text:
Page:United States Statutes at Large Volume 91.djvu/504

 91 STAT. 470 Interim period.

PUBLIC LAW 95-87—AUG. 3, 1977 (f) Following the final disapproval of a State program, and prior to promulgation of a Federal program or a Federal lands program pursuant to this Act, including judicial review of such a program, existing surface coal mining operations may continue surface mining operations pursuant to the provisions of section 502 of this Act. During such period no new permits shall be issued by the State whose program has been disapproved. Permits which lapse during such period may continue in full force and effect until promulgation of a Federal program or a Federal lands program. STATE PROGRAMS

30 USC 1253. Post, p. 504. Post, p. 510. Ante, p. 456.

. ,^ ' •" " . '

Rules and regulations.

 * 's..,

SEC. 503. (a) Each State in which there are or may be conducted surface coal mining operations on non-Federal lands, and which wishes to assume exclusive jurisdiction over the regulation of surface coal mining and reclamation operations, except as provided in sections 521 and 523 and title IV of this Act, shall submit to the Secretary, by the end of the eighteenth-month period beginning on the date of enactment of this Act, a State program which demonstrates that such State has the capability of carrying out the provisions of this Act and meeting its purposes through— (1) a State law which provides for the regulation of surface coal mining and reclamation operations in accordance with the requirements of this Act; (2) a State law which provides sanctions for violations of State laws, regulations, or conditions of permits concerning surface coal mining and reclamation operations, which sanctions shall meet the minimum requirements of this Act, including civil and criminal actions, forfeiture of bonds, suspensions, revocations, and withholding of permits, and the issuance of cease-and-desist orders by the State regulatory authority or its inspectors; (3) a State regulatory authority with sufficient administrative and technical personnel, and sufficient funding to enable the State to regulate surface coal mining and reclamation operations in accordance with the requirements of this Act; (4) a State law which provides for the effective implementations, maintenance, and enforcement of a permit system, meeting the requirements of this title for the regulations of surface coal mining and reclamation operations for coal on lands within the State; ,^ (5) establishment of a process for the designation of areas as • unsuitable for surface coal mining in accordance with section 522 provided that the designation of Federal lands unsuitable for mining shall be performed exclusively by the Secretary after con,, sultation with the State; and (6) establishment for the purposes of avoiding duplication, of a process for coordinating the review and issuance of permits for surface coal mining and reclamation operations with any other Federal or State permit process applicable to the proposed operations; and (7) rules and regulations consistent with regulations issued by the Secretary pursuant to this Act. (b) The Secretary shall not approve any State program submitted under this section until he has— (1) solicited and publicly disclosed the views of the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and the heads of other Federal agencies concerned with or having special expertise pertinent to the proposed State program;

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Page:United States Statutes at Large Volume 91.djvu/505

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 471

(2) obtained the written concurrence of the Administrator of the Environmental Protection Agency with respect to those aspects of a State program which reUite to air or water quality standards promulgated under the authority of the Federal Water Pollution Control Act, as amended (38 U.S.C. 1151-1175), and 33 USC 1251 the Clean Air Act, as amended (42 U.S.C. 1857 et seq.); note. (3) held at least one public hearing on the State program within Hearing. the State; and (4) found that the State has the legal authority and qualified personnel necessary for the enforcement of the environmental protection standards. The Secretary shall approve or disapprove a State program, in whole or in part, within six full calendar months after the date such State program was submitted to him. (c) If the Secretary disapproves any proposed State program in Notice of whole or in part, he shall notify the State in writing of his decision disapproval. and set forth in detail the reasons therefor. The State shall have sixty days in which to resubmit a revised State program or portion thereof. The Secretary shall approve or disapprove the I'csubmitted State program or portion thereof within sixty days from the date of resubmission. (d) For the purposes of this section and section 504. the inability of a State to take any action the purpose of which is to prepare, subniit or enforce a State program, or any portion thereof, because the action is enjoined by the issuance of an injunction by any court of competent jurisdiction shall not result in a loss of eligibility for financial assistance under titles IV and VII of this Act or in the imposition of a Ante, p. 456. Federal program. Regulation of the surface coal mining and reclama- Post, p. 516. tion operations covered or to be covered by the State program subject to the injunction shall be conducted by the State pursuant to section 502 of this Act, until such time as the injunction terminates or for one year, whichever is shorter, at which time the requirements of sections 503 and 504 shall again be fully applicable. FEDERAL PROGRAMS

SEC. 504. (a) The Secretary shall prepare and, subject to the pro- 30 USC 1254. visions of this section, pronmlgate and implement a Federal program for a State no later than thirty-four months after the date of enactment of this Act if such State— (1) fails to submit a State program covering surface coal mining and reclamation operations by the end of the eighteenmonth period beginning on the date of enactment of this Act; (2) fails to resubmit an acceptable State program within sixty days of disapproval of a proposed State program: Provided, That the Secretary shall not implement a Federal program prior to the expiration of the initial period allowed for submission of a State prograui as provided for in clause (1) of this subsection; or (3) fails to implement, enforce, or maintain its approved State program as provided for in this Act. If State compliance with clause (1) of this subsection requires an act of the State legislature, the Secretary may extend the period of submission of a State program up to an additional six months. Promulgation and implementation of a Federal program vests the Secretary with exclusive jurisdiction for the regulation and control of surface coal mining and reclamation operations taking place on lands within any State not in compliance with this Act. After promulgation and implementation of a Federal program the Secretary shall be the

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Page:United States Statutes at Large Volume 91.djvu/506

 91 STAT. 472

Post, p. 507.

Post, p. 504. Notice and hearing. Permits, review.

X'Ct'::}'''.,

Hearing.

State statutes or regulations, preemption.

PUBLIC LAW 9 5 - 8 7 — A U G. 3, 1977 regulatory authority. If a Federal program is implemented for a State, section 522(a), (c), and (d) shall not apply for a period of one year following the date of such implementation. I n promulgating and implementing a Federal program for a particular State the Secretary shall take into consideration the nature of that State's terrain, climate, biological, chemical, and other relevant physical conditions. (b) I n the event that a State has a State program for surface coal mining, and is not enforcing any part of such program, the Secretary may provide for the Federal enforcement, under the provisions of section 521, of that part of the State program not being enforced by such State. (c) P r i o r to promulgation and implementation of any proposed Federal program, the Secretary shall give adequate public notice and hold a public hearing in the affected State. (d) Permits issued pursuant to a previously approved State program shall be valid but reviewable under a Federal program. Immediately following promulgation of a Federal program, the Secretary shall undertake to review such permits to determine that the requirements of this Act are not violated. I f the Secretary determines any permit to have been granted contrary to the requirements of this Act, he shall so advise the permittee and provide him an opportunity for hearing and a reasonable opportunity for submission of a new application and reasonable time, within a time limit prescribed in regulations promulgated pursuant to section 501(b), to conform ongoing surface mining and reclamation operations to the requirements of the Federal program. (e) A State which has failed to obtain the approval of a State program prior to implementation of a Federal program may submit a State program at any time after such implementation. Upon the submission of such a program, the Secretary shall follow the procedures set forth in section 503(b) and shall approve or disapprove the State program within six months after its submittal. Approval of a State program shall be based on the determination that the State has the capability of carrying out the provisions of this Act and meeting its purposes through the criteria set forth in section 503(a)(1) through (6). Until a State program is approved as provided under this section, the Federal program shall remain in effect and all actions taken by the Secretary pursuant to such Federal program, including the terms and conditions of any permit issued thereunder shall remain in effect. (f) Permits issued pursuant to the Federal program shall be valid under any superseding State program: Provided, That the Federal permittee shall have the right to apply for a State permit to supersede his Federal permit. The State regulatory authority may review such permits to determine that the requirements of this Act and the approved State program are not violated. Should the State program contain additional requirements not contained in the Federal program, the permittee will be provided opportunity for hearing and a reasonable time, within a time limit prescribed in regulations promulgated pursuant to section 501, to conform ongoing surface mining and reclamation operations to the additional State requirements. (g) Whenever a Federal program is promulgated for a State pursuant to this Act, any statutes or regulations of such State which are in effect to regulate surface mining and reclamation operations subject to this Act shall, insofar as they interfere with the achievement of the purposes and the requirements of this Act and the Federal program, be preempted and superseded by the Federal program. The Secretary shall set forth any State law or regulation which is preempted and superseded by the Federal program.

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Page:United States Statutes at Large Volume 91.djvu/507

 PUBLIC LAW 9 5 - 8 7 — A U G. 3, 1977

91 STAT. 473

(h) Any Federal program shall include a process for coordinating Permits, the review and issuance of permits for surface mining and reclamation coordination, operations with any other Federal or State permit process applicable to the proposed operation. STATE LAWS

SEC. 505. (a) No State law or regulation in effect on the date of 30 USC 1255. enactment of this Act, or which may become effective thereafter, shall be superseded by any provision of this Act or any regulation issued pursuant thereto, except insofar as such State law or regulation is inconsistent with the provisions of this Act. (b) Any provision of any State law or regulation in effect upon the '-Mn; date of enactment of this Act, or which may become effective thereafter, which provides for more stringent land use and environmental controls and regulations of surface coal uiining and reclamation opeiution than do the provisions of this Act or any regulation issued pursuant thereto siiall not be construed to be inconsistent with this Act. The Secretary shall set forfh any State law or regulation which is construed to be inconsistent with this Act. Any provision of any State law or regulation in effect on the date of enactment of this Act, or which may become effective thereafter, which provides for the control and regulation of surface mining and reclamation operations for which no provision is contained in this Act shall not be construed to be inconsistent with this Act. PERMITS

SEC. 506. (a) No later than eight months from the date on which 30 USC 1256. a State program is approved by the Secretary, pursuant to section 503 of this Act, or no later than eight months from the date on which the Secretary has promulgated a Federal program for a State not having a State program pursuant to section 504 of this Act, no person shall engage in or carry out on lands within a State any surface coal mining operations unless such person has first obtained a permit issued by such State pursuant to an approved State program or by the Secretary pursuant to a Federal program; except a person conducting surface coal mining operations under a permit from the State regulatory authority, issued in accordance with the provisions of section 502 of this Act, may conduct such operations beyond such period if an application for a permit has been filed in accordance with the provisions of this Act, but the initial administrative decision has not been rendered. (b) All peruiits issued pursuant to the requirements of this Act Term, shall be issued for a term not to exceed five years: Provided, That if the applicant demonstrates that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment and the opening of the operation and if the application is full and complete for such specified longer term, the regulatory authority may g r a n t a permit for such longer term. A successor in interest to a permittee who applies for a new permit within t h i r t y days of succeeding to such interest and who is able to obtain the bond coverage of the original permittee may continue surface coal mining and reclamation operations according to the approved mining and reclamation plan of the original permittee until such successor's application is granted or denied. (c) A permit shall terminate if the permittee has not commenced Termination, the surface coal mining operations covered by such permit within three years of the issuance of the permit: Provided, That the regulatory authority may grant reasonable extensions of time upon a showing that such extensions are necessary by reason, of litigation precluding

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Page:United States Statutes at Large Volume 91.djvu/508

 91 STAT. 474

PUBLIC LAW 95-87—AUG. 3, 1977

such commencement or threatening suhstantial economic loss to the permittee, or by reason of conditions beyond the control and without the fault or negligence of the permittee: Provided further, That in the case of a coal lease issued under the Federal Mineral Leasing Act, 30 USC 181 note. as amended, extensions of time may not extend beyond the period allowed for diligent development in accor-dance with section 7 of that Act: Provided further, That with respect to coal to be mined for use 30 USC 207. in a synthetic fuel facility or specific major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at such time as the construction of the synthetic fuel or generating facility is initiated. (d)(1) Any valid permit issued pursuant to this Act shall carry Renewal. with it the right of successive renewal upon expiration with respect to areas within the boundaries of the existing permit. The holders of the permit may apply for renewal and such renewal shall be issued (provided that on application for renewal the burden shall be on the oppouents of renewal), subsequent to fulfillment of the public notice requirements of sections 513 and 514 unless it is established that and written findings by the regulatory authority are made that— (A) the terms and conditions of the existing permit are not being satisfactorily met; (B) the present surface coal mining and reclamation operation is not in compliance with the environmental protection standards of this Act and the approved State plan or Federal program pursuant to this Act; or (C) the renewal requested substantially jeopardizes the operator's continuing responsibility on existing permit areas; (D) the operator has not provided evidence that the performance bond in effect foi- said operation will continue in full force and effect for any renewal requested in such application as well as any additional bond the regulatory authority might require pursuant to section 509; or (E) any additional revised or updated information required by the regulatory authority has not been provided. Prior to the approval of any renewal of permit the regulatory authority shall provide notice to the appropriate public authorities. Boundary (2) If an application for renewal of a valid permit includes a proextension. posal to extend the mining operation beyond the boundaries authorized in the existing permit, the portion, of the application for renewal of a valid permit which addresses any new land areas shall be subject to the full standards applicable to new applications under this Act: Provided, however. That if the surface coal mining operations authorized by a permit issued pursuant to this Act were not subject to the standards contained in section 510(b)(5)(A) and (B) by reason of complying with the proviso of section 510(b)(5), then the portion of the application for renewal of the permit which addresses any new land areas previously identified in the reclamation plan submitted pursuant to section 508 shall not be subject to the standards contained in section 510(b)(5)(A) and (B). (3) Any permit renewal shall be for a term not to exceed the period of the original permit established by this Act. Application for permit renewal shall be made at least one hundred and twenty days prior to the expiration of the valid permit. AI'PLICATION REQIIIKEMENTS

Fee 30 USC 1257.

SEC. 507. (a) Each application for a surface coal mining and reclamation permit pursuant to an approved State program or a Federal

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Page:United States Statutes at Large Volume 91.djvu/509

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 475

program under the provisions of this Act shall be accompanied by a fee as determined by the regulatory authority. Such fee may be less than but shall not exceed the actual or anticipated cost of reviewing, administering, and enforcing such permit issued pursuant to a State or Federal program. The regulatory authority may develop procedures so as to enable the cost of the fee to be paid over the term of the permit. (b) The permit application shall be submitted in a manner satis- Contents, factory to the regulatory authority and shall contain, among other things— (1) the names and addresses of (A) the permit applicant; (B) every legal owner of record of the propeit}^ (surface and mineral), to be mined; (C) the holders of record of any leasehold interest in the property; (D) any purchaser of record of the property under a real estate contract; and (E) the operator if he is a person different from the applicant; and (F) if any of these are business entities other than a single proprietor, the names and addresses of the principals, officers, and resident agent; (2) the names and addresses of the owners of record of all surface and subsurface areas adjacent to any part of the permit area; (3) a statement of any current or previous surface coal mining permits in the United States held by the applicant and the permit identification and each pending application; (4) if the applicant is a partnership, corporation, association, or other business entity, the following where applicable: the names and addresses of every officer, partner, director, or person performing a function similar to a director, of the applicant, together with the name and address of any person owning, of record 10 per centum or more of any class of voting stock of the applicant and a list of all names under which the applicant, partner, or principal shareholder previously operated a surface mining operation within the United States within the five-year period preceding the date of submission of the application; (5) a statement of whether the applicant, any subsidiary, affiliate, or persons controlled by or under common control with the applicant, has ever held a Federal or State mining permit which in the five-year period prior to the date of submission of the application has been suspended or revoked or has had a mining bond or similar security deposited in lieu of bond forefeited and, if so, a brief explanation of the facts involved; (6) a copy of the applicant's advertisement to be published in a newspaper of general circulation in the locality of the proposed site at least once a week for four successive weeks, and which includes the ownership, a description of the exact location and boundaries of the proposed site sufficient so that the proposed operation is readily locatable by local residents, and the location of where the application is available for public inspection; (7) a description of the type and method of coal mining operation that exists or is proposed, the engineering techniques proposed or used, and the equipment used or proposed to be used; (8) the anticipated or actual starting and termination dates of each phase of the mining operation and number of acres of land to be affected; (9) the applicant shall file with the regulatory authority on an accurate map or plan, to an appropriate scale, clearly showing the land to be affected as of the date of the application, the area of land within the permit area upon which the applicant has the legal right to enter and commence surface mining operations and shall

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Page:United States Statutes at Large Volume 91.djvu/510

 91 STAT. 476

PUBLIC LAW 95-87—AUG. 3, 1977

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provide to the regulatory authority a statement of those documents upon which the applicant bases his legal right to enter and commence surface mining operations on the area affected, and whether that right is the subject of pending court litigation: Provided, That nothing in this Act shall be construed as vesting in the regulatory authority the jurisdiction to adjudicate property title disputes. (10) the name of the watershed and location of the surface stream or tributary into which surface and pit drainage will be discharged; (11) a determination of the probable hydrologic consequences of the mining and reclamation operations, both on and off the mine site, with respect to the hydrologic regime, quantity and quality of water in surface and ground water systems including the dissolved and suspended solids under seasonal flow conditions and the collection of sufficient data for the mine site and surrounding areas so that an assessment can be made by the regulatory authority of the probable cumulative impacts of all anticipated mining in the area upon the hydrology of the area and particularly upon water availability: Provided, however, That this determination shall not be required until such time as hydrologic information on the general area prior to mining is made available from an appropriate Federal or State agency: Provided further, That the permit shall not be approved until such information is available and is incorporated into the application; (12) when requested by the regulatory authority, the climatological factors that are peculiar to the locality of the land to be affected, including the average seasonal precipitation, the average direction and velocity of prevailing winds, and the seasonal temperature ranges; (13) accurate maps to an appropriate scale clearly showing (A) the land to be affected as of the date of application and (B) all types of information set forth on topographical maps of the United States Geological Survey of a scale of 1: 24,000 or 1: 25,000 or larger, including all manmade features and significant known archeological sites existing on the date of application. Such a map or plan shall among other things specified by the regulatory authority show all boundaries of the land to be affected, the boundary lines and names of present owners of record of all surface areas abutting the permit area, and the location of all buildings within one thousand feet of the permit area; (14) cross-section maps or plans of the land to be affected including the actual area to be mined, prepared by or under the direction of and certified by a qualified registered professional engineer, or professional geologist with assistance from experts in related fields such as land surveying and landscape architecture, showing pertinent elevation and location of test borings or core samplings and depicting the following information: the nature and depth of the various strata of overburden; the location of subsurface water, if encountered, and its quality; the nature and thickness of any coal or rider seam above the coal seam to be mined; the nature of the stratum immediately beneath the coal seam to be mined; all mineral crop lines and the strike and dip of the coal to be mined, within the area of land to be affected; existing or previous surface mining limits; the location and extent of known workings of any underground mines, including mine openings to the surface; the location of aquifers; the estimated elevation of the water table; the location of spoil, waste, or refuse

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Page:Hockey, Canada's Royal Winter Game.djvu/39

 The convincing, the clinching proof of the fascination of the game is this, that even the gentler sex, not satisfied with enjoying it from the stand point of spectators, have graciously added their own, to the many charms that it already boasts, by bravely lining up to meet, in gentle combat, their tender adversaries.

It is surprising how many ladies' teams exist in Canada, and although we do not read of fast, exciting games between these graceful votaries of the sport, it is a slow, small town that can glory in not one such. Thus, hockey players may flatter themselves that their game is honored in a way that no other of the kind may claim.

4. There are, unfortunately, in hockey, as in every other athletic sport, dangers against which a player should protect himself, and although comparatively few and insignificant, they should be mentioned in order that they may be guarded against. Forewarned is forearmed, and an ounce of prevention is worth a pound of cure, so, it is not out of place, in this book, to draw attention to the accidents, serious or otherwise, which occur in this exciting game.


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Page:United States Statutes at Large Volume 91.djvu/511

 PUBLIC LAW 9 5 - 8 7 — A U G. 3, 1977 areas and top-soil preservation areas; the location of all impoundments for waste or erosion control; any settling or water treatment facility; constructed or natural drain ways and the location of any discharges to any surface body of water on the area of land to be affected or adjacent thereto; and profiles at appropriate cross sections of the anticipated final surface configuration that will be achieved pursuant to the operator's proposed reclamation p l a n; (15) a statement of the result of test borings or core samplings from the permit area, including logs of the drill holes; the thickness of the coal seam found, an analysis of the chemical properties of such coal; the sulfur content of any coal seam; chemical analysis of potentially acid or toxic forming sections of the overburd e n; and chemical analysis of the stratum lying immediately underneath the coal to be mined except that the provisions of this paragraph (15) may be waived by the regulatory authority with respect to the specific application by a written determination that such requirements are unnecessary; (16) for those lands in the permit application which a reconnaissance inspection suggests may be prime farm lands, a soil survey shall be made or obtained according to standards established by the Secretary of Agriculture in order to confirm the exact location of such prime farm lands, if any; and (17) information pertaining to coal seams, test borings, core samplings, or soil samples as required by this section shall be made available to any person with an interest which is or may be adversely affected: Provided, That information which pertains only to the analysis of the chemical and physical properties of the coal (excepting information regarding such mineral or elemental content which is potentially toxic in the environment) shall be kept confidential and not made a matter of public record. (c) If the regulatory authority finds that the probable total annual production at all locai:ions of any coal surface mining operator will not exceed 100,000 tons, the determination of probable hydrologic consequences required by subsection (b) (11) and the statement of the result of test borings or core samplings required by subsection (b) (15) of this section shall, upon the written request of the operator be performed by a qualified public or private laboratory designated by the regulatory authority and the cost of the preparation of such determination and statement shall be assumed by the regulatory authority. (d) E a c h applicant for a permit shall be required to submit to the regulatory authority as part of the permit application a reclamation plan which shall meet the requirements of this Act. (e) E a c h applicant for a surface coal mining and reclamation permit shall file a copy of his application for public inspection with the recorder at the courthouse of the county or an appropriate public office approved by the regulatory authority where the mining is proposed to occur, except for that information pertaining to the coal seam itself. (f) Each applicant for a permit shall be required to submit to the regulatory authority as part of the permit application a certificate issued by an insurance company authorized to do business in the United States certifying that the applicant has a public liabilitj^ insurance policy in force for the surface mining and reclamation operations for which such permit is sought, or evidence that the applicant has satisfied other State or Federal self-insurance requirements. Such policy shall provide for personal injury and property

91 STAT. 477

Confidential information.

Reclamation plan, requirement. Public inspection.

Insurance certificate.

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Page:United States Statutes at Large Volume 91.djvu/512

 91 STAT. 478

Blasting plan.

PUBLIC LAW 95-87—AUG. 3, 1977 damage protection in an amount adequate to compensate any persons damaged as a result of surface coal mining and reclamation operations including use of explosives and entitled to compensation under the applicable provisions of State law. Such policy shall be maintained in full force and effect during the terms of the permit or any renewal, including the length of all reclamation operations. (g) Each applicant for a surface coal mining and reclamation permit shall submit to the regulatory authority as part of the permit application a blasting plan which shall outline the procedures and standards by which the operator will meet the provisions of section 615(b)(15). RECLAMATION PLAN REQUIREMENTS

Statement.

30 USC 1258.

Contents.

SEC. 508. (a) Each reclamation plan submitted as part of a permit application pursuant to any approved State program or a Federal program under the provisions of this Act shall include, in the degree of detail necessary to demonstrate that reclamation required by the State or Federal program can be accomplished, a statement of: (1) the identification of the lands subject to surface coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought; (2) the condition of the land to be covered by the permit prior to any mining including: (A) the uses existing at the time of the application, and if the land has a history of previous mining, the uses which preceded any m i n i n g; and (B) the capability of the land prior to any mining to support a variety of uses giving consideration to soil and foundation characteristics, topography, and vegetative cover, and, if applicable, a soil survey prepared pursuant to section 507(b)(16);and (C) the productivity of the land prior to mining, including appropriate classification as prime farm lands, as well as the average yield of food, fiber, forage, or wood products from such lands obtained under high levels of management; (3) the use which is proposed to be made of the land following reclamation, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses and the relationship of such use to existing land use policies and phms, and the comments of any owner of the surface. State and local governments or agencies thereof which would have to initiate, implement, approve or authorize the proposed use of the land following reclamation; (4) a detailed description of how the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use; (5) the engineering techniques proposed to be used in mining and reclamation and a description of the major equipment; a plan for the control of surface water drainage and of water accumulation; a plan, where appropriate, for backfilling, soil stabilization, and compacting, grading, and appropriate re vegetation; a plan for soil reconstruction, replacement, and stabilization, pursuant to the performance standards in section 515(b)(7)(A), (B), (C), and (D), for those food, forage, and forest lands identified in sections 515(b)(7); an estimate of the cost per acre of the reclamation, including a statement as to how the permittee plans to

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Page:United States Statutes at Large Volume 91.djvu/513

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 479

comply with each of the requirements set out in section 515; (6) the consideration which has been given to maximize the utilization and conservation of the solid fuel resource beingrecovered so that reaffecting the land in the future can be minimized; (7) a detailed estimated timetable for the accomplishment of each major step in the reclamation plan; (8) the consideration which has been given to making the surface mining and reclamation operations consistent with surface owner plans, and applicable State and local land use plans and programs; (9) the steps to be taken to comply with applicable air and water quality laws and regulations and any applicable health and safety standards; (10) the consideration which has been given to developing the reclamation plan in a manner consistent with local physical environmental, and climatological conditions; (11) all lands, interests in lands, or options on such interests held by the applicant or pending bids on interests in lands by the applicant, which lands are contiguous to the area to be covered by the permit; (12) the results of test boring which the applicant has made at the area to be covered by the permit, or other equivalent information and data in a form satisfactory to the regulatory authority, including the location of subsurface water, and an analysis of the chemical properties including acid forming properties of the mineral and overburden: Provided, That information which Confidential pertains only to the analysis of the chemical and physical proper- information. ties of the coal (excepting information regarding such mineral or elemental contents which is potentially toxic in the environment) shall be kept confidential and not made a matter of public record; (13) a detailed description of the measures to be taken during the mining and reclamation process to assure the protection of: (A) the quality of surface and ground water systems, both on- and off-site, from adverse effects of the mining and reclamation process; (B) the rights of present users to such water; and (C) the quantity of surface and ground water systems, both on- and off-site, from adverse effects of the mining and reclamation process or to provide alternative sources of water where such protection of quantity cannot be assured; (14) such other requirements as the regulatory authority shall prescribe by regulations. (b) Any information required by this section which is not on public Confidential file pursuant to State law shall be held in confidence by the regulatory information, authority. PERFORMANCE BONDS

SEC. 509. (a) After a surface coal mining and reclamation permit 30 USC 1259. application has been approved but before such a permit is issued, the applicant shall file with the regulatory authority, on a form prescribed and furnished by the regulatory authority, a bond for performance payable, as appropriate, to the United States or to the State, and conditional upon faithful performance of all the requirements of this Act and the permit. The bond shall cover that area of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations within the initial

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Page:United States Statutes at Large Volume 91.djvu/514

 91 STAT. 480

PUBLIC LAW 95-87—AUG. 3, 1977

term of the permit. As succeeding" increments of surface coal mining and reclamation operations are to be initiated and conducted within the permit area, the permittee shall file with the regulatory authority an additional bond or bonds to cover such increments in accordance Amount. with this section. The amount of the bond required for each bonded area shall depend upon the reclamation requirements of the approved permit; shall reflect the probable difficulty of reclamation giving consideration to such factors as topography, geology of the site, hydrology, and revegetation potential, and shall be determined by the regulatory authority. The amount of the bond shall be sufficient to assure the completion of the reclamation plan if the work had to be performed by the regulatory authority in the event of forfeiture and in no case shall the bond for the entire area under one permit be less than $10,000. Liability. (b) Liability imdor the lond shall be for the duration of the surface coal mining and reclamation operation and for a period coincident with operator's responsibility for revegetation requirements in section Execution. 515. The bond shall be executed by the operator and a corporate surety licensed to do business in the State where such operation is located, except that the operator may elect to deposit cash, negotiable bonds of the L^iuted States Government or such State, or negotiable certificates of deposit of any bank organized or transacting business in the United States. The cash deposit or market value of such securities shall be ecpial to or greater than the amount of the bond required for the bonded area. (c) The regulatory authority may accept the bond of the applicant .-,,,',.,, itself without separate surety when the applicant demonstrates to the satisfaction of the regulatory authority the existence of a suitable agent to receive service of process and a history of financial solvency and continuous operation sufficient for authorization to self-insure or bond such amount or in lieu of the establishment of a bonding program, as set forth in this section, the Secretary may approve as part of a State or Federal program an alternative system that will achieve the objectives and purposes of the bonding program pursuant to this section. Cash or (d) Cash or securities so deposited shall be deposited upon the same securities. terms as the terms upon which surety bonds may be deposited. Such securities shall be security for the repayment of such negotiable certificate of deposit. Bond adjustment. (e) The amount of the bond or deposit required and the terms of each acceptance of the applicant's bond shall be adjusted by the regulatory authority from time to time as affected land acreages are increased or decreased or where the cost of future reclamation changes. PERMIT APPROVAL OR DENIAL Notice and hearing.

30 USC 1260.

SEC. 510. (a) Upon the basis of a complete mining application and reclamation plan or a revision or renewal thereof, as required by this Act and pursuant to an approved State program or Federal program under the provisions of this Act, including public notification and an opportunity for a public hearing as required by section 513, the regulatory authority shall grant, require modification of, or deny the application for a permit in a reasonable time set by the regulatory authority and notify the applicant in writing. The applicant for a permit, or revision of a permit, shall have the burden of establishing that his application is in compliance with all the requirements of the applicable State or Federal program. Within ten days after the granting of a permit, the regulatory authority shall notify the local govern-

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Page:United States Statutes at Large Volume 91.djvu/515

 PUBLIC LAW 95-87—AUG. 3, 1977 mental officials in the local political subdivision in which the area of land to be affected is located that a permit has been issued and shall describe the location of the land. (b) No permit or revision application shall be approved unless the application affirmatively demonstrates and the regulatory authority finds in writing on the basis of the information set forth in the application or from information otherwise available which will be documented in the approval, and made available to the applicant, that— (1) the permit application is accurate and complete and that all the requirements of this Act and the State or Federal program have been complied with; (2) the applicant has demonstrated that reclamation as required by this Act and the State or Federal program can be accomplished under the reclamation plan contained in the permit application; (3) the assessment of the probable cumulative impact of all anticipated mining in the area on the hydrologic balance specified in section 507(b) has been made by the regulatory authority and the proposed operation thereof has been designed to prevent material damage to hydrologic balance outside permit area; (4) the area proposed to be mined is not included within an area designated unsuitable for surface coal mining pursuant to section 522 of this Act or is not within an area under study for such designation in an administrative proceeding commenced pursuant to section 522(a)(4)(D) or section 522(c) (unless in such an area as to which an administrative proceeding has commenced pursuant to section 522(a)(4)(D) of this Act, the operator making the permit application demonstrates that, prior to January 1, 1977, he has made substantial legal and financial commitments in relation to the operation for which he is applying for a permit); (5) the proposed surface coal mining operation, if located west of the one hundredth meridian west longitude, would— (A) not interrupt, discontinue, or preclude farming on alluvial valley floors that are irrigated or naturally vSubirrigated. but, excluding undeveloped range lands which are not significant to farming on said alluvial valley floors and those lands as to which the regulatory authority finds that if the farming that will be interrupted, discontinued, or precluded is of such small acreage as to be of negligible impact on the farm's agricultural production, or (B) not materially damage the quantity or quality of water in surface or underground water systems that supply these valley floors in (A) of subsection (b)(5),: Provided, That this paragraph (5) shall not affect those surface coal mining operaticms which in the year preceding the enactment of this Act (I) produced coal in commercial quantities, and were located within or adjacent to alluvial valley floors or (II) had obtained specific permit approval by the State regulatory authority to conduct surface coal mining operations within said alluvial valley floors. With respect to such surface mining operations which would have been within the purview of the foregoing proviso but for the fact that no coal was so produced in commercial quantities and no such specific permit aoDroval was so received, the Secretary, if he determines that substantial financial and legal commitments were made by an operator prior to January 1, 1977, in connection with any such operation, is

91 STAT. 481

Requirements, •:;

•

Post, p. 507.

Coal exchange programs,

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Page:United States Statutes at Large Volume 91.djvu/516

 91 STAT. 482

43 USC 1716.

Notices of violations. Rules and regulations.

Penalty.

Prime farmland mining, permit.

PUBLIC LAW 95-87—AUG. 3, 1977 authorized, in accordance with such regulations as the Secretary may prescribe, to enter into an agreement with that operator pursuant to which the Secretary may, notwithstanding any other provision of law, lease other Federal coal deposits to such operator in exchange for the relinquishment by such operator of his Federal lease covering coal deposits involving such mining operations, or pursuant to section 206 of Federal Land Policy and Management Act of 1976, convey to the fee holder of any such coal deposits involving such mining operations the fee title to other available Federal coal deposits in exchange for the fee title to such deposits so involving such mining operations. It is the policy of the Congress that the Secretary shall develop and carry out a coal exchange program to acquire private fee coal precluded from being mined by the restrictions of this paragraph (5) in exchange for Federal coal which is not so precluded. Such exchanges shall be made under section 206 of the Federal Land Policy and Management Act of 1976; (6) in cases where the private mineral estate has been severed from the private surface estate, the applicant has submitted to the regulatory authority— (A) the written consent of the surface owner to the extraction of coal by surface mining methods; or (B) a conveyance that expressly grants or reserves the right to extract the coal by surface mining methods; or (C) if the conveyance does not expressly grant the right to extract coal by surface mining methods, the surface-subsurface legal relationship shall be determined in accordance with State law: Provided, That nothing in this Act shall be construed to authorize the regulatory authority to adjudicate property rights disputes. (c) The applicant shall file with his permit application a schedule listing any and all notices of violations of this Act and any law, rule, or regulation of the United States, or of any department or agency in the United States pertaining to air or water environmental protection incurred by the applicant in connection with any surface coal mining operation during the three-year period prior to the date of application. The schedule shall also indicate the final resolution of any such notice of violation. Where the schedule or other information available to the regulatory authority indicates that any surface coal mining operation owned or controlled by the applicant is currently in violation of this Act or such other laws referred to this subsection, the permit shall not be issued until the applicant submits proof that such violation has been corrected or is in the process of being corrected to the satisfaction of the regulatory authority, department, or agency which has jurisdiction over such violation and no permit shall be issued to an applicant after a finding by the regulatory authority, after opportunity for hearing, that the applicant, or the operator specified in the application, controls or has controlled mining operations with a demonstrated pattern of willful violations of this Act of such nature and duration with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of this Act. (d)(1) In addition to finding the application in compliance with subsection (b) of this Section, if the area proposed to be mined contains prime farmland pursuant to Section 507(b) (16), the regulatory authority shall, after consultation with the Secretary of Agriculture, and pursuant to regulations issued hereunder by the Secretary of Interior with the concurrence of the Secretary of Agriculture, grant a

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Page:United States Statutes at Large Volume 91.djvu/517

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 483

permit to iiiiiie on prime farmland if the regulatory authority finds in writing that the operator has the technological capability to restore such mined area, within a reasonable time, to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under e(iuivalent levels of management and can meet the soil reconstruction standards in Section 515(b)(7). P^xcept for compliance with subsection (b), the requirements of this paragraph (1) shall apply to all permits issued after the date of enactment of this Act. (2) Nothing in this subsection shall apply to any permit issued prior to the date of enactment of this Act, or to any revisions or renewals thereof, or to any existing surface mining operations for which a permit was issued prior to the date of enactment of this Act. REVISION OF PERMITS

SEC. 511. (a)(1) During the term of the permit the permittee may 30 USC 1261. submit an application for a revision of the permit, together with a revised reclamation plan, to the regulatory authority. (2) An application for a revision of a permit shall not be approved unless the regulatory authority finds that reclamation as required by this Act and t:he State or Federal program can be accomplished under the revised reclamation plan. The revision shall be approved or disapprov^ed within a period of time established by the State or Federal program. The regulatory authority shall establish guidelines for a Guidelines. determination of the scale or extent of a revision request for which all Notice and permit application information requirements and procedures, includ- hearing. ing notice and hearings, shall apply: Provided, That any revisions which propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements. (3) Any extensions to the area covered by the permit except incidental boundary revisions must be made by application for another permit. (b) No transfer, assignment, or sale of the rights granted under any permit issued pursuant to this Act shall be made without the written approval of the regulatory authority. (c) The regulatory authority shall within a time limit prescribed in regulations promulgated by the regulatory authority, review outstanding permits and may require reasonable revision or modification of the permit provisions during the term of such permit: Provided, That such revision or modification shall be based upon a written finding and subject to notice and hearing requirements established by the State or Federal program. COAL EXPLORATION PERMITS

SEC. 512. (a) Each State or Federal program shall include a require- Regulations. ment that coal exploration operations which substantially disturb the 30 USC 1262. natural land surface be conducted in accordance with exploration regulations issued by the regulatory authority. Such regulations shall Gontents. include, at a minimum (1) the requirement that prior to conducting any exploration under this section, any person must file with the regulatory authority notice of intention to explore and such notice shall include a description of the exploration area and the period of supposed exploration and (2) provisions for reclamation in accordance with the performance standards in section 515 of this Act of all lands disturbed in exploration, including excavations, roads, drill holes, and the removal of necessary facilities and equipment.

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Page:United States Statutes at Large Volume 91.djvu/518

 91 STAT. 484 Confidential information.

PUBLIC LAW 95-87—AUG. 3, 1977 (b) Iiifoiiuation submitted to the regulatory authority jiuisuant to this subsBction as confidential concerning trade secrets or privileged commercial or financial information which relates to the competitive rights of the person or entity intended to explore the described area shall not be available for public examination. (c) Any person who conducts any coal expk)ration activities which substantially disturb the natural land surface in violation of this section or regulations issued pursuant thereto shall be subject to the provisions of section 518. (d) Xo operator shall remove more than two hundred and fifty tons of coal pursuant to an exploration permit without the specific written approval of the regulatory authority. (e) Coal exploration on Federal lands shall be governed by section 4 of the Federal Coal Leasing Amendments Act of 1975 (90 Stat. 1085). PUBLIC NOTICE AND PUBLIC HEARINGS

30 USC 1263.

Sec. 513. (a) At the time of submission of an application for a surface coal mining and reclamation permit, or revision of an existing permit, pursuant to the provisions of this Act or an approved State program, the applicant shall submit to the regulatory authority a copy of his advertisement of the ownership, precise location, and boundaries of the land to be affected. A t the time of submission such advertisement shall be placed by the applicant in a local newspaper of general circulation in the locality of the proposed surface mine at least once a week for four consecutive weeks. The regulatory authority shall notify various local governmental bodies, planning agencies, and sewage and water treatment authorities, of water companies in the locality in which the proposed surface mining will take place, notifying them of the operator's intention to surface mine a particularly described tract of land and indicating the application's permit number and where a copy of the proposed mining and reclamation plan may be inspected. These local bodies, agencies, authorities, or companies may submit written comments within a reasonable period established by the regulatory authority on the mining applications with respect to the effect of the proposed operation on the environment which are within their area of responsibility. Such comments shall immediately be transmitted to the applicant by the regulatory authority and shall be made available to the public at the same locations as are the mining applications.

Permit application, objections.

(b) Any person having an interest which is or may be adversely affected or the officer or head of any Federal, State, or local governmental agency or authority shall have the right to file written objections to the proposed initial or revised application for a permit for surface coal mining and reclamation operation with the regulatory authority within t h i r t y days after the last publication of the above notice. Such objections shall immediately be transmitted to the applicant by the regulatory authority and shall be made available to the public. If written objections are filed and an informal conference requested, the regulatory authority shall then hold an informal conference in the locality of the proposed mining, if requested within a reasonable time of the receipt of such objections or request. The date, time and location of such informal conference shall be advertised by the regulatory authority in a newspaper of general circulation in the locality at least two wrecks prior to the scheduled conference date. The regulatory authority may arrange with the applicant upon request by any party to the administrative proceeding access to the proposed min-

Informal conference.

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Page:United States Statutes at Large Volume 91.djvu/519

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 485

ing area for the purpose of gathering information relevant to the proceeding. An electronic or stenographic record shall be made of the Records, conference proceeding, unless waived by all parties. Such record shall be maintained and shall be accessible to the parties until final release of the applicant's performance bond. In the event all parties requesting the informal conference stipulate agreement prior to the requested informal conference and withdraw their request, such informal conference need not be held. (c) Where the lands included in an application for a permit are the subject of a Federal coal lease in connection with which hearings were held and determinations were made under sections 2(a)(3)(A), (B) and (C) of the Mineral Lands Leasing Act, as amended (30 U.S.C. 201a)(3)(A), (B) and (C), such hearings shall be deemed as to the 30 USC 201. matters covered to satisfy the requirements of this section and section 514 and such determinations shall be deemed to be a pail of the record and conclusive for purposes of sections 510, 514 and this section. DECISIONS o r REGULATORY AUTHORITY AXD APPEALS

SEC. 514. (a) If an informal conference has been held pursuant to section 513(b), the regulatory authority shall issue and furnish the applicant for a permit and persons who are parties to the administrative proceedings with the written finding of the regulatory authority, granting or denying the permit in whole or in part and stating the reasons therefor, within the sixty days of said hearings. (b) If there has been no informal conference held pursuant to section 513(b), the regulatory authority shall notify the applicant for a permit within a reasonable time as determined by the regulatory authority and set forth in regulations, taking into account the time needed for proper investigation of the site, the complexity of the permit application, and whether or not written objection to the application 1 as been filed, whether the application has been approved or disapproved in whole or part. (c) If the application is approved, the permit shall be issued. If the application is disapproved, specific reasons therefor must be set forth in the notification. Within thirty days after the applicant is notified of the final decision of the regulatory authority on the permit application, the applicant or any person with an interest which is or may be adversely affected may request a hearing on the reasons for the final determination. The regulatory authority shall hold a hearing within thirty days of such request and provide notification to all interested parties at the time that the applicant is so notified. If the Secretary is the regulatory authority the hearing shall be of record and governed by 5 U.S.C. Section 554. W^here the regulatory authority is the State, such hearing shall be of record, adjudicatory in nature and no person who presided at a conference under section 513(b) shall either preside at the hearing or participate in this decision thereon or in any administrative appeal therefrom. Within thirty days after the hearing the regulatory authority shall issue and furnish the applicant, and all persons who participated in the hearing, with the written decision of the regulatory authority granting or denying the permit in whole or in part and stating the reasons therefor. (d) Where a hearing is requested pursuant to subsection (c), the Secretary, where the Secretary is the regulatory authority, or the State hearing authority may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceedings if—

30 USC 1264. i,

•

•

' '•

Notice and hearing.

" ^ 7^.-. ",-, Temporary relief.

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Page:United States Statutes at Large Volume 91.djvu/520

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 486 Notice and hearing. .. 4i

' Post, p. 512.

'

(1) all parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief; (2) the person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and (3) such relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources. (e) For the purpose of such hearing, the regulatory authority may administer oaths, subpoena witnesses, or written or printed materials, compel attendance of the witnesses, or production of the materials, and take evidence including but not limited to site inspections of the land to be affected and other surface coal mining operations carried on by the applicant in the general vicinity of the proposed operation. A verbatim record of each public hearing required by this Act shall be made, and a transcript made available on the motion of any party or by order of the regulatory authority. (f) Any applicant or any person with an interest which is or may be adversely affected who has participated in the administrative proceedings as an objector, and who is aggrieved by the decision of the regulatory authority, or if the regulatory authority fails to act within the time limits specified in this Act shall have the right to appeal in accordance with section 526. ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS

30 USC 1265.

General standards. Fuel, maximum use.

Land use, restoration.

Original land contour, restoration.

SEC. 515. (a) Any permit issued under any approved State or Federal program pursuant to this Act to conduct surface coal mining operations shall require that such surface coal mining operations will meet all applicable performance standards of this Act, and such other requirements as the regulatory authority shall promulgate. (b) General performance standards shall be applicable to all surface coal mining and reclamation operations and shall require the operation as a minimum to— (1) conduct surface coal mining operations so as to maximize the utilization and conservation of the solid fuel resource being recovered so that reaffecting the land in the future through surface coal mining can be minimized; (2) restore the land affected to a condition capable of supporting the uses which it was capable of supporting prior to any mining, or higher or better uses of which there is reasonable likelihood, so long as such use or uses do not present any actual or probable hazard to public health or safety or pose any actual or probable threat of water diminution or pollution, and the permit applicants' declared proposed land use following reclamation is not deemed to be impractical or unreasonable, inconsistent with applicable land use policies and plans, involves unreasonable delay in implementation, or is violative of Federal, State, or local law; (3) except as provided in subsection (c) with respect to all surface coal mining operations backfill, compact (where advisable to insure stability or to prevent leaching of toxic materials), and grade in order to restore the approximate original contour of the land with all highwalls, spoil piles, and depressions eliminated (unless small depressions are needed in order to retain moisture to assist revegetation or as otherwise authorized pursuant to this Act): Provided, however, That in surface coal mining which is carried out at the same location over a substantial period of time where the operation transects the coal deposit, and the thickness

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Page:United States Statutes at Large Volume 91.djvu/521

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 487

of the coal deposits relative to the volume of the overburden is large and where the operator demonstrates that the overburden and other spoil and waste materials at a particular point in the permit area or otherwise available from the entire permit area is insufficient, giving due consideration to volumetric expansion, to restore the approximate original contour, the operator, at a minimum, shall backfill, grade, and compact (where advisable) using all available overburden and other spoil and waste materials to attain the lowest practicable grade but not more than the angle of repose, to provide adequate drainage and to cover all acidforming and other toxic materials, in order to achieve an ecologically sound land use compatible with the surrounding region: Aind provided further, That in surface coal mining where the volume of overburden is large relative to the thickness of the coal deposit and where the operator demonstrates that due to volumetric expansion the amount of overburden and other spoil and waste materials removed in the course of the mining operation is more than sufficient to restore the approximate original contour, the operator shall after restoring the approximate contour, backfill, grade, and compact (where advisable) the excess overburden and other spoil and waste materials to attain the lowest grade but not more than the angle of repose, and to cover all acid-forming and other toxic materials, in order to achieve an ecologically sound land use compatible with the surrounding region and that such overburden or spoil shall be shaped and graded in such a way as to prevent slides, erosion, and water pollution and is re vegetated in accordance with the requirements of this Act; (4) stabilize and protect all surface areas including spoil piles Surface areas, affected by the surface coal mining and reclamation operation to stabilization. effectively control erosion and attendant air and water pollution; (5) remove the topsoil from the land in a separate layer, replace Topsoil. it on the backfill area, or if not utilized immediately, segregate it in a separate pile from other spoil and when the topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, maintain a successful cover by quick growing plant or other means thereafter so that the topsoil is preserved from wind and water erosion, remains free of any contamination by other acid or toxic material, and is in a usable condition for sustaining vegetation when restored during reclamation, except if topsoil is of insufficient quantity or of poor quality for sustaining vegetation, or if other strata can be shown to be more suitable for vegetation requirements, then the operator shall remove, segregate, and preserve in a like manner such other strata which is best able to support vegetation; (6) restore the topsoil or the best available subsoil which is best able to support vegetation; (7) for all prime farm lands as identified in section 507(b) (16) Prime farm lands, to be mined and reclaimed, specifications for soil removal, storage, replacement, and reconstruction shall be established by the Secretary of Agriculture, and the operator shall, as a minimum, be required to— (A) segregate the A horizon of the natural soil, except where it can be shown that other available soil materials will create a final soil having a greater productive capacity; and if not utilized immediately, stockpile this material separately from other spoil, and provide needed protection from wind and water erosion or contamination by other acid or toxic material;

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Page:United States Statutes at Large Volume 91.djvu/522

 91 STAT. 488

Water impoundments.

Augering operations.

Hydrologic balance.

PUBLIC LAW 95-87—AUG. 3, 1977 (B) segregate the B horizon of the natural soil, or under^^ lying C horizons or other strata, or a combination of such horizons or other strata that are shown to be both texturally and chemically suitable for plant growth and that can be ' • shown to be equally or more favorable for plant growth than • •' the B horizon, in sufficient quantities to create in the regraded final soil a root zone of comparable depth and quality to that which existed in the natural soil; and if not utilized immediately, stockpile this material separately from other spoil, and provide needed protection from wind and water erosion or contamination by other acid or toxic material; (C) replace and regrade the root zone material described in • (B) above with proper compaction and uniform depth over • the regraded spoil material; and (D) redistribute and grade in a uniform manner the surface soil horizon described in subparagraph (A); (8) create, if authorized in the approved mining and reclamation plan and permit, permanent impoundments of water on mining sites as part of reclamation activities only when it is adequately demonstrated that— (A) the size of the impoundment is adequate for its intended purposes; (B) the impoundment dam construction will be so designed < as to achieve necessary stability with an adequate margin of ' safety compatible with that of structures constructed under Public Law 83-566 (16 U.S.C. 1006); (C) the quality of impounded water will be suitable on a permanent basis for its intended use and that discharoes from the impoundment will not degrade the water quality below water quality standards established pursuant to applicable Federal and State law in the receiving stream; (D) the level of water will be reasonably stable; "; (E) final grading will provide adequate safety and access >-'•'• for proposed water users; and (F) such water impoundments will not result in the dimir < nution of the quality or quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial recreational, or domestic uses; (9) conducting any augering operation associated with surface mining in a manner to maximize recoverability of mineral reserves remaining after the operation and reclamation are complete; and seal all auger holes with an impervious and noncombustible material in order to prevent drainage except where the regulatory authority determines that the resulting impoundment of water in such auger holes may create a hazard to the environment or the public health or safety: Provided, That the permitting authority may prohibit augering if necessary to maximize the utilization, recoverability or conservation of the solid fuel resources or to protect against adverse water quality impacts; (10) minimize the disturbances to the prevailing hydrologic balance at the mine-site and in associated offsite areas and to the quality and quantity of water in surface and ground water systems both during and after surface coal mining operations and during reclamation by— (A) avoiding acid or other toxic mine drainage by such measures as, but not limited to—
 * t

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Page:United States Statutes at Large Volume 91.djvu/523

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 4S9

(i) preventing or removing water from contact with toxic producing deposits; (ii) treating drainage to reduce toxic content which adversely affects downstream water upon being released to water courses; (iii) casing, sealing, or otherwise managing boreholes, -t shafts, and wells and keep acid or other toxic drainage from entering ground and surface waters; (B)(i) conducting surface coal mining operations so as to prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area, but in no event shall contributions be in excess of requirements set by applicable State or Federal law; (ii) constructing any siltation structures pursuant to subparagraph (B)(i) of this subsection prior to commencement of surface coal mining operations, such structures to be certified by a qualified registered engineer to be constructed as designed and as approved in the reclamation plan; (C) cleaning out and removing temporary or large settling ponds or other siltation structures from drainways after disturbed areas are revegetated and stabilized; and depositing the silt and debris at a site and in a manner approved by the regulatory authority; (D) restoring recharge capacity of the mined area to approximate premining conditions; (E) avoiding channel deepening or enlargement in operations requiring the discharge of water from mines; (F) preserving throughout the mining and reclamation process the essential hydrologic functions of alluvial valley floors in the arid and semiarid areas of the country; and (G) such other actions as the regulatory authority may prescribe; ( i l) with respect to surface disposal of mine wastes, tailings. Waste disposal, coal processing wastes, and other wastes in areas other than the mine working or excavations, stabilize all waste piles in designated areas through construction in compacted layers including the use of incombustible and impervious materials if necessary and assure the final contour of the waste pile will be compatible with natural surroundings and that the site can and will Ibe stabilized and revegetated according to the provisions of this Act; (12) refrain from surface coal mining within five hundred Underground feet from active and abandoned underground mines in order to mines. prevent breakthroughs and to protect health or safety of miners: Provided, That the regulatory authority shall permit an operator to mine near, through or partially through an abandoned underground mine or closer to an active underground mine if (A) the nature, timing, and sequencing of the approximate coincidence of specific surface mine activities with specific underground mine activities are jointly approved by the regulatory authorities concerned with surface mine regulation and the health and safety of underground miners, and (B) such operations will result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public; (13) design, locate, construct, operate, maintain, enlarge, mod- Coal mine waste ify, and remove or abandon, in accordance with the standards pi'es-

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Page:United States Statutes at Large Volume 91.djvu/524

 91 STAT. 490

Fire hazards.

Explosives.

Notice and publication of blasting schedule.

W-

Pre-blasting survey.

Combined surface and underground mining, requirement variance.

PUBLIC LAW 95-87—AUG. 3, 1977 and criteria developed pursuant to subsection (f) of this section, all existing and new coal mine waste piles consisting of mine wastes, tailings, coal processing wastes, or other liquid and solid wastes, and used either temporarily or permanently as dams or embankments; (14) insure that all debris, acid-forming materials, toxic materials, or materials constituting a fire hazard are treated or buried and compacted or otherwise disposed of in a manner designed to prevent contamination of ground or surface waters and that contingency plans are developed to prevent sustained combustion; (15) insure that explosives are used only in accordance with existing State and Federal law and the regulations promulgated by the regulatory authority, which shall include provisions to— (A) provide adequate advance written notice to local governments and residents who might be affected by the use of such explosives by publication of the planned blasting schedule in a newspaper of general circulation in the locality and by mailing a copy of the proposed blasting schedule to every resident living within one-half mile of the proposed blasting site and by providing daily notice to resident/occupiers in such areas prior to any blasting; (B) maintain for a period of at least three years and make available for public inspection upon request a log detailing the location of the blasts, the pattern and depth of the drill holes, the amount of explosives used per hole, and the order and length of delay in the blasts; (C) limit the type of explosives and detonating equipment, the size, the timing and frequency of blasts based upon the physical conditions of the site so as to prevent (i) injury to persons, (ii) damage to public and private property outside the permit area, (iii) adverse impacts on any underground mine, and (iv) change in the course, channel, or availability of ground or surface water outside the permit area; (D) require that all blasting operations be conducted by trained and competent persons as certified by the regulatory authority; (E) provide that upon the request of a resident or owner of a man-made dwelling or structure within one-half mile of any portion of the permitted area the applicant or permittee shall conduct a pre-blasting survey of such structures and submit the survey to the regulatory authority and a copy to the resident or owner making the request. The area of the survey shall be decided by the regulatory authority and shall include such provisions as the Secretary shall promulgate. (16) insure that all reclamation efforts proceed in an environmentally sound manner and as contemporaneously as practicable with the surface coal mining operations: Provided, however. That where the applicant proposes to combine surface mining operations with underground mining operations to assure maximum practical recovery of the mineral resources, the regulatory authority may grant a variance for specific areas within the reclamation plan from the requirement that reclamation efforts proceed as contemporaneously as practicable to permit underground mining operations prior to reclamation: (A) if the regulatory authority finds in writing that: (i) the applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining operations;

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Page:United States Statutes at Large Volume 91.djvu/525

 PUBLIC LAW 95-87—AUG. 3, 1977 (ii) the proposed underground mining operations are necessary or desirable to assure maximum practical recovery of the mineral resource and will avoid multiple disturbance of the surf ace; (iii) the applicant has satisfactorily demonstrated that the plan for the undergromid mining operations conforms to requirements for underground mining in the jurisdiction and that permits necessary for the underground mining operations have been issued by the appropriate authority; (iv) the areas proposed for the variance have been shown by the applicant to be necessary for the implementing of the proposed underground mining operations; (v) no substantial adverse environmental damage, either on-site or off-site, will result from the delay in completion of reclamation as required by this Act; (vi) provisions for. the otf-site storage of spoil will comply with section 515(b) ('22); (B) if the Secretary has promulgated specific regulations to govern the granting of such variances in accordance with the provisions of this subsection and section 501, and has imposed such additional requirements as he deems necessary; (C) if variances granted under the provisions of this subsection are to be reviewed by the regulatory authority not more than three years from the date of issuance of the permit; and (D) if liability under the bond filed by the applicant with the regulatory authority pursuant to section 509(b) shall be for the duration of the underground mining operations and until the requirements of sections 515(b) and 519 have been fully complied with. (17) insure that the construction, maintenance, and postmining conditions of access roads into and across the site of operations will control or prevent erosion and siltation, pollution of water, damage to fish or wildlife or their habitat, or public or private property; (18) refrain from the construction of roads or other access ways up a stream bed or drainage channel or in such proximity to such channel so as to seriously alter the normal flow of water; (19) establish on the regraded areas, and all other lands affected, a diverse, effective, and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area; except, that introduced species may be used in the revegetation process where desirable and necessary to achieve the approved postmining land use plan; (20) assiune the responsibility for successful revegetation, as required by paragraph (19) above, for a period of five full years after the last year of augmented seeding, fertilizing, irrigation, or other work in order to assure compliance with paragraph (19) above, except in those areas or regions of the country where the annual average precipitation is twenty-six inches or less, then the operator's assumption of responsibility and liability will extend for a period of ten full years after the last year of augmented seeding, fertilizing, irrigation, or other work: Provided, That when the regulatory authority approves a long-term intensive agricultural postmining land lise, the applicable five- or ten-year

91 STAT. 491

Regulations, ^"'«' P- 467.

^

Access roads,

Revegetation.

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Page:United States Statutes at Large Volume 91.djvu/526

 91 STAT. 492

Offsite area protection.

Spoil disposal.

Slide or erosion barriers.

PUBLIC LAW 95-87—AUG. 3, 1977 period of responsibility for revegetation shall commence at the date of initial planting for such long-term intensive agricultural postmining land use: Provided further, That when the regulatoryauthority issues a written finding approving a long-term, intensive, agricultural postmining land use as part of the mining and reclamation plan, the authority may grant exception to the provisions of paragraph (19) above; (21) protect offsite areas from slides or damage occurring during the surface coal mining and reclamation operations, and not deposit spoil material or locate any part of the operations or waste accumulations outside the permit area; (22) place all excess spoil material resulting from coal surface mining and reclamation activities in such a manner that— (A) spoil is transported and placed in a controlled manner in position for concurrent compaction and in such a way to assure mass stability and to prevent mass movement; (B) the areas of disposal are within the bonded permit areas and all organic matter shall be removed immediately prior to spoil placement; (C) appropriate surface and internal drainage systems and diversion ditches are used so as to prevent spoil erosion and movement; (D) the disposal area does not contain springs, natural water courses or wet weather seeps unless lateral drains are constructed from the wet areas to the main underdrains in such a manner that filtration of the water into the spoil pile will be prevented; (E) if placed on a slope, the spoil is placed upon the most moderate slope among those upon which, in the judgment of the regulatory authority, the spoil could be placed in compliance with all the requirements of this Act, 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; (F) where the toe of the spoil rests on a downslope, a rock toe buttress, of sufficient size to prevent mass movement, is constructed; (G) the final configuration is compatible with the natural drainage pattern and surroundings and suitable for intended uses; (H) design of the spoil disposal area is certified by a qualified registered professional engineer in conformance with professional standards; and (I) all other provisions of this Act are met. (23) meet such other criteria as are necessary to achieve reclamation in accordance with the purposes of this Act, taking into consideration the physical, climatological, and other characteristics of the site; and (24) to the extent possible using the best technology currently available, minimize disturbances and adverse impacts of the operation on fish, wildlife, and related environmental values, and achieve enhancement of such resources where practicable; (25) provide for an undisturbed natural barrier beginning at the elevation of the lowest coal seam to be mined and extending from the outslope for such distance as the regulatory authority shall determine shall be retained in place as a barrier to slides and erosion.

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Page:United States Statutes at Large Volume 91.djvu/527

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 493

t (c)(1) Kiich State program may and each Federal program shall Restoration of include procedures pursuant to which the regulatory authority may original contour, permit surface mining operations for the purposes set forth in para- exceptions. graph (3) of this subsection. (2) Wiiere an applicant meets the recpiirements of paragraphs (3) and (4) of this subsection a permit without regard to the recpiiremeut to restore to approximate original contour set forth in subsecti(m .^^^(l)) (3) or r)ir)(d)(2) and (3) of this section may be granted for the surface mining of coal where the mining operation will remove an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill (except as provided in subsection (c)(4)(A) . " hereof) by removing all of the overburden and creating a level plateau or a gently rolling contour with no highwalls renuiining, and capable o f supporting postuiining uses in accord with the requirements of this subsection. _ _ « F = ro. • > ('3) In cases where an industrial, commercial, agricultural, residential or public facility (including recreational facilities) use is proposed or the postmlning use o l the affected land, the regulatory authority may g r a n t a peiMiiit for a surface mining operation of the nature described in subsection (c)(2) where— (A) after consultation with the appropriate land use planning agencies, if any, the proposed postmining land use is deenjed to constitute an e(|ual or better economic or public use of the affected land, as compared with premining use; (B) the applicant presents specitic plans for the proposed postmining laiul use and appropriate assurances that such use will be— (i) compatible with adjacent land uses; (ii) obtainable according to data regarding expected need and market; (iii) assured of investment in necessary public facilities; (iv) supported by commitments from public agencies where a p p r o p r i a t e; (v) practicable with respect to private financial capability for completion of the proposed use; (vi) planned pursuant to a schedule attached to the reclamation plan so as to integrate the mining operation and reclamation with the postmining land use; and •' (vii) designed by a registered engineer in conformance with professional standards established to assure the sta.' ' bility, drainage, and configuration necessary for the intended J, use of the site; (C) the proposed use would be consistent with adjacent land uses, and existing State and local land use plans and program s; (D) the regulatory authority provides the governing body of the unit of general-purpose government in which the land is ' ' located and any State or Federal agency which the regulatory agency, in its discretion, determines to have an interest in the proposed use, an opportunity of not more than sixty days to review and conmient on the proposed use; (E) all other requirements of this Act will be met. (4) I n g r a n t i n g any permit pursuant to this subsection the regulatory authority shall require that— (A) the toe of the lowest coal seam and the overburden associated with it are retained in place as a barrier to slides and erosion; (B) the reclaimed area is stable;

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Page:United States Statutes at Large Volume 91.djvu/528

 91 STAT. 494

Regulations.

Permit review.

Steep-slope surface coal mining.

'Steep slope."

Original contour restoration, requirements variances.

PUBLIC LAW 95-87—AUG. 3, 1977 (C) the resulting plateau or rolling contour drains inward from the outslopcs except at specified points; (D) no damage will be done to natural watercourses; (E) spoil will be placed on the mountaintop bench as is necessary to achiev^e the planned postmining land use: Provided, That all excess spoil material not retained on the mountaintop shall be placed in accordance with the provisions of subsection (b) (22) of this section; (F) insure stability of the spoil retained on the mountaintop and meet the other requirements of this Act; (5) The regulatory authority shall promulgate specific regulations to govern the granting of permits in accord with the provisions of this subsection, and may impose such additional requirements as he deems to be necessary. (6) All permits granted under the provisions of this subsection shall be reviewed not more than three years from the date of issuance of the permit, unless the applicant affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the approved schedule and reclamation plan. (d) The following performance standards shall be applicable to steep-slope surface coal mining and shall be in addition to those general performance standards required by this section: Provided, however, That the provisions of this subsection (d) shall not apply to those situations in which an operator is mining on flat or gently rolling terrain, on which an occasional steep slope is encountered through which the mining operation is to proceed, leaving a plain or predominantly flat area or where an operator is in compliance with provisions of subsection (c) hereof: (1) Insure that when performing surface coal mining on steep slopes, no debris, abandoned or disabled equipment, spoil material, or waste mineral matter be placed on the downslope below the bench or mining cut: Provided, That spoil material in excess of that required for the reconstruction of the approximate original contour under the provisions of paragraph 515 (b)(3) or 515(d)(2) shall be permanently stored pursuant to section 515(b) (22). (2) Complete backfilling with spoil material shall be required to cover completely the highwall and return the site to the appropriate original contour, which material will maintain stability following mining and reclamation. (3) The operator may not disturb land above the top of the highwall unless the regulatory authority finds that such disturbance will facilitate compliance with the environmental protection standards of this section: Provided, however, That the land disturbed above the highwall shall be limited to that amount necessary to facilitate said compliance. (4) For the purposes of this subsection (d), the term "steep slope" is any slope above twenty degrees or such lesser slope'as may be defined by the regulatory authority^ after consideration of soil, climate, and other characteristics of a region or State. (e)(1) Each State program may and each Federal program shall include procedures pursuant to which the regulatory authority may permit variances for the purposes set forth in paragraph (3) of this subsection, provided that the watershed control of the area is improved; and further provided complete backfilling with spoil material shall be required to cover completely the highwall which material will maintain stability following mining and reclamation.

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Page:United States Statutes at Large Volume 91.djvu/529

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 495

(2) Where an applicant meets the requirements of paragraphs (3) and (4) of this subsection a variance from the requirement to restore to approximate original contour set forth in subsection 515(d)(2) of this section may be granted for the surface mining of coal where the owner of the surface knowingly requests in writing, as a part of the permit application that such a variance be granted so as to render the land, after reclamation, suitable for an industrial, commercial, residential, or public use (including recreational facilities) in accord with the further provisions of (3) and (4) of this subsection. (3)(A) After consultation with the appropriate land use planning agencies, if any, the potential use of the affected land is deemed to constitute an equal or better economic or public use; (B) is designed and certified by a qualified registered professional engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site; and (C) after approval of the appropriate state environmental agencies, the watershed of the affected land is deemed to be improved. (4) In granting a variance pursuant to this subsection the regulatory authority shall require that only such amount of spoil will bo placed off the mine bench as is necessary to achieve the planned postmining land use, insure stability of the spoil retained on the bench, meet all other requirements of this Act, and all spoil placement off the mine bench must comply with subsection 515(b) (22). (5) The regulatory authority shall promulgate specific regulations Regulations to govern the granting of variances in accord with the provisions of this subsection, and may impose such additional requirements as he deems to be necessary. (6) All exceptions granted under the provisions of this "subsection Review of shall be reviewed not more than three years from the date of issuance exceptions. of the permit, unless the permittee affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the reclamation plan. (f) The Secretary, with the written concurrence of the Chief of Coal mine waste Engineers, shall establish within one hundred and thirty-five days piles, standards from the date of enactment, standards and criteria regulating the and criteria. design, location, construction, operation, maintenance, enlargement, modification, removal, and abandonment of new and existing coal mine waste piles referred to in section 515(b) (13) and section 516 (b)(5). Such standards and criteria shall conform to the standards and criteria used by the Chief of Engineers to insure that flood control structures are safe and effectively perform their intended function. In addition to engineering and other technical specifications the standards and criteria developed pursuant to this subsection must include provisions for: review and approval of plans and specifications prior to construction, enlargement, modification, removal, or abandonment; performance of periodic inspections during construction; issuance of certificates of approval upon completion of construction; performance of periodic safety inspections; and issuance of notices for required remedial or maintenance work. SURFACE EFFECTS OF UNDERGROUND COAL M I N I N G OPERATIONS

SEC. 516. (a) The Secretary shall promulgate rules and regulations directed toward the surface effects of underground coal mining operations, embodying the following requirements and in accordance with

Rules and regulations, ^^ ^^^ 1266.

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Page:United States Statutes at Large Volume 91.djvu/530

 91 STAT. 496 Ante, p. 467.

PUBLIC LAW 95-87—AUG. 3, 1977

the procedures established under section 501 of this Act: Provided, however, That in adopting any rules and regulations the Secretary shall consider the distinct difference between surface coal mining and underground coal mining. Such rules and regulations shall not conflict with nor supersede any provision of the Federal Coal Mine 30 USC 801 note. Health and Safety Act of 1969 nor any regulation issued pursuant thereto, and shall not be promulgated until the Secretary has obtained the written concurrence of the head of the department which administers such Act. Requirements. (b) Each permit issued under any approved State or Federal program pursuant to this Act and relating to underground coal miningshall require the operator to— I (1) adopt measures consistent with known technology in order to prevent subsidence causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of such i surface lands, except in those instances where the mining technology used requires planned subsidence in a predictable and controlled manner: Provided, That nothing in this subsection pillar mining; i (2) seal all portals, entry ways, drifts, shafts, or other openings between the surface and underground mine working when no longer needed for the conduct of the mining operations; t: <, !: (3) fill or seal exploratory holes no longer necessary for mining, maximizing to the extent technologically and economically feasit ble return of mine and processing waste, tailings, and any other waste incident to the mining operation, to the mine workings or > « •, B;. excavations; '. <;(j> rv J (4) with respect to surface disposal of mine wastes, tailings, coal processing wastes, and other wastes in areas other than the r mine workings or excavations, stabilize all waste piles created by the permittee from current operations through construction V -, „ V . in compacted layers including the use of incombustible and imper'•••=•- -i. vious materials if necessary and assure that the leachate will not • • - ' '* degrade below water quality standards established pursuant to applicable Federal and State law surface or ground waters and that the final contour of the waste accumulation will be compatible '•• with natural surroundings and that the site is stabilized and revegetated according to the provisions of this section; (5) design, locate, construct, operate, maintain, enlarge, modify, I and remove, or abandon, in accordance with the standards and criteria developed pursuant to section 515(f), all existing and new coal mine waste piles consisting of mine wastes, tailings, coal processing wastes, or other liquid and solid wastes and used either temporarily or permanently as dams or embankments; (6) establish on regraded areas and all other lands affected, a diverse and permanent vegetative cover capable of self-regenera'• tion and plant succession and at least equal in extent of cover to the natural vegetation of the area; (7) protect off site areas from damages which may result from such mining operations; (8) eliminate fire hazards and otherwise eliminate conditions which constitute a hazard to health and safety of the public; 7 (9) minimize the disturbances of the prevailing hydrologic balance at the minesite and in associated offsite areas and to the
 * shall be construed to prohibit the standard method of room and

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