identified in the approved permit application for use to return coal processing waste or water to underground
workings, or to be used to monitor ground water conditions, shall be temporarily sealed before use and protected
during use by barricades, or fences, or other protective devices approved by the regulatory authority. These devices
shall be periodically inspected and maintained in good operating condition by the person who conducts the surface
mining activities.
[44 FR 15395, Mar. 13, 1979; 44 FR 49686, Aug. 24, 1979]
30 CFR Sec. 816.15 Casing and sealing of drilled holes: Permanent.
When no longer needed for monitoring or other use approved by the regulatory authority upon a finding of no
adverse environmental or health and safety effect, or unless approved for transfer as a water well under Sec. 816.41,
each exploration hole, other drilled hole or borehole, well, and other exposed underground opening shall be capped,
sealed, backfilled, or otherwise properly managed, as required by the regulatory authority, under Sec. 816.13 and
consistent with 30 CFR 75.1711. Permanent closure measures shall be designed to prevent access to the mine
workings by people, livestock, fish and wildlife, and machinery, and to keep acid or other toxic drainage from
entering ground or surface waters.
[44 FR 15395, Mar. 13, 1979, as amended at 48 FR 43990, Sept. 26, 1983]
30 CFR Sec. 816.22 Topsoil and subsoil.
(a) Removal. (1)(i) All topsoil shall be removed as a separate layer from the area to be disturbed, and segregated.
(ii) Where the topsoil is of insufficient quantity or poor quality for sustaining vegetation, the materials approved
by the regulatory authority in accordance with paragraph (b) of this section shall be removed as a separate layer from
the area to be disturbed, and segregated.
(2) If topsoil is less than 6 inches thick, the operator may remove the topsoil and the unconsolidated materials
immediately below the topsoil and treat the mixture as topsoil.
(3) The regulatory authority may choose not to require the removal of topsoil for minor disturbances which--
(i) Occur at the site of small structures, such as power poles, signs, or fence lines; or
(ii) Will not destroy the existing vegetation and will not cause erosion.
(4) Timing. All material to be removed under this section shall be removed after the vegetative cover that would
interfere with its salvage is cleared from the area to be disturbed, but before any drilling, blasting, mining, or other
surface disturbance takes place.
(b) Substitutes and supplements. Selected overburden materials may be substituted for, or used as a supplement to
topsoil if the operator demonstrates to the regulatory authority that the resulting soil medium is equal to, or more
suitable for sustaining vegetation than, the existing topsoil, and the resulting soil medium is the best available in the
permit area to support revegetation.
( c) Storage. (1) Materials removed under paragraph (a) of this section shall be segregated and stockpiled when it
is impractical to redistribute such materials promptly on regraded areas.
(2) Stockpiled materials shall--
(i) Be selectively placed on a stable site within the permit area;
(ii) Be protected from contaminants and unnecessary compaction that would interfere with revegetation;
(iii) Be protected from wind and water erosion through prompt establishment and maintenance of an effective,
quick growing vegetative cover or through other measures approved by the regulatory authority; and
(iv) Not be moved until required for redistribution unless approved by the regulatory authority.
(3) Where long-term surface disturbances will result from facilities such as support facilities and preparation
plants and where stockpiling of materials removed under paragraph (a)(1) of this section would be detrimental to the
quality or quantity of those materials, the regulatory authority may approve the temporary distribution of the soil
materials so removed to an approved site within the permit area to enhance the current use of that site until needed
for later reclamation, provided that--
(i) Such action will not permanently diminish the capability of the topsoil of the host site; and
(ii) The material will be retained in a condition more suitable for redistribution than if stockpiled.
(d) Redistribution. (1) Topsoil materials removed under paragraph (a) of this section shall be redistributed in a
manner that--
(i) Achieves an approximately uniform, stable thickness consistent with the approved postmining land use,
contours, and surface-water drainage systems;
(ii) Prevents excess compaction of the materials; and
(iii) Protects the materials from wind and water erosion before and after seeding and planting.
(2) Before redistribution of the material removed under paragraph (a) of this section the regraded land shall be
treated if necessary to reduce potential slippage of the redistributed material and to promote root penetration. If no
harm will be caused to the redistributed material and reestablished vegetation, such treatment may be conducted after
such material is replaced.
(3) The regulatory authority may choose not to require the redistribution of topsoil or topsoil substitutes on the
approved postmining embankments of permanent impoundments or of roads if it determines that--
(i) Placement of topsoil or topsoil substitutes on such embankments is inconsistent with the requirement to use the
best technology currently available to prevent sedimentation, and
(ii) Such enbankments will be otherwise stabilized.
(4) Nutrients and soil amendments. Nutrients and soil amendments shall be applied to the initially redistributed
material when necessary to establish the vegetative cover.
(e) Subsoil segregation. The regulatory authority may require that the B horizon, C horizon, or other underlying
strata, or portions thereof, be removed and segregated, stockpiled, and redistributed as subsoil in accordance with the
requirements of paragraphs ( c) and (d) of this section if it finds that such subsoil layers are necessary to comply
with the revegetation requirements of Secs. 816.111, 816.113, 816.114, and 816.116 of this chapter.
[48 FR 22100, May 16, 1983]
30 CFR Sec. 816.41 Hydrologic-balance protection.
(a) General. All surface mining and reclamation activities shall be conducted to minimize disturbance of the
hydrologic balance within the permit and adjacent areas, to prevent material damage to the hydrologic balance
outside the permit area, to assure the protection or replacement of water rights, and to support approved postmining
land uses in accordance with the terms and conditions of the approved permit and the performance standards of this
part. The regulatory authority may require additional preventative, remedial, or monitoring measures to assure that
material damage to the hydrologic balance outside the permit area is prevented. Mining and reclamation practices
that minimize water pollution and changes in flow shall be used in preference to water treatment.
(b) Ground-water protection. In order to protect the hydrologic balance, surface mining activities shall be
conducted according to the plan approved under Sec. 780.21(h) of this chapter and the following:
(1) Ground-water quality shall be protected by handling earth materials and runoff in a manner that minimizes
acidic, toxic, or other harmful infiltration to ground-water systems and by managing excavations and other
disturbances to prevent or control the discharge of pollutants into the ground water.
(2) Ground-water quantity shall be protected by handling earth materials and runoff in a manner that will restore
the approximate premining recharge capacity of the reclaimed area as a whole, excluding coal mine waste disposal
areas and fills, so as to allow the movement of water to the ground-water system.
( c) Ground-water monitoring. (1) Ground-water monitoring shall be conducted according to the ground-water
monitoring plan approved under Sec. 780.21(i) of this chapter. The regulatory authority may require additional
monitoring when necessary.
(2) Ground-water monitoring data shall be submitted every 3 months to the regulatory authority or more
frequently as prescribed by the regulatory authority. Monitoring reports shall include analytical results from each
sample taken during the reporting period. When the analysis of any ground-water sample indicates noncompliance
with the permit conditions, then the operator shall promptly notify the regulatory authority and immediately take the
actions provided for in Secs. 773.17(e) and 780.21(h) of this chapter.
(3) Ground-water monitoring shall proceed through mining and continue during reclamation until bond release.
Consistent with the procedures of Sec. 774.13 of this chapter, the regulatory authority may modify the monitoring
requirements, including the parameters covered and the sampling frequency, if the operator demonstrates, using the
monitoring data obtained under this paragraph, that--
(i) The operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and
prevented material damage to the hydrologic balance outside the permit area; water quantity and quality are suitable
to support approved postmining land uses; and the water rights of other users have been protected or replaced; or
(ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under
Sec. 780.21(i) of this chapter.
(4) Equipment, structures, and other devices used in conjuction with monitoring the quality and quantity of ground
water onsite and offsite shall be properly installed, maintained, and operated and shall be removed by the operator
when no longer needed.
(d) Surface-water protection. In order to protect the hydrologic balance, surface mining activities shall be
conducted according to the plan approved under Sec. 780.21(h) of this chapter, and the following:
(1) Surface-water quality shall be protected by handling earth materials, ground-water discharges, and runoff in a
manner that minimizes the formation of acidic or toxic drainage; prevents, to the extent possible using the best
technology currently available, additional contribution of suspended solids to streamflow outside the permit area;
and otherwise prevents water pollution. If drainage control, restabilization and revegetation of disturbed areas,
diversion of runoff, mulching, or other reclamation and remedial practices are not adequate to meet the requirements
of this section and Sec. 816.42, the operator shall use and maintain the necessary water-treatment facilities or water
quality controls.
(2) Surface-water quality and flow rates shall be protected by handling earth materials and runoff in accordance
with the steps outlined in the plan approved under Sec. 780.21(h) of this chapter.
(e) Surface-water monitoring. (1) Surface-water monitoring shall be conducted according to the surface-water
monitoring plan approved under Sec. 780.21(j) of this chapter. The regulatory authority may require additional
monitoring when necessary.
(2) Surface-water monitoring data shcll be submitted every 3 months to the regulatory authority or more
frequently as prescribed by the regulatory authority. Monitoring reports shall include analytical results from each
sample taken during the reporting period. When the analysis of any surface-water sample indicates noncompliance
with the permit conditions, the operator shall promptly notify the regulatory authority and immediately take the
actions provided for in Secs. 773.17(e) and 780.21(h) of this chapter. The reporting requirements of this paragraph
do not exempt the operator from meeting any National Pollutant Discharge Elimination System (NPDES) reporting
requirements.
(3) Surface-water monitoring shall proceed through mining and continue during reclamation until bond release.
Consistent with Sec. 774.13 of this chapter, the regulatory authority may modify the monitoring requirements,
except those required by the NPDES permitting authority, including the parameters covered and sampling frequency
if the operator demonstrates, using the monitoring data obtained under this paragraph, that--
(i) The operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and
prevented material damage to the hydrologic balance outside the permit area; water quantity and quality are suitable
to support approved postmining land uses; and the water rights of other users have been protected or replaced; or
(ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under
Sec. 780.21(j) of this chapter.
(4) Equipment, structures, and other devices used in conjunction with monitoring the quality and quantity of
surface water onsite and offsite shall be properly installed, maintained, and operated and shall be removed by the
operator when no longer needed.
(f) Acid- and toxic-forming materials. (1) Drainage from acid- and toxic-forming materials into surface water and
ground water shall be avoided by--
(i) Identifying and burying and/or treating, when necessary, materials which may adversely affect water quality, or
be detrimental to vegetation or to public health and safety if not buried and/or treated, and
(ii) Storing materials in a manner that will protect surface water and ground water by preventing erosion, the
formation of polluted runoff, and the infiltration of polluted water. Storage shall be limited to the period until burial
and/or treatment first become feasible, and so long as storage will not result in any risk of water pollution or other
environmental damage.
(2) Storage, burial or treatment practices shall be consistent with other material handling and disposal provisions
of this chapter.
(g) Transfer of wells. Before final release of bond, exploratory or monitoring wells shall be sealed in a safe and
environmentally sound manner in accordance with Secs. 816.13 to 816.15. With the prior approval of the regulatory
authority, wells may be transferred to another party for further use. At a minimum, the conditions of such transfer
shall comply with State and local law and the permittee shall remain responsible for the proper management of the
well until bond release in accordance with Secs. 816.13 to 816.15.
(h) Water rights and replacement. Any person who conducts surface mining activities shall replace the water
supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic,
agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has
been adversely impacted by contamination, diminution, or interruption proximately resulting from the surface
mining activities. Baseline hydrologic information required in Secs. 780.21 and 780.22 of this chapter shall be used
to determine the extent of the impact of mining upon ground water and surface water.
(i) Discharges into an underground mine. (1) Discharges into an underground mine are prohibited, unless
specifically approved by the regulatory authority after a demonstration that the discharge will--
(i) Minimize disturbance to the hydrologic balance on the permit area, prevent material damage outside the permit
area and otherwise eliminate public hazards resulting from surface mining activities;
(ii) Not result in a violation of applicable water quality standards or effluent limitations;
(iii) Be at a known rate and quality which shall meet the effluent limitations of Sec. 816.42 for pH and total
suspended solids, except that the pH and total suspended-solids limitations may be exceeded, if approved by the
regulatory authority; and
(iv) Meet with the approval of the Mine Safety and Health Administration.
(2) Discharges shall be limited to the following:
(i) Water;
(ii) Coal processing waste;
(iii) Fly ash from a coal-fired facility;
(iv) Sludge from an acid-mine-drainage treatment facility;
(v) Flue-gas desulfurization sludge;
(vi) Inert materials used for stabilizing underground mines; and
(vii) Underground mine development wastes.
[48 FR 43990, Sept. 26, 1983]
30 CFR Sec. 816.42 Hydrologic balance: Water quality standards and effluent limitations.
Discharges of water from areas disturbed by surface mining activities shall be made in compliance with all
applicable State and Federal water quality laws and regulations and with the effluent limitations for coal mining
promulgated by the U.S. Environmental Protection Agency set forth in 40 CFR part 434.
[47 FR 47222, Oct. 22, 1982, as amended at 48 FR 44051, Sept. 26, 1983]
30 CFR Sec. 816.43 Diversions.
(a) General requirements. (1) With the approval of the regulatory authority, any flow from mined areas abandoned
before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of Sec.
816.46 for siltation structure removal, may be diverted from disturbed areas by means of temporary or permanent
diversions. All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit
and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public.
Diversions shall not be used to divert water into underground mines without approval of the regulatory authority
under Sec. 816.41(i).
(2) The diversion and its appurtenant structures shall be designed, located, constructed, maintained and used to--
(i) Be stable;
(ii) Provide protection against flooding and resultant damage to life and property;
(iii) Prevent, to the extent possible using the best technology currently available, additional contributions of
suspended solids to streamflow outside the permit area; and
(iv) Comply with all applicable local, State, and Federal laws and regulations.
(3) Temporary diversions shall be removed promptly when no longer needed to achieve the purpose for which
they were authorized. The land disturbed by the removal process shall be restored in accordance with this part.
Before diversions are removed, downstream water-treatment facilities previously protected by the diversion shall be
modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement shall not
relieve the operator from maintaining water-treatment facilities as otherwise required. A permanent diversion or a
stream channel reclaimed after the removal of a temporary diversion shall be designed and constructed so as to
restore or approximate the premining characteristics of the original stream channel including the natural riparian
vegetation to promote the recovery and the enhancement of the aquatic habitat.
(4) The regulatory authority may specify design criteria for diversions to meet the requirements of this section.
(b) Diversion of perennial and intermittent streams. (1) Diversion of perennial and intermittent streams within the
permit area may be approved by the regulatory authority after making the finding relating to stream buffer zones that
the diversion will not adversely affect the water quantity and quality and related environmental resources of the
stream.
(2) The design capacity of channels for temporary and permanent stream channel diversions shall be at least equal
to the capacity of the unmodified stream channel immediately upstream and downstream from the diversion.
(3) The requirements of paragraph (a)(2)(ii) of this section shall be met when the temporary and permanent
diversions for perennial and intermittent streams are designed so that the combination of channel, bank and flood-
plain configuration is adequate to pass safely the peak runoff of a 10-year, 6-hour precipitation event for a temporary
diversion and a 100-year, 6-hour precipitation event for a permanent diversion.
(4) The design and construction of all stream channel diversions of perennial and intermittent streams shall be
certified by a qualified registered professional engineer as meeting the performance standards of this part and any
design criteria set by the regulatory authority.
( c) Diversion of miscellaneous flows. (1) Miscellaneous flows, which consist of all flows except for perennial
and intermittent streams, may be diverted away from disturbed areas if required or approved by the regulatory
authority. Miscellaneous flows shall include ground-water discharges and ephemeral streams.
(2) The design, location, construction, maintenance, and removal of diversions of miscellaneous flows shall meet
all of the performance standards set forth in paragraph (a) of this section:
(3) The requirements of paragraph (a)(2)(ii) of this section shall be met when the temporary and permanent
diversions for miscellaneous flows are designed so that the combination of channel, bank and flood-plain
configuration is adequate to pass safely the peak runoff of a 2-year, 6-hour precipitation event for a temporary
diversion and a 10-year, 6-hour precipitation event for a permanent diversion.
[48 FR 43991, Sept. 26, 1983]
30 CFR Sec. 816.45 Hydrologic balance: Sediment control measures.
(a) Appropriate sediment control measures shall be designed, constructed, and maintained using the best
technology currently available to:
(1) Prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the
permit area,
(2) Meet the more stringent of applicable State or Federal effluent limitations,
(3) Minimize erosion to the extent possible.
(b) Sediment control measures include practices carried out within and adjacent to the disturbed area. 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--
(1) Disturbing the smallest practicable area at any one time during the mining operation through progressive
backfilling, grading, and prompt revegetation as required in Sec. 816.111(b);
(2) Stabilizing the backfill material to promote a reduction in the rate and volume of runoff, in accordance with
the requirements of Sec. 816.102;
(3) Retaining sediment within disturbed areas;
(4) Diverting runoff away from disturbed areas;
(5) Diverting runoff using protected channels or pipes through disturbed areas so as not to cause additional
erosion;
(6) 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; and
(7) Treating with chemicals.
[44 FR 15395, Mar. 13, 1979, as amended at 48 FR 44780, Sept. 30, 1983]
30 CFR Sec. 816.46 Hydrologic balance: Siltation structures.
(a) For the purpose of this section only, disturbed areas shall not include those areas --
(1) In which the only surface mining activities include diversion ditches, siltation structures, or roads that are
designed constructed and maintained in accordance with this part; and
(2) For which the upstream area is not otherwise disturbed by the operator.
(b) General requirements. (1) Additional contributions of suspended solids sediment to streamflow or runoff
outside the permit area shall be prevented to the extent possible using the best technology currently available.
(2) [See Publisher's Note below.] All surface drainage from the disturbed area shall be passed through a siltation
structure before leaving the permit area, except as provided in paragraph (b)(5) or (e) of this section.
(3) Siltation structures for an area shall be constructed before beginning any surface mining activities in that area,
and upon construction shall be certified by a qualified registered professional engineer, or in any State which
authorizes land surveyors to prepare and certify plans in accordance with Sec. 780.25(a) of this chapter a qualified
registered professional land surveyor, to be constructed as designed and as approved in the reclamation plan.
(4) Any siltation structure which impounds water shall be designed, constructed and maintained in accordance
with Sec. 816.49 of this chapter.
(5) Siltation structures shall be maintained until removal is authorized by the regulatory authority and the
disturbed area has been stabilized and revegetated. In no case shall the structure be removed sooner than 2 years
after the last augmented seeding.
(6) When siltation structure is removed, the land on which the siltation structure was located shall be regraded and
revegetated in accordance with the reclamation plan and Secs. 816.111 through 816.116 of this chapter.
Sedimentation ponds approved by the regulatory authority for retention as permanent impoundments may be
exempted from this requirement.
( c) Sedimentation ponds. (1) When used, sedimentation ponds shall --
(i) Be used individually or in series;
(ii) Be located as near as possible to the disturbed area and out of perennial streams unless approved by the
regulatory authority, and
(iii) Be designed, constructed, and maintained to --
(A) Provide adequate sediment storage volume;
(B) Provide adequate detention time to allow the effluent from the ponds to meet State and Federal effluent
limitations;
( C) Contain or treat the 10-year, 24-hour precipitation event ("design event") unless a lesser design event is
approved by the regulatory authority based on terrain, climate, other site-specific conditions and on a demonstration
by the operator that the effluent limitations of Sec. 816.42 will be met;
(D) Provide a nonclogging dewatering device adequate to maintain the detention time required under paragraph
( c)(1)(iii)(B) of this section;
(E) Minimize, to the extent possible, short circuiting;
(F) Provide periodic sediment removal sufficient to maintain adequate volume for the design event;
(G) Ensure against excessive settlement;
(H) Be free of sod, large roots, frozen soil, and acid- or toxic-forming coal-processing waste; and
(I) Be compacted properly.
(2) Spillways. A sedimentation pond shall include either a combination of principal and emergency spillways or
single spillway configured as specified in Sec. 816.49(a)(9).
(i) The regulatory authority may approve a single open-channel spillway that is:
(A) Of nonerodible construction and designed to carry sustained flows; or
(B) Earth- or grass-lined and designed to carry short-term infrequent flows at non-erosive velocities where
sustained flows are not expected.
(ii) Except as specified in paragraph ( c)(2)(iii) of this section, the required design precipitation event for a
sedimentation pond meeting the spillway requirements of paragraph ( c)(2) of this section is:
(A) For a sedimentation pond meeting the size or other criteria of Sec. 77.216(a) of this title, a 100-year 6-hour
event, or greater event as specified by the regulatory authority.
(B) For a sedimentation pond not meeting the size or other criteria of Sec. 77.216(a) of this title, a 25-year 6-hour
event, or greater event as specified by the regulatory authority.
(iii) In lieu of meeting the requirements in paragraph ( c)(2)(i) of this section, the regulatory authority may
approve a sedimentation pond that relies primarily on storage to control the runoff from the design precipitation
event when it is demonstrated by the operator and certified by a qualified registered professional engineer or
qualified registered professional land surveyor in accordance with Sec. 780.25(a) of this chapter that the
sedimentation pond will safely control the design precipitation event, the water from which shall be safely removed
in accordance with current, prudent, engineering practices. Such a sedimentation pond shall be located where failure
would not be expected to cause loss of life or serious property damage, except where:
(A) In the case of a sedimentation pond meeting the size or other criteria of Sec. 77.216(a) of this title, it is
designed to control the precipitation of the probable maximum precipitation of a 6-hour event, or greater event as
specified by the regulatory authority; or
(B) In the case of a sedimentation pond not meeting the size or other criteria of Sec. 77.216(a) of this title, it is
designed to control the precipitation of a 100-year 6-hour event, or greater event as specified by the regulatory
authority.
(d) Other treatment facilities. (1) Other treatment facilities shall be designed to treat the 10-year, 24-hour
precipitation event unless a lesser design event is approved by the regulatory authority based on terrain, climate,
other site-specific conditions and a demonstration by the operator that the effluent limitations of Sec. 816.42 will be
met.
(2) Other treatment facilities shall be designed in accordance with the applicable requirements of paragraph ( c) of
this section.
(e) Exemptions. Exemptions to the requirements of this section may be granted if --
(1) The disturbed drainage area within the total disturbed area is small; and
(2) The operator demonstrates that siltation structures and alternate sediment control measures are not necessary
for drainage from the disturbed area to meet the effluent limitations under Sec. 816.42 and the applicable State and
Federal water quality standards for the receiving waters.
[48 FR 44051, Sept. 26, 1983, as amended at 53 FR 43605, Oct. 27, 1988; 59 FR 53029, Oct. 20, 1994]
[EFFECTIVE DATE NOTE: At 51 FR 41961, Nov. 20, 1986, paragraph (b)(2) of Sec. 816.46 was suspended.]
30 CFR Sec. 816.47 Hydrologic balance: Discharge structures.
Discharge from sedimentation ponds, permanent and temporary impoundments, coal processing waste dams and
embankments, and diversions shall be controlled, by energy dissipators, riprap channels, and other 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.
30 CFR Sec. 816.49 Impoundments.
(a) General requirements. The requirements of this paragraph apply to both temporary and permanent
impoundments.
(1) Impoundments meeting the Class B or C criteria for dams in the U.S. Department of Agriculture, Soil
Conservation Service Technical Release No. 60 (210-VI-TR60, Oct. 1985), "Earth Dams and Reservoirs," 1985 shall
comply with "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60 and the requirements of this
section. The technical release is hereby incorporated by reference. This incorporation by reference was approved by
the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Copies may be obtained
from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161, order
No. PB 87-157509/AS. Copies can be inspected at the OSM Headquarters Office, Office of Surface Mining
Reclamation and Enforcement, Administrative Record, 1951 Constitution Avenue, NW, Washington, DC, or at the
Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(2) An impoundment meeting the size or other criteria of Sec. 77.216(a) of this title shall comply with the
requirements of Sec. 77.216 of this title and this section.
(3) Design certification. The design of impoundments shall be certified in accordance with Sec. 780.25(a) of this
chapter as designed to meet the requirements of this part using current, prudent, engineering practices and any
design criteria established by the regulatory authority. The qualified, registered, professional engineer or qualified,
registered, professional, land surveyor shall be experienced in the design and construction of impoundments.
(4) Stability. (i) An impoundment meeting the Class B or C criteria for dams in TR-60, or the size or other criteria
of Sec. 77.216(a) of this title shall have a minimum static 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.
(ii) Impoundments not included in paragraph (a)(4)(i) of this section, except for a coal mine waste impounding
structure, shall have a minimum static safety factor of 1.3 for a normal pool with steady state seepage saturation
conditions or meet the requirements of Sec. 780.25( c)(3).
(5) Freeboard. Impoundments shall have adequate freeboard to resist overtopping by waves and by sudden
increases in storage volume. Impoundments meeting the Class B or C criteria for dams in TR-60 shall comply with
the freeboard hydrograph criteria in the "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60.
(6) Foundation. (i) Foundations and abutments for an impounding structure shall be stable during all phases of
construction and operation and shall be designed based on adequate and accurate information on the foundation
conditions. For an impoundment meeting the Class B or C criteria for dams in TR-60, or the size or other criteria of
Sec. 77.216(a) of this title, foundation investigation, as well as any necessary laboratory testing of foundation
material, shall be performed to determine the design requirements for foundation stability.
(ii) All vegetative and organic materials shall be removed and foundations excavated and prepared to resist
failure. Cutoff trenches shall be installed if necessary to ensure stability.
(7) Slope protection shall be provided to protect against surface erosion at the site and protect against sudden
drawdown.
(8) Faces of embankments and surrounding areas shall be vegetated, except that faces where water is impounded
may be riprapped or otherwise stabilized in accordance with accepted design practices.
(9) Spillways. An impoundment shall include either a combination of principal and emergency spillways or a
single spillway configured as specified in paragraph (a)(9)(i) of this section, designed and constructed to safely pass
the applicable design precipitation event specified in paragraph (a)(9)(ii) of this section, except as set forth in
paragraph ( c)(2) of this section.
(i) The regulatory authority may approve a single open-channel spillway that is:
(A) Of nonerodible construction and designed to carry sustained flows; or
(B) Earth- or grass-lined and designed to carry short-term, infrequent flows at non-erosive velocities where
sustained flows are not expected.
(ii) Except as specified in paragraph ( c)(2) of this section, the required design precipitation event for an
impoundment meeting the spillway requirements of paragraph (a)(9) of this section is:
(A) For an impoundment meeting the Class B or C criteria for dams in TR-60, the emergency spillway hydrograph
criteria in the "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60, or greater event as specified by
the regulatory authority.
(B) For an impoundment meeting or exceeding the size or other criteria of Sec. 77.216(a) of this title, a 100-year
6-hour event, or greater event as specified by the regulatory authority.
( C) For an impoundment not included in paragraph (a)(9)(ii)(A) and (B) of this section, a 25-year 6-hour or
greater event as specified by the regulatory authority.
(10) The vertical portion of any remaining highwall shall be located far enough below the low-water line along the
full extent of highwall to provide adequate safety and access for the proposed water users.
(11) Inspections. Except as provided in paragraph (a)(11)(iv) of this section, a qualified registered professional
engineer or other qualified professional specialist under the direction of a professional engineer, shall inspect each
impoundment as provided in paragraph (a)(11)(i) of this section. The professional engineer or specialist shall be
experienced in the construction of impoundments.
(i) 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.
(ii) The qualified registered professional engineer, or qualified registered professional land surveyor as specified
in paragraph (a)(11)(iv) of this section, shall promptly after each inspection required in paragraph (a)(11)(i) of this
section provide to the regulatory authority a certified report that the impoundment has been constructed and/or
maintained as designed and in accordance with the approved plan and this chapter. The report shall include
discussion of any appearance of instability, structural weakness or other hazardous condition, depth and elevation of
any impounded waters, existing storage capacity, any existing or required monitoring procedures and
instrumentation, and any other aspects of the structure affecting stability.
(iii) A copy of the report shall be retained at or near the minesite.
(iv) In any State which authorizes land surveyors to prepare and certify plans in accordance with Sec. 780.25(a) of
this chapter, a qualified registered professional land surveyor may inspect any temporary or permanent impoundment
that does not meet the SCS Class B or C criteria for dams in TR-60, or the size or other criteria of Sec. 77.216(a) of
this title and certify and submit the report required by paragraph (a)(11)(ii) of this section, except that all coal mine
waste impounding structures covered by Sec. 816.84 of this chapter shall be certified by a qualified registered
professional engineer. The professional land surveyor shall be experienced in the construction of impoundments.
(12) Impoundments meeting the SCS Class B or C criteria for dams in TR-60, or the size or other criteria of Sec.
77.216 of this title must be examined in accordance with Sec. 77.216-3 of this title. Impoundments not meeting the
SCS Class B or C criteria for dams in TR-60, or subject to Sec. 77.216 of this title, shall be examined at least
quarterly. A qualified person designated by the operator shall examine impoundments for the appearance of
structural weakness and other hazardous conditions.
(13) Emergency procedures. If any examination or inspection discloses that a potential hazard exists, the person
who examined the impoundment shall promptly inform the regulatory authority of the finding and of the emergency
procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or
implemented, the regulatory authority shall be notified immediately. The regulatory authority shall then notify the
appropriate agencies that other emergency procedures are required to protect the public.
(b) Permanent impoundments. A permanent impoundment of water may be created, if authorized by the regulatory
authority in the approved permit based upon the following demonstration:
(1) The size and configuration of such impoundment will be adequate for its intended purposes.
(2) The quality of impounded water will be suitable on a permanent basis for its intended use and, after
reclamation, will meet applicable State and Federal water quality standards, and discharges from the impoundment
will meet applicable effluent limitations and will not degrade the quality of receiving water below applicable State
and Federal water quality standards.
(3) The water level will be sufficiently stable and be capable of supporting the intended use.
(4) Final grading will provide for adequate safety and access for proposed water users.
(5) The impoundment will not result in the diminution of the quality and quantity of water utilized by adjacent or
surrounding landowners for agricultural, industrial, recreational, or domestic uses.
(6) The impoundment will be suitable for the approved postmining land use.
( c) Temporary impoundments. (1) The regulatory authority may authorize the construction of temporary
impoundments as part of a surface coal mining operation.
(2) In lieu of meeting the requirements in paragraph (a)(9)(i) of this section, the regulatory authority may approve
an impoundment that relies primarily on storage to control the runoff from the design precipitation event when it is
demonstrated by the operator and certified by a qualified registered professional engineer or qualified registered
professional land surveyor in accordance with Sec. 780.25(a) of this chapter that the 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) Impoundments meeting the SCS Class B or C criteria for dams in TR-60, or the size or other criteria of Sec.
77.216(a) of this title shall be designed to control the precipitation of the probable maximum precipitation of a 6-
hour event, or greater event specified by the regulatory authority.
(ii) Impoundments not included in paragraph ( c)(2)(i) of this section shall be designed to control the precipitation
of the 100-year 6-hour event, or greater event specified by the regulatory authority.
[48 FR 44004, Sept. 26, 1983, as amended at 50 FR 16200, Apr. 24, 1985; 53 FR 43605, Oct. 27, 1988; 59 FR
53029, 53030, Oct. 20, 1994; 66 FR 14316, 14317, Mar. 12, 2001]
[EFFECTIVE DATE NOTE: 66 FR 14316, 14317, Mar. 12, 2001, amended paragraphs (a) and ( c), effective Mar.
12, 2001.]
30 CFR Sec. 816.56 Postmining rehabilitation of sedimentation ponds, diversions, impoundments, and
treatment facilities.
Before abandoning a permit area or seeking bond release, the operator shall ensure that all temporary structures
are removed and reclaimed, and that all permanent sedimentation ponds, diversions, impoundments, and treatment
facilities meet the requirements of this chapter for permanent structures, have been maintained properly, and meet
the requirements of the approved reclamation plan for permanent structures and impoundments. The operator shall
renovate such structures if necessary to meet the requirements of this chapter and to conform to the approved
reclamation plan.
[48 FR 44005, Sept. 26, 1983]
30 CFR Sec. 816.57 Hydrologic balance: Stream buffer zones.
(a) No land within 100 feet of a perennial stream or an intermittent stream shall be disturbed by surface mining
activities, unless the regulatory authority specifically authorizes surface mining activities closer to, or through, such
a stream. The regulatory authority may authorize such activities only upon finding that--
(1) Surface mining activities will not cause or contribute to the violation of applicable State or Federal water
quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the
stream; and
(2) If there will be a temporary or permanent stream-channel diversion, it will comply with Sec. 816.43.
(b) The area not to be disturbed shall be designated as a buffer zone, and the operator shall mark it as specified in
Sec. 816.11.
[48 FR 30327, June 30, 1983]
30 CFR Sec. 816.59 Coal recovery.
Surface mining activities shall be conducted so as to maximize the utilization and conservation of the coal, while
utilizing the best appropriate technology currently available to maintain environmental integrity, so that reaffecting
the land in the future through surface coal mining operations is minimized.
30 CFR Sec. 816.61 Use of explosives: General requirements.
(a) Each operator shall comply with all applicable State and Federal laws and regulations in the use of explosives.
(b) Blasts that use more than 5 pounds of explosive or blasting agent shall be conducted according to the schedule
required under Sec. 816.64.
( c) Blasters. (1) No later than 12 months after the blaster certification program for a State required by part 850 of
this chapter has been approved under the procedures of subchapter C of this chapter, all blasting operations in that
State shall be conducted under the direction of a certified blaster. Before that time, all such blasting operations in
that State shall be conducted by competent, experienced persons who understand the hazards involved.
(2) Certificates of blaster certification shall be carried by blasters or shall be on file at the permit area during
blasting operations.
(3) A blaster and at least one other person shall be present at the firing of a blast.
(4) Any blaster who is responsible for conducting blasting operations at a blasting site shall:
(i) Be familiar with the blasting plan and site-specific performance standards; and
(ii) Give direction and on-the-job training to persons who are not certified and who are assigned to the blasting
crew or assist in the use of explosives.
(d) Blast design. (1) An anticipated blast design shall be submitted if blasting operations will be conducted within-
(i) 1,000 feet of any building used as a dwelling, public building, school, church, or community or institutional
building outside the permit area; or
(ii) 500 feet of an active or abandoned underground mine.
(2) The blast design may be presented as part of a permit application or at a time, before the blast, approved by the
regulatory authority.
(3) The blast design shall contain sketches of the drill patterns, delay periods, and decking and shall indicate the
type and amount of explosives to be used, critical dimensions, and the location and general description of structures
to be protected, as well as a discussion of design factors to be used, which protect the pubic and meet the applicable
airblast, flyrock, and ground-vibration standards in Sec. 816.67.
(4) The blast design shall be prepared and signed by a certified blaster.
(5) The regulatory authority may require changes to the design submitted.
[48 FR 9492, Mar. 4, 1983, and 48 FR 9806, Mar. 8, 1983, as amended at 51 FR 19461, May 29, 1986]
30 CFR Sec. 816.62 Use of explosives: Preblasting survey.
(a) At least 30 days before initiation of blasting, the operator shall notify, in writing, all residents or owners of
dwellings or other structures located within 1/2 mile of the permit area how to request a preblasting survey.
(b) A resident or owner of a dwelling or structure within 1/2 mile of any part of the permit area may request a
preblasting survey. This request shall be made, in writing, directly to the operator or to the regulatory authority, who
shall promptly notify the operator. The operator shall promptly conduct a preblasting survey of the dwelling or
structure and promptly prepare a written report of the survey. An updated survey of any additions, modifications, or
renovations shall be performed by the operator if requested by the resident or owner.
( c) The operator shall determine the condition of the dwelling or structure and shall document any preblasting
damage and other physical factors that could reasonably be affected by the blasting. Structures such as pipelines,
cables, transmission lines, and cisterns, wells, and other water systems warrant special attention; however, the
assessment of these structures may be limited to surface conditions and other readily available data.
(d) The written report of the survey shall be signed by the person who conducted the survey. Copies of the report
shall be promptly provided to the regulatory authority and to the person requesting the survey. If the person
requesting the survey disagrees with the contents and/or recommendations contained therein, he or she may submit
to both the operator and the regulatory authority a detailed description of the specific areas of disagreement.
(e) Any surveys requested more than 10 days before the planned initiation of blasting shall be completed by the
operator before the initiation of blasting.
[48 FR 9807, Mar. 8, 1983]
30 CFR Sec. 816.64 Use of explosives: Blasting schedule.
(a) General requirements. (1) The operator shall conduct blasting operations at times approved by the regulatory
authority and announced in the blasting schedule. The regulatory authority may limit the area covered, timing, and
sequence of blasting as listed in the schedule, if such limitations are necessary and reasonable in order to protect the
public health and safety or welfare.
(2) All blasting shall be conducted between sunrise and sunset, unless nighttime blasting is approved by the
regulatory authority based upon a showing by the operator that the public will be protected from adverse noise and
other impacts. The regulatory authority may specify more restrictive time periods for blasting.
(3) Unscheduled blasts may be conducted only where public or operator health and safety so require and for
emergency blasting actions. When an operator conducts an unscheduled blast, the operator, using audible signals,
shall notify residents within 1/2 mile of the blasting site and document the reason for the unscheduled blast in
accordance with Sec. 816.68(p).
(b) Blasting schedule publication and distribution. (1) The operator shall publish the blasting schedule in a
newspaper of general circulation in the locality of the blasting site at least 10 days, but not more than 30 days, before
beginning a blasting program.
(2) The operator shall distribute copies of the schedule to local governments and public utilities and to each local
residence within 1/2 mile of the proposed blasting site described in the schedule.
(3) The operator shall republish and redistribute the schedule at least every 12 months and revise and republish the
schedule at least 10 days, but not more than 30 days, before blasting whenever the area covered by the schedule
changes or actual time periods for blasting significantly differ from the prior announcement.
( c) Blasting schedule contents. The blasting schedule shall contain, at a minimum--
(1) Name, address, and telephone number of operator;
(2) Identification of the specific areas in which blasting will take place;
(3) Dates and time periods when explosives are to be detonated;
(4) Methods to be used to control access to the blasting area; and
(5) Type and patterns of audible warning and all-clear signals to be used before and after blasting.
[48 FR 9807, Mar. 8, 1983]
30 CFR Sec. 816.66 Use of explosives: Blasting signs, warnings, and access control.
(a) Blasting signs. Blasting signs shall meet the specifications of Sec. 816.11. The operator shall--
(1) Conspicuously place signs reading "Blasting Area" along the edge of any blasting area that comes within 100
feet of any public road right-of-way, and at the point where any other road provides access to the blasting area; and
(2) At all entrances to the permit area from public roads or highways, place conspicuous signs which state
"Warning! Explosives in Use," which clearly list and describe the meaning of the audible blast warning and all-clear
signals that are in use, and which explain the marking of blasting areas and charged holes awaiting firing within the
permit area.
(b) Warnings. Warning and all-clear signals of different character or pattern that are audible within a range of 1/2
mile from the point of the blast shall be given. Each person within the permit area and each person who resides or
regularly works within 1/2 mile of the permit area shall be notified of the meaning of the signals in the blasting
schedule.
( c) Access control. Access within the blasting area shall be controlled to prevent presence of livestock or
unauthorized persons during blasting and until an authorized representative of the operator has reasonably
determined that--
(1) No unusual hazards, such as imminent slides or undetonated charges, exist; and
(2) Access to and travel within the blasting area can be safely resumed.
[48 FR 9807, Mar. 8, 1983]
30 CFR Sec. 816.67 Use of explosives: Control of adverse effects.
(a) General requirements. Blasting shall be conducted to prevent injury to persons, damage to public or private
property outside the permit area, adverse impacts on any underground mine, and change in the course, channel, or
availability of surface or ground water outside the permit area.
(b) Airblast--(1) Limits. (i) Airblast shall not exceed the maximum limits listed below at the location of any
dwelling, public building, school, church, or community or institutional building outside the permit area, except as
provided in paragraph (e) of this section.
______________________________________________________________________________
Lower frequency limit of measuring system, Maximum level, in dB
in Hz (+/-3 dB)
0.1 Hz or lower -- flat response* 134 peak.
2 Hz or lower -- flat response 133 peak.
6 Hz or lower -- flat response 129 peak.
C-weighted -- slow response* 105 peak dBC.
______________________________________________________________________________
* Only when approved by the regulatory authority.
(ii) If necessary to prevent damage, the regulatory authority shall specify lower maximum allowable airblast levels
than those of paragraph (b)(1)(i) of this section for use in the vicinity of a specific blasting operation.
(2) Monitoring. (i) The operator shall conduct periodic monitoring to ensure compliance with the airblast
standards. The regulatory authority may require airblast measurement of any or all blasts and may specify the
locations at which such measurements are taken.
(ii) The measuring systems shall have an upper-end flat-frequency response of at least 200 Hz.
( c) Flyrock. Flyrock travelling in the air or along the ground shall not be cast from the blasting site--
(1) More than one-half the distance to the nearest dwelling or other occupied structure;
(2) Beyond the area of control required under Sec. 816.66( c); or
(3) Beyond the permit boundary.
(d) Ground vibration--(1) General. In all blasting operations, except as otherwise authorized in paragraph (e) of
this section, the maximum ground vibration shall not exceed the values approved in the blasting plan required under
Sec. 780.13 of this chapter. The maximum ground vibration for protected structures listed in paragraph (d)(2)(i) of
this section shall be established in accordance with either the maximum peak-particle-velocity limits of paragraph
(d)(2), the scaled-distance equation of paragraph (d)(3), the blasting-level chart of paragraph (d)(4) of this section, or
by the regulatory authority under paragraph (d)(5) of this section. All structures in the vicinity of the blasting area,
not listed in paragraph (d)(2)(i) of this section, such as water towers, pipelines and other utilities, tunnels, dams,
impoundments, and underground mines, shall be protected from damage by establishment of a maximum allowable
limit on the ground vibration, submitted by the operator in the blasting plan and approved by the regulatory
authority.
(2) Maximum peak particle velocity. (i) The maximum ground vibration shall not exceed the following limits at
the location of any dwelling, public building, school, church, or community or institutional building outside the
permit area:
______________________________________________________________________________
Distance (D), Maximum allowable Scaled-distance factor
from the peak particle to be applied
blasting site, velocity (Vmax) without seismic
in feet for ground vibration, monitoring** (Ds)
in inches/second*
0 to 300 1.25 50
301 to 5,000 1.00 55
5,001 and beyond 0.75 65
______________________________________________________________________________
* Ground vibration shall be measured as the particle velocity. Particle velocity shall be recorded in three mutually
perpendicular directions. The maximum allowable peak particle velocity shall apply to each of the three
measurements.
** Applicable to the scaled-distance equation of paragraph (d)(3)(i) of this section.
(ii) A seismographic record shall be provided for each blast.
(3) Scale-distance equation. (i) An operator may use the scaled-distance equation, W=(D/Ds) 2 , to determine the
allowable charge weight of explosives to be detonated in any 8-millisecond period, without seismic monitoring;
where W=the maximum weight of explosives, in pounds; D=the distance, in feet, from the blasting site to the nearest
protected structure; and Ds=the scaled-distance factor, which may initially be approved by the regulatory authority
using the values for scaled-distance factor listed in paragraph (d)(2)(i) of this section.
(ii) The development of a modified scaled-distance factor may be authorized by the regulatory authority on receipt
of a written request by the operator, supported by seismographic records of blasting at the minesite. The modified
scale-distance factor shall be determined such that the particle velocity of the predicted ground vibration will not
exceed the prescribed maximum allowable peak particle velocity of paragraph (d)(2)(i) of this section, at a 95-
percent confidence level.
(4) Blasting-level chart. (i) An operator may use the ground-vibration limits in Figure 1 to determine the
maximum allowable ground vibration.
Figure 1: Alternative blasting level criteria
(Source Modified from Figure B-1, Bureau of Mines R18507)
(ii) If the Figure 1 limits are used, a seismographic record including both particle velocity and vibration-
frequency levels shall be provided for each blast. The method for the analysis of the predominant frequency
contained in the blasting records shall be approved by the regulatory authority before application of this alternative
blasting criterion.
(5) The maximum allowable ground vibration shall be reduced by the regulatory authority beyond the limits
otherwise provided by this section, if determined necessary to provide damage protection.
(6) The regulatory authority may require an operator to conduct seismic monitoring of any or all blasts or may
specify the location at which the measurements are taken and the degree of detail necessary in the measurement.
(e) The maximum airblast and ground-vibration standards of paragraphs (b) and (d) of this section shall not apply
at the following locations:
(1) At structures owned by the permittee and not leased to another person.
(2) At structures owned by the permittee and leased to another person, if a written waiver by the lessee is
submitted to the regulatory authority before blasting.
[48 FR 9807, Mar. 8, 1983, as amended at 48 FR 44780, Sept. 30, 1983]
30 CFR Sec. 816.68 Use of explosives: Records of blasting operations.
The operator shall retain a record of all blasts for at least 3 years. Upon request, copies of these records shall be
made available to the regulatory authority and to the public for inspection. Such records shall contain the following
data:
(a) Name of the operator conducting the blast.
(b) Location, date, and time of the blast.
( c) Name, signature, and certification number of the blaster conducting the blast.
(d) Identification, direction, and distance, in feet, from the nearest blast hole to the nearest dwelling, public
building, school, church, community or institutional building outside the permit area, except those described in Sec.
816.67(e).
(e) Weather conditions, including those which may cause possible adverse blasting effects.
(f) Type of material blasted.
(g) Sketches of the blast pattern including number of holes, burden, spacing, decks, and delay pattern.
(h) Diameter and depth of holes.
(i) Types of explosives used.
(j) Total weight of explosives used per hole.
(k) The maximum weight of explosives detonated in an 8-millisecond period.
(l) Initiation system.
(m) Type and length of stemming.
(n) Mats or other protections used.
(o) Seismographic and airblast records, if required, which shall include--
(1) Type of instrument, sensitivity, and calibration signal or certification of annual calibration;
(2) Exact location of instrument and the date, time, and distance from the blast;
(3) Name of the person and firm taking the reading;
(4) Name of the person and firm analyzing the seismographic record; and
(5) The vibration and/or airblast level recorded.
(p) Reasons and conditions for each unscheduled blast.
[48 FR 9809, Mar. 8, 1983, as amended at 52 FR 29181, Aug. 6, 1987]
30 CFR Sec. 816.71 Disposal of excess spoil: General requirements.
(a) General. Excess spoil shall be placed in designated disposal areas within the permit area, in a controlled
manner to--
(1) Minimize the adverse effects of leachate and surface water runoff from the fill on surface and ground waters;
(2) Ensure mass stability and prevent mass movement during and after construction; and
(3) Ensure that the final fill is suitable for reclamation and revegetation compatible with the natural surroundings
and the approved postmining land use.
(b) Design certification. (1) The fill and appurtenant structures shall be designed using current, prudent
engineering practices and shall meet any design criteria established by the regulatory authority. A qualified
registered professional engineer experienced in the design of earth and rock fills shall certify the design of the fill
and appurtenant structures.
(2) The fill shall be designed to attain a minimum long-term static safety factor of 1.5. The foundation and
abutments of the fill must be stable under all conditions of construction.
( c) Location. The disposal area shall be located on the most moderately sloping and naturally stable areas
available, as approved by the regulatory authority, and shall be placed, where possible, upon or above a natural
terrace, bench, or berm, if such placement provides additional stability and prevents mass movement.
(d) Foundation. (1) Sufficient foundation investigations, as well as any necessary laboratory testing of foundation
material, shall be performed in order to determine the design requirements for foundation stability. The analyses of
foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the
stability of the fill and appurtenant structures.
(2) Where the slope in the disposal area is in excess of 2.8h:1v (36 percent), or such lesser slope as may be
designated by the regulatory authority based on local conditions, keyway cuts (excavations to stable bedrock) or rock
toe buttresses shall be constructed to ensure stability of the fill. Where the toe of the spoil rests on a downslope,
stability analyses shall be performed in accordance with Sec. 780.35( c) of this chapter to determine the size of rock
toe buttresses and keyway cuts.
(e) Placement of excess spoil. (1) All vegetative and organic materials shall be removed from the disposal area
prior to placement of the excess spoil. Topsoil shall be removed, segregated and stored or redistributed in
accordance with Sec. 816.22. If approved by the regulatory authority, organic material may be used as mulch or may
be included in the topsoil to control erosion, promote growth of vegetation or increase the moisture retention of the
soil.
(2) Excess spoil shall be transported and placed in a controlled manner in horizontal lifts not exceeding 4 feet in
thickness; concurrently compacted as necessary to ensure mass stability and to prevent mass movement during and
after construction; graded so that surface and subsurface drainage is compatible with the natural surroundings; and
covered with topsoil or substitute material in accordance with Sec. 816.22 of this chapter. The regulatory authority
may approve a design which incorporates placement of excess spoil in horizontal lifts other than 4 feet in thickness
when it is demonstrated by the operator and certified by a qualified registered professional engineer that the design
will ensure the stability of the fill and will meet all other applicable requirements.
(3) The final configuration of the fill shall be suitable for the approved postmining land use. Terraces may be
constructed on the outslope of the fill if required for stability, control of erosion, to conserve soil moisture, or to
facilitate the approved postmining land use. The grade of the outslope between terrace benches shall not be steeper
than 2h: 1v (50 percent).
(4) No permanent impoundments are allowed on the completed fill. Small depressions may be allowed by the
regulatory authority if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or
assist revegetation; and if they are not incompatible with the stability of the fill.
(5) Excess spoil that is acid- or toxic-forming or combustible shall be adequately covered with nonacid, nontoxic
and noncombustible material, or treated, to control the impact on surface and ground water in accordance with Sec.
816.41, to prevent sustained combustion, and to minimize adverse effects on plant growth and the approved
postmining land use.
(f) Drainage control. (1) If the disposal area contains springs, natural or manmade water courses, or wet weather
seeps, the fill design shall include diversions and underdrains as necessary to control erosion, prevent water
infiltration into the fill, and ensure stability.
(2) Diversions shall comply with the requirements of Sec. 816.43.
(3) Underdrains shall consist of durable rock or pipe, be designed and constructed using current, prudent
engineering practices and meet any design criteria established by the regulatory authority. The underdrain system
shall be designed to carry the anticipated seepage of water due to rainfall away from the excess spoil fill and from
seeps and springs in the foundation of the disposal area and shall be protected from piping and contamination by an
adequate filter. Rock underdrains shall be constructed of durable, nonacid-,nontoxic-forming rock (e.g., natural sand
and gravel, sandstone, limestone, or other durable rock) that does not slake in water or degrade to soil material, and
which is free of coal, clay or other nondurable material. Perforated pipe underdrains shall be corrosion resistant and
shall have characteristics consistent with the long-term life of the fill.
(g) Surface area stabilization. Slope protection shall be provided to minimize surface erosion at the site. All
disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon
completion of construction.
(h) Inspections. A qualified registered professional engineer, or other qualified professional specialist under the
direction of the professional engineer, shall periodically inspect the fill during construction. The professional
engineer or specialist shall be experienced in the construction of earth and rock fills.
(1) Such inspections shall be made at least quarterly throughout construction and during critical construction
periods. Critical construction periods shall include at a minimum:
(i) Foundation preparation, including the removal of all organic material and topsoil; (ii) placement of underdrains
and protective filter systems; (iii) installation of final surface drainage systems; and (iv) the final graded and
revegetated fill. Regular inspections by the engineer or specialist shall also be conducted during placement and
compaction of fill materials.
(2) The qualified registered professional engineer shall provide a certified report to the regulatory authority
promptly after each inspection that the fill has been constructed and maintained as designed and in accordance with
the approved plan and this chapter. The report shall include appearances of instability, structural weakness, and other
hazardous conditions.
(3) (i) The certified report on the drainage system and protective filters shall include color photographs taken
during and after construction, but before underdrains are covered with excess spoil. If the underdrain system is
constructed in phases, each phase shall be certified separately.
(ii) Where excess durable rock spoil is placed in single or multiple lifts such that the underdrain system is
constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, in
accordance with Sec. 816.73, color photographs shall be taken of the underdrain as the underdrain system is being
formed.
(iii) The photographs accompanying each certified report shall be taken in adequate size and number with enough
terrain or other physical features of the site shown to provide a relative scale to the photographs and to specifically
and clearly identify the site.
(4) A copy of each inspection report shall be retained at or near the mine site.
(i) Coal mine waste. Coal mine waste may be disposed of in excess spoil fills if approved by the regulatory
authority and, if such waste is--
(1) Placed in accordance with Sec. 816.83;
(2) Nontoxic and nonacid forming; and
(3) Of the proper characteristics to be consistent with the design stability of the fill.
(j) Underground disposal. Excess spoil may be disposed of in underground mine workings, but only in accordance
with a plan approved by the regulatory authority and MSHA under Sec. 784.25 of this chapter.
[48 FR 32925, July 19, 1983, as amended at 48 FR 44780, Sept. 30, 1983]
30 CFR Sec. 816.72 Disposal of excess spoil: Valley fills/head-of-hollow fills.
Valley fills and head-of-hollow fills shall meet the requirements of Sec. 816.71 and the additional requirements of
this section.
(a) Drainage control. (1) The top surface of the completed fill shall be graded such that the final slope after
settlement will be toward properly designed drainage channels. Uncontrolled surface drainage may not be directed
over the outslope of the fill.
(2) Runoff from areas above the fill and runoff from the surface of the fill shall be diverted into stabilized
diversion channels designed to meet the requirements of Sec. 816.43 and, in addition, to safely pass the runoff from
a 100-year, 6-hour precipitation event.
(b) Rock-core chimney drains. A rock-core chimney drain may be used in a head-of-hollow fill, instead of the
underdrain and surface diversion system normally required, as long as the fill is not located in an area containing
intermittent or perennial streams. A rock-core chimney drain may be used in a valley fill if the fill does not exceed
250,000 cubic yards of material and upstream drainage is diverted around the fill. The alternative rock-core chimney
drain system shall be incorporated into the design and construction of the fill as follows.
(1) The fill shall have, along the vertical projection of the main buried stream channel or rill, a vertical core of
durable rock at least 16 feet thick which shall extend from the toe of the fill to the head of the fill, and from the base
of the fill to the surface of the fill. A system of lateral rock underdrains shall connect this rock core to each area of
potential drainage or seepage in the disposal area. The underdrain system and rock core shall be designed to carry
the anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the
foundation of the disposal area. Rocks used in the rock core and underdrains shall meet the requirements of Sec.
816.71(f).
(2) A filter system to ensure the proper long-term functioning of the rock core shall be designed and constucted
using current, prudent engineering practices.
(3) Grading may drain surface water away from the outslope of the fill and toward the rock core. In no case,
however, may intermittent or perennial streams be diverted into the rock core. The maximum slope of the top of the
fill shall be 33h:1v (3 percent). A drainage pocket may be maintained at the head of the fill during and after
construction, to intercept surface runoff and discharge the runoff through or over the rock drain, if stability of the fill
is not impaired. In no case shall this pocket or sump have a potential capacity for impounding more than 10,000
cubic feet of water. Terraces on the fill shall be graded with a 3 to 5 percent grade toward the fill and a 1 percent
slope toward the rock core.
[48 FR 32926, July 19, 1983]
30 CFR Sec. 816.73 Disposal of excess spoil: Durable rock fills.
The regulatory authority may approve the alternative method of disposal of excess durable rock spoil by gravity
placement in single or multiple lifts, provided the following conditions are met:
(a) Except as provided in this section, the requirements of Sec. 816.71 are met.
(b) The excess spoil consists of at least 80 percent, by volume, durable, nonacid- and nontoxic-forming rock (e.g.,
sandstone or limestone) that does not slake in water and will not degrade to soil material. Where used, noncemented
clay shale, clay spoil, soil or other nondurable excess spoil materials shall be mixed with excess durable rock spoil in
a controlled manner such that no more than 20 percent of the fill volume, as determined by tests performed by a
registered engineer and approved by the regulatory authority, is not durable rock.
( c) A qualified registered professional engineer certifies that the design will ensure the stability of the fill and
meet all other applicable requirements.
(d) The fill is designed to attain a minimum long-term static safety factor of 1.5, and an earthquake safety factor of
1.1.
(e) The underdrain system may be constructed simultaneously with excess spoil placement by the natural
segregation of dumped materials, provided the resulting underdrain system is capable of carrying anticipated seepage
of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal
area and the other requirements for drainage control are met.
(f) Surface water runoff from areas adjacent to and above the fill is not allowed to flow onto the fill and is diverted
into stabilized diversion channels designed to meet the requirements of Sec. 816.43 and to safely pass the runoff
from a 100-year, 6-hour precipitation event.
[48 FR 32926, July 19, 1983, as amended at 48 FR 44780, Sept. 30, 1983]
30 CFR Sec. 816.74 Disposal of excess spoil: Preexisting benches.
(a) The regulatory authority may approve the disposal of excess spoil through placement on a preexisting bench if
the affected portion of the preexisting bench is permitted and the standards set forth in Secs. 816.102( c), (e) through
(h), and (j), and the requirements of this section are met.
(b) All vegetation and organic materials shall be removed from the affected portion of the preexisting bench prior
to placement of the excess spoil. Any available topsoil on the bench shall be removed, stored and redistributed in
accordance with Sec. 816.22 of this part. Substitute or supplemental materials may be used in accordance with Sec.
816.22(b) of this part.
( c) The fill shall be designed and constructed using current, prudent engineering practices. The design will be
certified by a registered professional engineer. The spoil shall be placed on the solid portion of the bench in a
controlled manner and concurrently compacted as necessary to attain a long term static safety factor of 1.3 for all
portions of the fill. Any spoil deposited on any fill portion of the bench will be treated as excess spoil fill under Sec.
816.71.
(d) The preexisting bench shall be backfilled and graded to--
(1) Achieve the most moderate slope possible which does not exceed the angle of repose;
(2) Eliminate the highwall to the maximum extent technically practical;
(3) Minimize erosion and water pollution both on and off the site; and
(4) If the disposal area contains springs, natural or manmade water courses, or wet weather seeps, the fill design
shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the fill, and
ensure stability.
(e) All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be
revegetated upon completion of construction.
(f) Permanent impoundments may not be constructed on preexisting benches backfilled with excess spoil under
this regulation.
(g) Final configuration of the backfill must be compatible with the natural drainage patterns and the surrounding
area, and support the approved postmining land use.
(h) Disposal of excess spoil from an upper actively mined bench to a lower preexisting bench by means of gravity
transport may be approved by the regulatory authority provided that--
(1) The gravity transport courses are determined on a site-specific basis by the operator as part of the permit
application and approved by the regulatory authority to minimize hazards to health and safety and to ensure that
damage will be minimized between the benches, outside the set course, and downslope of the lower bench should
excess spoil accidentally move;
(2) All gravity transported excess spoil, including that excess spoil immediately below the gravity transport
courses and any preexisting spoil that is disturbed, is rehandled and placed in horizontal lifts in a controlled manner,
concurrently compacted as necessary to ensure mass stability and to prevent mass movement, and graded to allow
surface and subsurface drainage to be compatible with the natural surroundings and to ensure a minimum long-term
static safety factor of 1.3. Excess spoil on the bench prior to the current mining operation that is not disturbed need
not be rehandled except where necessary to ensure stability of the fill;
(3) A safety berm is constructed on the solid portion of the lower bench prior to gravity transport of the excess
spoil. Where there is insufficient material on the lower bench to construct a safety berm, only that amount of excess
spoil necessary for the construction of the berm may be gravity transported to the lower bench prior to construction
of the berm.
(4) Excess spoil shall not be allowed on the downslope below the upper bench except on designated gravity
transport courses properly prepared according to Sec. 816.22. Upon completion of the fill, no excess spoil shall be
allowed to remain on the designated gravity transport course between the two benches and each transport course
shall be reclaimed in accordance with the requirements of this part.
[48 FR 32927, July 19, 1983, as amended at 56 FR 65635, Dec. 17, 1991]
30 CFR Sec. 816.79 Protection of underground mining.
No surface mining activities shall be conducted closer than 500 feet to any point of either an active or abandoned
underground mine, except to the extent that--
(a) The activities result in improved resource recovery, abatement of water pollution, or elimination of hazards to
the health and safety of the public; and
(b) The nature, timing, and sequence of the activities that propose to mine closer than 500 feet to an active
underground mine are jointly approved by the regulatory authority, the Mine Safety and Health Administration, and
the State agency, if any, responsible for the safety of underground mine workers.
[48 FR 24651, June 1, 1983]
30 CFR Sec. 816.81 Coal mine waste: General requirements.
(a) General. All coal mine waste disposed of in an area other than the mine workings or excavations shall be
placed in new or existing disposal areas within a permit area, which are approved by the regulatory authority for this
purpose. Coal mine waste shall be hauled or conveyed and placed for final placement in a controlled manner to--
(1) Minimize adverse effects of leachate and surface-water runoff on surface and ground water quality and
quantity;
(2) Ensure mass stability and prevent mass movement during and after construction;
(3) Ensure that the final disposal facility is suitable for reclamation and revegetation compatible with the natural
surroundings and the approved postmining land use;
(4) Not create a public hazard; and
(5) Prevent combustion.
(b) Coal mine waste material from activities located outside a permit area may be disposed of in the permit area
only if approved by the regulatory authority. Approval shall be based upon a showing that such disposal will be in
accordance with the standards of this section.
( c) Design certification. (1) The disposal facility shall be designed using current, prudent engineering practices
and shall meet any design criteria established by the regulatory authority. A qualified registered professional
engineer, experienced in the design of similar earth and waste structures, shall certify the design of the disposal
facility.
(2) The disposal facility shall be designed to attain a minimum long-term static safety factor of 1.5. The
foundation and abutments must be stable under all conditions of construction.
(d) Foundation. Sufficient foundation investigations, as well as any necessary laboratory testing of foundation
material, shall be performed in order to determine the design requirements for foundation stability. The analyses of
the foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the
stability of the disposal facility.
(e) Emergency procedures. If any examination or inspection discloses that a potential hazard exists, the regulatory
authority shall be informed promptly of the finding and of the emergency procedures formulated for public
protection and remedial action. If adequate procedures cannot be formulated or implemented, the regulatory
authority shall be notified immediately. The regulatory authority shall then notify the appropriate agencies that other
emergency procedures are required to protect the public.
(f) Underground disposal. Coal mine waste may be disposed of in underground mine workings, but only in
accordance with a plan approved by the regulatory authority and MSHA under Sec. 784.25 of this chapter.
[48 FR 44028, Sept. 26, 1983, as amended at 56 FR 65635, Dec. 17, 1991]
[EFFECTIVE DATE NOTE: At 51 FR 41961, Nov. 20, 1986, in Sec. 816.81 paragraph (a) was suspended insofar as
it allows end dumping or side dumping of coal mine waste.]
30 CFR Sec. 816.83 Coal mine waste: Refuse piles.
Refuse piles shall meet the requirements of Sec. 816.81, the additional requirements of this section, and the
requirements of Secs. 77.214 and 77.215 of this title.
(a) Drainage control. (1) If the disposal area contains springs, natural or manmade water courses, or wet weather
seeps, the design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration
into the disposal facility and ensure stability.
(2) Uncontrolled surface drainage may not be diverted over the outslope of the refuse piles. Runoff from the areas
above the refuse pile and runoff from the surface of the refuse pile shall be diverted into stabilized diversion
channels designed to meet the requirements of Sec. 816.43 to safely pass the runoff from a 100-year, 6-hour
precipitation event. Runoff diverted from undisturbed areas need not be commingled with runoff from the surface of
the refuse pile.
(3) Underdrains shall comply with the requirements of Sec. 816.71(f)(3).
(b) Surface area stabilization. Slope protection shall be provided to minimize surface erosion at the site. All
disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon
completion of construction.
( c) Placement. (1) All vegetative and organic materials shall be removed from the disposal area prior to
placement of coal mine waste. Topsoil shall be removed, segregated and stored or redistributed in accordance with
Sec. 816.22. If approved by the regulatory authority, organic material may be used as mulch, or may be included in
the topsoil to control erosion, promote growth of vegetation or increase the moisture retention of the soil.
(2) The final configuration of the refuse pile shall be suitable for the approved postmining land use. Terraces may
be constructed on the outslope of the refuse pile if required for stability, control or erosion, conservation of soil
moisture, or facilitation of the approved postmining land use. The grade of the outslope between terrace benches
shall not be steeper than 2h:1v (50 percent).
(3) No permanent impoundments shall be allowed on the completed refuse pile. Small depressions may be
allowed by the regulatory authority if they are needed to retain moisture, minimize erosion, create and enhance
wildlife habitat, or assist revegetation, and if they are not incompatible with stability of the refuse pile.
(4) Following final grading of the refuse pile, the coal mine waste shall be covered with a minimum of 4 feet of
the best available, nontoxic and noncombustible material, in a manner that does not impede drainage from the
underdrains. The regulatory authority may allow less than 4 feet of cover material based on physical and chemical
analyses which show that the requirements of Secs. 816.111 through 816.116 will be met.
(d) Inspections. A qualified registered professional engineer, or other qualified professional specialist under the
direction of the professional engineer, shall inspect the refuse pile during construction. The professional engineer or
specialist shall be experienced in the construction of similar earth and waste structures.
(1) Such inspections shall be made at least quarterly throughout construction and during critical construction
periods. Critical construction periods shall include at a minimum:
(i) Foundation preparation including the removal of all organic material and topsoil; (ii) placement of underdrains
and protective filter systems; (iii) installation of final surface drainage systems; and (iv) the final graded and
revegetated facility. Regular inspections by the engineer or specialist shall also be conducted during placement and
compaction of coal mine waste materials. More frequent inspections shall be conducted if a danger of harm exists to
the public health and safety or the environment. Inspections shall continue until the refuse pile has been finally
graded and revegetated or until a later time as required by the regulatory authority.
(2) The qualified registered professional engineer shall provide a certified report to the regulatory authority
promptly after each inspection that the refuse pile has been constructed and maintained as designed and in
accordance with the approved plan and this chapter. The report shall include appearances of instability, structural
weakness, and other hazardous conditions.
(3) The certified report on the drainage system and protective filters shall include color photographs taken during
and after construction, but before underdrains are covered with coal mine waste. If the underdrain system is
constructed in phases, each phase shall be certified separately. The photographs accompanying each certified report
shall be taken in adequate size and number with enough terrain or other physical features of the site shown to
provide a relative scale to the photographs and to specifically and clearly identify the site.
(4) A copy of each inspection report shall be retained at or near the minesite.
[48 FR 44028, Sept. 26, 1983]
30 CFR Sec. 816.84 Coal mine waste: Impounding structures.
New and existing impounding structures constructed of coal mine waste or intended to impound coal mine waste
shall meet the requirements of Sec. 816.81.
(a) Coal mine waste shall not be used for construction of impounding structures unless it has been demonstrated to
the regulatory authority that the stability of such a structure conforms to the requirements of this part and the use of
coal mine waste will not have a detrimental effect on downstream water quality or the environment due to acid
seepage through the impounding structure. The stability of the structure and the potential impact of acid mine
seepage through the impounding structure shall be discussed in detail in the design plan submitted to the regulatory
authority in accordance with Sec. 780.25 of this chapter.
(b)(1) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste shall be
designed, constructed and maintained in accordance with Sec. 816.49 (a) and ( c). Such structures may not be
retained permanently as part of the approved postmining land use.
(2) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste that meets
the criteria of Sec. 77.216(a) of this title shall have sufficient spillway capacity to safely pass, adequate storage
capacity to safely contain, or a combination of storage capacity and spillway capacity to safely control, the probable
maximum precipitation of a 6-hour precipitation event, or greater event as specified by the regulatory authority.
( c) Spillways and outlet works shall be designed to provide adequate protection against erosion and corrosion.
Inlets shall be protected against blockage.
(d) Drainage control. Runoff from areas above the disposal facility or runoff from surface of the facility that may
cause instability or erosion of the impounding structure shall be diverted into stabilized diversion channels designed
to meet the requirements of Sec. 816.43 and designed to safely pass the round off from a 100-year, 6-hour design
precipitation event.
(e) Impounding structures constructed of or impounding coal mine waste shall be designed so that at least 90
percent of the water stored during the design precipitation event can be removed within a 10-day period.
(f) For an impounding structure constructed of or impounding coal mine waste, at least 90 percent of the water
stored during the design precipitation event shall be removed within the 10-day period following the design
precipitation event.
[48 FR 44029, Sept. 26, 1983, as amended at 53 FR 43606, Oct. 27, 1988]
30 CFR Sec. 816.87 Coal mine waste: Burning and burned waste utilization.
(a) Coal mine waste fires shall be extinguished by the person who conducts the surface mining activities, in
accordance with a plan approved by the regulatory authority and the Mine Safety and Health Administration. The
plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the operator, and who
have an understanding of the procedures to be used, shall be involved in the extinguishing operations.
(b) No burning or burned coal mine waste shall be removed from a permitted disposal area without a removal plan
approved by the regulatory authority. Consideration shall be given to potential hazards to persons working or living
in the vicinity of the structure.
[48 FR 44029, Sept. 26, 1983]
30 CFR Sec. 816.89 Disposal of noncoal mine wastes.
(a) Noncoal mine wastes including, but not limited to grease, lubricants, paints, flammable liquids, garbage,
abandoned mining machinery, lumber and other combustible materials generated during mining activities shall be
placed and stored in a controlled manner in a designated portion of the permit area. Placement and storage shall
ensure that leachate and surface runoff do not degrade surface or ground water, that fires are prevented, and that the
area remains stable and suitable for reclamation and revegetation compatible with the natural surroundings.
(b) Final disposal of noncoal mine wastes shall be in a designated disposal site in the permit area or a State-
approved solid waste disposal area. Disposal sites in the permit area shall be designed and constructed to ensure that
leachate and drainage from the noncoal mine waste area does not degrade surface or underground water. Wastes
shall be routinely compacted and covered to prevent combustion and wind-borne waste. When the disposal is
completed, a minimum of 2 feet of soil cover shall be placed over the site, slopes stabilized, and revegetation
accomplished in accordance with Secs. 816.111 through 816.116. Operation of the disposal site shall be conducted
in accordance with all local, State and Federal requirements.
( c) At no time shall any noncoal mine waste be deposited in a refuse pile or impounding structure, nor shall an
excavation for a noncoal mine waste disposal site be located within 8 feet of any coal outcrop or coal storage area.
[48 FR 44030, Sept. 26, 1983, as amended at 56 FR 65635, Dec. 17, 1991]
30 CFR Sec. 816.95 Stabilization of surface areas.
(a) All exposed surface areas shall be protected and stabilized to effectively control erosion and air pollution
attendant to erosion.
(b) Rills and gullies, which form in areas that have been regraded and topsoiled and which either (1) disrupt the
approved postmining land use or the reestablishment of the vegetative cover, or (2) cause or contribute to a violation
of water quality standards for receiving streams shall be filled, regraded, or otherwise stabilized; topsoil shall be
replaced; and the areas shall be reseeded or replanted.
[48 FR 1163, Jan. 10, 1983]
30 CFR Sec. 816.97 Protection of fish, wildlife, and related environmental values.
(a) The operator shall, to the extent possible using the best technology currently available, minimize disturbances
and adverse impacts on fish, wildlife, and related environmental values and shall achieve enhancement of such
resources where practicable.
(b) Endangered and threatened species. No surface mining activity shall be conducted which is likely to
jeopardize the continued existence of endangered or threatened species listed by the Secretary or which is likely to
result in the destruction or adverse modification of designated critical habitats of such species in violation of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). The operator shall promptly report to the
regulatory authority any State- or federally-listed endangered or threatened species within the permit area of which
the operator becomes aware. Upon notification, the regulatory authority shall consult with appropriate State and
Federal fish and wildlife agencies and, after consultation, shall identify whether, and under what conditions, the
operater may proceed.
( c) Bald and golden eagles. No surface mining activity shall be conducted in a manner which would result in the
unlawful taking of a bald or golden eagle, its nest, or any of its eggs. The operator shall promptly report to the
regulatory authority any golden or bald eagle nest within the permit area of which the operator becomes aware. Upon
notification, the regulatory authority shall consult with the U.S. Fish and Wildlife Service and also, where
appropriate, the State fish and wildlife agency and, after consultation, shall identify whether, and under what
conditions, the operator may proceed.
(d) Nothing in this chapter shall authorize the taking of an endangered or threatened species or a bald or golden
eagle, its nest, or any of its eggs in violation of the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et
seq., or the Bald Eagle Protection Act, as amended, 16 U.S.C. 668 et seq.
(e) Each operator shall, to the extent possible using the best technology currently available--
(1) Ensure that electric powerlines and other transmission facilities used for, or incidental to, surface mining
activities on the permit area are designed and constructed to minimize electrocution hazards to raptors, except where
the regulatory authority determines that such requirements are unnecessary;
(2) Locate and operate haul and access roads so as to avoid or minimize impacts on important fish and wildlife
species or other species protected by State or Federal law;
(3) Design fences, overland conveyors, and other potential barriers to permit passage for large mammals, except
where the regulatory authority determines that such requirements are unnecessary; and
(4) Fence, cover, or use other appropriate methods to exclude wildlife from ponds which contain hazardous
concentrations of toxic-forming materials.
(f) Wetlands and habitats of unusually high value for fish and wildlife. The operator conducting surface mining
activities shall avoid disturbances to, enhance where practicable, restore, or replace, wetlands, and riparian
vegetation along rivers and streams and bordering ponds and lakes. Surface mining activities shall avoid
disturbances to, enhance where practicable, or restore, habitats of unusually high value for fish and wildlife.
(g) Where fish and wildlife habitat is to be a postmining land use, the plant species to be used on reclaimed areas
shall be selected on the basis of the following criteria:
(1) Their proven nutritional value for fish or wildlife.
(2) Their use as cover for fish or wildlife.
(3) Their ability to support and enhance fish or wildlife habitat after the release of performance bonds. The
selected plants shall be grouped and distributed in a manner which optimizes edge effect, cover, and other benefits to
fish and wildlife.
(h) Where cropland is to be the postmining land use, and where appropriate for wildlife- and crop-management
practices, the operator shall intersperse the fields with trees, hedges, or fence rows throughout the harvested area to
break up large blocks of monoculture and to diversify habitat types for birds and other animals.
(i) Where residential, public service, or industrial uses are to be the postmining land use, and where consistent
with the approved postmining land use, the operator shall intersperse reclaimed lands with greenbelts utilizing
species of grass, shrubs, and trees useful as food and cover for wildlife.
[48 FR 30327, June 30, 1983, as amended at 52 FR 47360, Dec. 11, 1987]
30 CFR Sec. 816.99 Slides and other damage.
(a) An undisturbed natural barrier shall be provided beginning at the elevation of the lowest coal seam to be mined
and extending from the outslope for such distance as may be determined by the regulatory authority as is needed to
assure stability. The barrier shall be retained in place to prevent slides and erosion.
(b) At any time a slide occurs which may have a potential adverse affect on public property, health, safety, or the
environment, the person who conducts the surface mining activities shall notify the regulatory authority by the
fastest available means and comply with any remedial measures required by the regulatory authority.
30 CFR Sec. 816.100 Contemporaneous reclamation.
Reclamation efforts, including but not limited to backfilling, grading, topsoil replacement, and revegetation, on all
land that is disturbed by surface mining activities shall occur as contemporaneously as practicable with mining
operations, except when such mining operations are conducted in accordance with a variance for concurrent surface
and underground mining activities issued under Sec. 785.18 of this chapter.
[48 FR 24652, June 1, 1983, as amended at 56 FR 65635, Dec. 17, 1991]
30 CFR Sec. 816.101 Backfilling and grading: Time and distance requirements.
(a) Except as provided in paragraph (b) of this section, rough backfilling and grading for surface mining activities
shall be completed according to one of the following schedules:
(1) Contour mining. Within 60 days or 1,500 linear feet following coal removal;
(2) Area mining. Within 180 days following coal removal, and not more than four spoil ridges behind the pit being
worked, the spoil from the active pit constituting the first ridge; or
(3) Other surface mining methods. In accordance with the schedule established by the regulatory authority. For
States with approved State programs, schedules are subject to the State program approval process.
(b) The regulatory authority may extend the time allowed for rough backfilling and grading for the entire permit
area or for a specified portion of the permit area if the permittee demonstrates in accordance with Sec. 780.18(b)(3)
of this chapter that additional time is necessary.
[56 FR 65635, Dec. 17, 1991]
[EFFECTIVE DATE NOTE: At 57 FR 33875, July 31, 1992, Sec. 816.101 was suspended indefinitely, effective
August 31, 1992.]
30 CFR Sec. 816.102 Backfilling and grading: General requirements.
(a) Disturbed areas shall be backfilled and graded to--
(1) Achieve the approximate original contour, except as provided in paragraph (k) of this section;
(2) Eliminate all highwalls, spoil piles, and depressions, except as provided in paragraph (h) (small depressions)
and in paragraph (k)(3)(iii) (previously mined highwalls) of this section;
(3) Achieve a postmining slope that does not exceed either the angle of repose or such lesser slope as is necessary
to achieve a minimum long-term static safety factor of 1.3 and to prevent slides;
(4) Minimize erosion and water pollution both on and off the site; and
(5) Support the approved postmining land use.
(b) Spoil, except excess spoil disposed of in accordance with Secs. 816.71 through 816.74, shall be returned to the
mined-out area.
( c) Spoil and waste materials shall be compacted where advisable to ensure stability or to prevent leaching of
toxic materials.
(d) Spoil may be placed on the area outside the mined-out area in nonsteep slope areas to restore the approximate
original contour by blending the spoil into the surrounding terrain if the following requirements are met:
(1) All vegetative and organic material shall be removed from the area.
(2) The topsoil on the area shall be removed, segregated, stored, and redistributed in accordance with Sec. 816.22.
(3) The spoil shall be backfilled and graded on the area in accordance with the requirements of this section.
(e) Disposal of coal processing waste and underground development waste in the mined-out area shall be in
accordance with Secs. 816.81 and 816.83, except that a long-term static safety factor of 1.3 shall be achieved.
(f) Exposed coal seams, acid- and toxic-forming materials, and combustible materials exposed, used, or produced
during mining shall be adequately covered with nontoxic and noncombustible material, or treated, to control the
impact on surface and ground water in accordance with Sec. 816.41, to prevent sustained combustion, and to
minimize adverse effects on plant growth and the approved postmining land use.
(g) Cut-and-fill terraces may be allowed by the regulatory authority where--
(1) Needed to conserve soil moisture, ensure stability, and control erosion on final-graded slopes, if the terraces
are compatible with the approved postmining land use; or
(2) Specialized grading, foundation conditions, or roads are required for the approved postmining land use, in
which case the final grading may include a terrace of adequate width to ensure the safety, stability, and erosion
control necessary to implement the postmining land-use plan.
(h) Small depressions may be constructed if they are needed to retain moisture, minimize erosion, create and
enhance wildlife habitat, or assist revegetation.
(i) Permanent impoundments may be approved if they meet the requirements of Secs. 816.49 and 816.56 and if
they are suitable for the approved postmining land use.
(j) Preparation of final-graded surfaces shall be conducted in a manner that minimizes erosion and provides a
surface for replacement of topsoil that will minimize slippage.
(k) The postmining slope may vary from the approximate original contour when--
(1) The standards for thin overburden in Sec. 816.104 are met;
(2) The standards for thick overburden in Sec. 816.105 are met; or
(3) Approval is obtained from the regulatory authority for--
(i) Mountaintop removal operations in accordance with Sec. 785.14 of this chapter;
(ii) A variance from approximate original contour requirements in accordance with Sec. 785.16 of this chapter; or
(iii) Incomplete elimination of highwalls in previously mined areas in accordance with Sec. 816.106.
[48 FR 23368, May 24, 1983, as amended at 48 FR 41734, Sept. 16, 1983]
30 CFR Sec. 816.104 Backfilling and grading: Thin overburden.
(a) Definition. Thin overburden means insufficient spoil and other waste materials available from the entire permit
area to restore the disturbed area to its approximate original contour. Insufficient spoil and other waste materials
occur where the overburden thickness times the swell factor, plus the thickness of other available waste materials, is
less than the combined thickness of the overburden and coal bed prior to removing the coal, so that after backfilling
and grading the surface configuration of the reclaimed area would not:
(1) Closely resemble the surface configuration of the land prior to mining; or
(2) Blend into and complement the drainage pattern of the surrounding terrain.
(b) Performance standards. Where thin overburden occurs within the permit area, the permittee at a minimum
shall:
(1) Use all spoil and other waste materials available from the entire permit area to attain the lowest practicable
grade, but not more than the angle of repose; and
(2) Meet the requirements of Secs. 816.102(a)(2) through (j) of this part.
[56 FR 65635, Dec. 17, 1991]
30 CFR Sec. 816.105 Backfilling and grading: Thick overburden.
(a) Definition. Thic