118.01.21 Ark. Code R. 012
Current through Register Vol. 49, No. 10, October, 2024
Rule Number 20
The Arkansas Surface Coal Mining and Reclamation Code
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These rules which establish the procedures through which the Division of Environmental Quality will implement the Surface Coal Mining and Reclamation Act of 1979, shall be known as the Arkansas Surface Coal Mining and Reclamation Code, hereinafter the Code.
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The objective of these rules is to fulfill the purposes of the Act found in Section 3 in a manner which is consistent with the language of the Act, its legislative history, other applicable laws, and judicial interpretations.
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As used throughout this Code the following terms have the specified meaning except where otherwise indicated -
Act means the Surface Coal Mining and Reclamation Act of 1979.
Anthracite means coal classified as anthracite in ASTM Standard D 388-77. Coal classifications are published by the American Society of Testing and Materials under the title, Standard Specification for Classification of Coals by Rank, ASTM D 388-77, on pages 220 through 224. Table 1 which classifies the coals by rank is presented on page 223. This publication is hereby incorporated by reference as it exists on the date of adoption of these rules. Notices of changes made to this publication will be periodically published by the Division. This ASTM Standard is on file and available for inspection at the central office of the Division. Copies of this publication may also be obtained by writing to Office of Surface Mines, U.S. Department of the Interior, South Interior Bldg., Washington, DC 20240.
Central Office means the general office of the Division of Environmental Quality at 8001 National Drive, Little Rock, Arkansas.
Coal means combustible carbonaceous rock, classified as anthracite, bituminous, subbituminous, or lignite by ASTM Standard D 388-77, referred to and incorporated by reference in the definition of 'anthracite' above.
Commission means the Arkansas Pollution Control and Ecology Commission, or such department, commission, bureau or agency as shall lawfully succeed to the powers and duties of said Commission.
Division means the Division of Environmental Quality.
Director means the Director of the Division of Environmental Quality or his authorized representative.
Federal lands means any land, including mineral interests, owned by the United States, without regard to how the United States acquired ownership of the lands or which agency manages the lands. It does not include Indian lands.
Federal lands program means a program established by the Secretary pursuant to Section 523 of Public Law 95-87 to regulate surface coal mining and reclamation operations on Federal lands.
Field Offices means such offices other than the central office that the Division may maintain throughout the State for administering and enforcing the State program.
Fund means the Abandoned Mine Reclamation Fund established pursuant to Section 5(c)(19) of the Act.
Indian tribe means any Indian tribe, band, group, or community having a governing body recognized by the Secretary.
OSM Director means the Director, Office of Surface Mining Reclamation and Enforcement, or the Director's representative.
OSM means the Office of Surface Mining Reclamation and Enforcement established under Title II of Public Law 95-87.
OSM Regional Director means a Regional Director of OSM or a Regional Director's representative.
Person means an individual, Indian tribe when conducting surface coal mining and reclamation operations on non-Indian lands, partnership, association, society, joint venture, joint stock company, firm, company, corporation, cooperative or other business organization and any agency, unit, or instrumentality of Federal, State or local government including any publicly owned utility or publicly owned corporation of Federal, State, or local government.
Person having an interest which is or may be adversely affected or person with a valid legal interest shall include any person -
Public Law 95-87 means the Surface Mining Control and Reclamation Act of 1977.
Public office means a facility under the direction and control of a governmental entity which is open to public access on a regular basis during reasonable business hours.
Secretary means the Secretary of the Interior or the Secretary's representative.
State program means a program established by the Division and approved by the Secretary of the Interior pursuant to Public Law 95-87. Section 503 to regulate surface mining and reclamation operations on lands with the State. If a cooperative agreement under 30 CFR 745 has been executed, the State program may apply to Federal lands, in accordance with the terms of the agreement.
Surface coal mining operations means
Surface coal mining and reclamation operations means surface coal mining operations and all activities necessary or incidental to the reclamation of such operations. This term includes the term surface coal mining operations.
Ton means 2000 pounds avoirdupois (.90718 metric ton).
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The rules in this Part give -
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As used in this Chapter, the following terms have the specified meanings, except where otherwise indicated:
Acid drainage means water with a pH of less than 6.0 and in which total acidity exceeds total alkalinity, discharged from an active, inactive or abandoned surface coal mine and reclamation operation or from an area affected by surface coal mining and reclamation operations.
Acid-forming materials means earth materials that contain sulfide minerals or other materials which, if exposed to air, water, or weathering processes, form acids that may create acid drainage.
Adjacent area means land located outside the affected area or permit area, depending on the context in which adjacent area is used, where air, surface or ground water, fish, wildlife, vegetation or other resources protected by the Act may be adversely impacted by surface coal mining and reclamation operations.
Affected area means, with respect to surface mining activities, any land or water upon or in which those activities are conducted or located. With respect to underground mining activities, affected area means:
Agricultural use means the use of any tract of land for the production of animal or vegetable life. The uses include, but are not limited to, the pasturing, grazing, and watering of livestock, and the cropping, cultivation, and harvesting of plants.
Applicant means any person seeking a permit from the Director to conduct surface coal mining and reclamation operations pursuant to the State program.
Approximate original contour means that surface configuration achieved by backfilling and grading of the mined areas so that there claimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls, spoil piles and coal refuse piles eliminated. Permanent water impoundments may be permitted where the Director has determined that they comply with Sections 816.49, 816.56, and 816.133.
Aquifer means a zone, stratum, or group of strata that can store and transmit water in sufficient quantities for a specific use.
Auger mining means a method of mining coal at a cliff or highwall by drilling holes into an exposed coal seam from the highwall and transporting the coal along an auger bit to the surface.
Best technology currently available means equipment, devices, systems, methods, or techniques which will (a) prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the permit area, but in no event result in contributions of suspended solids in excess of requirements set by applicable State or Federal laws; and (b) minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife and related environmental values, and achieve enhancement of those resources where practicable. The term includes equipment, devices, systems, methods, or techniques which are currently available anywhere as determined by the Director, even if they are not in routine use. The term includes, but is not limited to, construction practices, siting requirements, vegetative selection and planting requirements, animal stocking requirements, scheduling of activities and design of sedimentation ponds in accordance with Part 816. Within the constraints of the State program, the Director shall have the discretion to determine the best technology currently available on a case-by-case basis, as authorized by the Act and this Chapter.
Coal exploration means the field gathering of:
Coal mine waste means coal processing waste and underground development waste.
Coal processing plant means a collection of facilities where run-of-the-mine coal is subjected to chemical or physical processing or the cleaning, concentrating, or other processing or preparation. The processing plant may consist of, but need not be limited to, the following facilities: loading facilities, storage and stockpile facilities, sheds, shops and other buildings; water treatment and water storage facilities; settling basins and impoundments; coal processing and other waste disposal areas; roads, railroads and other transport facilities.
Coal processing waste means earth materials which are separated and wasted from the product coal during cleaning, concentrating, or other processing or preparation of coal.
Combustible material means organic material that is capable of burning, either by fire or through oxidation, accompanied by the evolution of heat and a significant temperature rise.
Compaction means increasing the density of a material by reducing the voids between the particles and is generally accomplished by controlled placement and mechanical effort such as from repeated application of wheel, track, or roller loads from heavy equipment.
Cropland means land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops.
Cumulative impact area means the area, including the permit area, within which impacts resulting from the proposed operation may interact with the impacts of all anticipated mining on the surface-and ground-water systems. Anticipated mining shall include, at a minimum, the entire projected lives through bond releases of:
Disturbed area means an area where vegetation, topsoil, or overburden is removed or upon which topsoil, spoil, coal processing waste, underground development waste, or noncoal waste is placed by surface coal mining operations. Those areas are classified as disturbed until reclamation is complete and the performance bond or other assurance of performance required by Subchapter J of this Chapter is released.
Diversion means a channel, embankment, or other manmade structure constructed to divert water from one area to another.
Downslope means the land surface between the projected outcrop of the lowest coal bed being mined along each highwall and a valley floor.
Drinking, domestic or residential water supply means water received from a well or spring and any appurtenant delivery system that provides water for direct human consumption or household use. Wells and springs that serve only agricultural, commercial or industrial enterprises are not included except to the extent the water supply is for direct human consumption or human sanitation, or domestic use.
Embankment means an artificial deposit of material that is raised above the natural surface of the land and used to contain, divert, or store water, support roads or railways, or for other similar purposes.
Ephemeral stream means a stream which flows only in direct response to precipitation in the immediate watershed or in response to the melting of a cover of snow and ice, and which has a channel bottom that is always above the local water table.
Excess spoil means spoil material disposed of in a location other than the mined-out area, provided that spoil material used to achieve the approximate original contour or to blend the mined-out area with the surrounding terrain in non-slope areas shall not be considered excess spoil.
Existing structure means a structure or facility used in connection with or to facilitate surface coal mining and reclamation operations for which construction begins prior to the approval of the State program.
Fugitive dust means that particulate matter not emitted from a duct or stack which becomes airborne due to the forces of wind or surface coal mining and reclamation operations or both. During surface coal mining and reclamation operations it may include emissions from haul roads; wind erosion of exposed surfaces, storage piles, and spoil piles; reclamation operations; and other activities in which material is either removed, stored, transported, or redistributed.
Groundwater means subsurface water that fills available openings in rock or soil materials to the extent that they are considered water saturated.
Half-shrub means a perennial plant with a woody base whose annually produced stems die back each year.
Head-of-hollow fill means a fill structure consisting of any material, other than coal processing waste and organic material, placed in the uppermost reaches of a hollow where side slopes of the existing hollow measured at the steepest point are greater than 20 degrees or the average slope of the profile of the hollow from the toe of the fill to the top of the fill is greater than 10 degrees. In fills with less than 250,000 cubic yards of material, associated with contour mining, the top surface of the fill will be at the elevation of the coal seam. In all other head-of-hollow fills, the top surface of the fill, when completed, is at approximately the same elevation as the adjacent ridge line, and no significant area of natural drainage occurs above the fill draining into the fill area.
Highwall means the face of exposed overburden and coal in an open cut of a surface coal mining activity or for entry to underground mining activities.
Historically used for cropland means
Hydrologic balance means the relationship between the quality and quantity of water inflow to, water outflow from, and water storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses the dynamic relationships among precipitation, runoff, evaporation, and changes in ground and surface water storage.
Hydrologic regime means the entire state of water movement in a given area. It is a function of the climate and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form, falls as precipitation, moves along or into the ground surface, and returns to the atmosphere as vapor by means of evaporation and transpiration.
Imminent danger to the health and safety of the public means the existence of any condition or practice, or any violation of a permit or other requirements of the Act in a surface coal mining and reclamation operation, which could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same condition or practice giving rise to the peril, would avoid exposure to the danger during the time necessary for abatement.
Impounding structure means a dam, embankment or other structure used to impound water, slurry, or other liquid or semi-liquid material.
Impoundment means a closed basin, naturally formed or artificially built, which is dammed or excavated for the retention of water, sediment, or waste.
In situ processes means activities conducted on the surface or underground in connection with inplace distillation, retorting, leaching, or other chemical or physical processing of coal. The term includes, but is not limited to, in situ gasification, in situ leaching, slurry mining, solution mining, borehole mining, and fluid recovery mining.
Intermittent stream means - (a) A stream or reach of a stream that drains a watershed of at least one square mile, or (b) A stream or reach of a stream that is below the local water table for a least some part of the year, and obtains its flow from both surface runoff and ground water discharge.
Land use means specific uses or management-related activities, rather than the vegetation or cover of the land. Land uses may be identified in combination when joint or seasonal uses occur. Changes of land use or uses from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the Director.
Lands eligible for remining means those lands that would otherwise be eligible for expenditures under Section 6 of the Act.
Material damage, in the context of Sections 784.20 and 816.121-U of this Chapter, means:
Moist bulk density means the weight of soil (oven dry) per unit volume. Volume is measured when the soil is at field moisture capacity (1/3 bar moisture tension). Weight is determined after drying the soil for 24 hours at 105 degrees C.
Mulch means vegetation residues or other suitable materials that aid in soil stabilization and soil moisture conservation, thus providing micro-climatic conditions suitable for germination and growth.
Non-commercial building means any building, other than an occupied residential dwelling, that, at the time the subsidence occurs, is used on a regular or temporary basis as a public building or community or institutional building as those terms are defined in Section 761.5 of this Chapter. Any building used only for commercial agricultural, industrial, retail or other commercial enterprises is excluded.
Noxious plants means species that have been included on official State lists of noxious plants for Arkansas.
Occupied residential dwelling and structures related thereto means, for purposes of Sections 784.20 and 816.121-U, any building or other structure that, as the time the subsidence occurs, is used either temporarily, occasionally, seasonally, or permanently for human habitation. This term also includes any building, structure or facility installed on, above or below, or a combination thereof, the land surface if that building, structure or facility is adjunct to or used in connection with an occupied residential dwelling. Examples of such structures include, but are not limited to, garages; storage sheds and barns; greenhouses and related buildings; utilities and cables; fences and other enclosures; retaining walls; paved or improved patios, walks and driveways; septic sewage treatment facilities; and lot drainage and lawn and garden irrigation systems. Any structure used only for commercial agricultural, industrial, retail or other commercial purposes is excluded.
Operator means any person engaged in coal mining who removes or intends to remove more than 250 tons of coal from the earth or from coal refuse piles by mining within 12 consecutive calendar months in any one location.
Outslope means the face of the spoil or embankment sloping downward from the highest elevation to the toe.
Overburden means material of any nature, consolidated or unconsolidated, that overlies a coal deposit, excluding topsoil.
Perennial stream means a stream or part of a stream that flows continuously during all of the calendar year as a result of ground-water discharge or surface runoff. The term does not include intermittent stream or ephemeral stream.
Performance bond means a surety bond, collateral bond or self-bond or a combination thereof, by which a permittee assures faithful performance of all the requirements of the Act, this Chapter, the State program, and the requirements of the permit and reclamation plan.
Permanent diversion means a diversion remaining after surface coal mining and reclamation operations are completed which has been approved for retention by the Director and other appropriate State and Federal agencies.
Permanent impoundment means an impoundment which is approved by the Division and, if required, by other State and Federal agencies for retention as part of the post mining land use.
Permit means a permit to conduct surface coal mining and reclamation operations issued by the Director pursuant to the State program, or pursuant to a cooperative agreement where one has been executed.
Permit area means the area of land and water within the boundaries of the permit which are designated on the permit application maps, as approved by the Director. This area shall include, at a minimum, all areas which are or will be affected by the surface coal mining and reclamation operations during the term of the permit.
Permittee means a person holding or required by the Act or this Chapter to hold a permit to conduct surface coal mining and reclamation operations issued by the Director pursuant to this program or pursuant to a cooperative agreement where one has been executed.
Precipitation event means a quantity of water resulting from drizzle, rain, snow, sleet, or hail in a limited period of time. It may be expressed in terms of recurrence interval. As used in these rules, precipitation event also includes that quantity of water emanating from snow cover as snowmelt in a limited period of time.
Previously mined area means land affected by surface coal mining operations prior to August 3, 1977, that has not been reclaimed to the standards of 30 CFR Chapter VII and the Code.
Prime farmland means those lands which are defined by the Secretary of Agriculture in 7 CFR 657 (Federal Register Vol. 4 No. 21) and which have historically been used for cropland as that phrase is defined above.
Rangeland means land on which the natural potential (climax) plant cover is principally native grasses, forbs, and shrubs valuable for forage. This land includes natural grasslands and savannahs, such as prairies, and juniper savannahs, such as brushlands. Except for brush control, management is primarily achieved by regulating the intensity of grazing and season of use.
Recharge capacity means the ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation.
Reclamation means those actions taken to restore mined land as required by this Chapter to a postmining land use approved by the Director.
Recurrence interval means the interval of time in which a precipitation event is expected to occur once, on the average. For example, the 10-year 24-hour precipitation event would be that 24-hour precipitation event expected to occur on the average once in 10 years.
Reference area means a land unit maintained under appropriate management for the purpose of measuring vegetation ground cover, productivity and plant species diversity that are produced naturally or by crop production methods approved by the Director. Reference areas must be representative of geology, soil, slope, and vegetation in the permit area.
Refuse pile means a surface deposit of coal mine waste that does not impound water, slurry, or other liquid or semi-liquid material.
Renewable resource lands means aquifers and areas for the recharge of aquifers and other underground waters, areas for agricultural or silvicultural production of food and fiber, and grazinglands.
Replacement of water supply means, with respect to protected water supplies contaminated, diminished, or interrupted by coal mining operations, provision of water supply on both a temporary and permanent basis equivalent to premining quantity and quality. Replacement includes provision of an equivalent water delivery system and payment of operation and maintenance costs in excess of customary and reasonable delivery costs for premining water supplies.
Road means a surface right-of-way for purposes of travel by land vehicles used in coal exploration or surface coal mining and reclamation operations. A road consists of the entire area within the rightof-way, including the roadbed, shoulders, parking and side area, approaches, structures, ditches, surface, and such contiguous appendages as are necessary for the total structure. The term includes access and haul roads constructed, used, reconstructed, improved, or maintained for use in coal exploration or surface coal mining and reclamation operations, including use by coal hauling vehicles leading to transfer, processing, or storage areas. The term does not include pioneer or construction roadways used for part of the road construction procedure and promptly replaced by a primary or ancillary road located in the identical right-of-way as the pioneer or construction roadway. The term also excludes any roadway within the immediate mining pit area.
Safety factor means the ratio of the available shear strength to the developed shear stress, or the ratio of the sum of the resisting forces to the sum of the loading or driving forces, as determined by accepted engineering practices.
Sedimentation pond means a primary sediment control structure designed, constructed and maintained in accordance with Section 816.46 and including, but not limited to a barrier, dam, or excavated depression which slows down water runoff to allow sediment to settle out. A sedimentation pond shall not include secondary sedimentation control structures, such as straw dikes, rip rap, check dams, mulches, dugouts and other measures that reduce overland flow velocity, reduce runoff volume or trap sediment, to the extent that such secondary sedimentation structures drain to a sedimentation pond.
Significant, imminent environmental harm to land, air or water resources means -
Siltation structure means a sedimentation pond, a series of sedimentation ponds, or other treatment facility.
Slope means average inclination of a surface, measured from the horizontal, generally expressed as the ratio of a unit of vertical distance to a given number of units of horizontal distance (e.g.,1v:5h). It may also be expressed as a percent or in degrees.
Soil Horizons means contrasting layers of soil parallel or nearly parallel to the land surface. Soil horizons are differentiated on the basis of field characteristics and laboratory data. The three major soil horizons are
Soil Survey means a field and other investigation, resulting in a map showing the geographic distribution of different kinds of soils and an accompanying report that describes, classifies, and interprets such soils for use. Soil surveys must meet the standards of the National Cooperative Soil Survey as incorporated by reference in Section 785.17(b)(1).
Spoil means overburden that has been removed during surface coal mining operations.
Stabilize means to control movement of soil, spoil piles, or areas of disturbed earth by modifying the geometry of the mass, or by otherwise modifying physical or chemical properties, such as by providing a protective surface coating.
State Program means a program established by the Division and approved by the Secretary of the Interior pursuant to Public Law 95-87, Section 503 to regulate surface mining and reclamation operations on lands within the State. If a cooperative agreement under 30 CFR 745 has been executed, the State program may apply to Federal lands, in accordance with the terms of the agreement.
Steep slope means any slope of more than 20 degrees or such lesser slope as may be designated by the Director after consideration of soil, climate, and other characteristics of a region or State.
Substantially disturb means, for purposes of coal exploration, to significantly impact land or water resources by blasting; by removal of vegetation, topsoil, or overburden; by construction of roads or other access routes; by placement of excavated earth or waste material on the natural land surface or by other such activities; or to remove more than 250 tons of coal.
Surface mining activities means those surface coal mining and reclamation operations incident to the extraction of coal from the earth by removing the materials over a coal seam, before recovering the coal, by auger coal mining, or by recovery of coal from a deposit that is not in its original geologic location.
Suspended solids or nonfilterable residue, expressed as milligrams per liter, means organic or inorganic materials carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by the Environmental Protection Agency's regulations for waste water and analyses ( 40 CFR 136) .
Temporary diversion means a diversion of a stream or overland flow which is used during coal exploration or surface coal mining and reclamation operations and not approved by the Director to remain after reclamation as part of the approved postmining land use.
Temporary impoundment means an impoundment used during surface coal mining and reclamation operations, but not approved by the Division to remain as part of the approved postmining land use.
Topsoil means the A soil horizon layer of the three major soil horizons.
Toxic-forming materials means earth materials or wastes which, if acted upon by air, water, weathering, or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water.
Toxic mine drainage means water that is discharged from active or abandoned mines or other areas affected by coal exploration or surface coal mining and reclamation operations, which contains a substance that through chemical action or physical effects is likely to kill, injure, or impair biota commonly present in the area that might be exposed to it.
Unanticipated event or condition, as used in Section 786.17 of this Chapter, means an event or condition related to prior mining activity which arises from a surface coal mining and reclamation operation on lands eligible for remining and was not contemplated by the applicable permit.
Underground development waste means waste rock mixtures of coal, shale, claystone, siltstone, sandstone, limestone, or related materials that are excavated, moved, and disposed of from underground workings in connection with underground mining activities.
Underground mining activities means a combination of - (a) surface operations incident to underground extraction of coal or in situ processing, such as construction, use, maintenance, and reclamation of roads, above-ground repair areas, storage areas, processing areas, shipping areas, hoist and ventilating ducts, areas utilized for the disposal and storage of waste, and areas on which materials incident to underground mining operations are placed; and (b) underground operations such as underground construction, operation, and reclamation of shafts, adits, underground support facilities, in situ processing, and underground mining, hauling, storage, and blasting.
Valley fill means a fill structure consisting of any material other than coal waste and organic material that is placed in a valley where side slopes of the existing valley measured by the steepest point are greater than 20 degrees or the average slope of the profile of the valley from the toe of the fill to the top of the fill is greater than 10 degrees.
Water table means the upper surface of a zone of saturation, where the body of groundwater is not confined by an overlying impermeable zone.
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This part implements the exemption contained in Section 34 of the Act concerning the extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 2/3 percent of the total tonnage of coal and other minerals removed for purposes of commercial use or sale.
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As used in this part, the following terms have the meanings specified, except where otherwise indicated:
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An application for exemption shall include at a minimum:
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A person conducting activities covered by this part shall:
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This part sets forth the policies and procedures to implement Section 17 of the Act. Compliance with the policies and procedures in this part will satisfy the requirements of Section 17 of the Act. Section 17 prohibits certain employees of the Division
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The objectives of this part are:
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Coal Mining Operation means the business of developing, producing, preparing or loading bituminous coal, sub-bituminous coal, anthracite, or lignite, or of reclaiming the areas upon which such activities occur.
Employee means any person employed by the Division who performs any function or duty under the Act, provided that, this definition shall not include any member of the Commission other than the Director.
Performing any function or duty under this Act means those decisions or actions, which if performed or not performed by an employee, affect the programs under the Act.
Direct Financial Interest means ownership or part ownership by an employee of lands, stocks, bonds, debentures, warrants, partnership shares, or other holdings and also means any other arrangement where the employee may benefit from his or her holding in or salary from coal mining operations. Direct financial interests include employment, pensions, creditor, real property and other financial relationships.
Indirect Financial Interest means the same financial relationships as for direct ownership, but where the employee reaps the benefits of such interests, including interests held by his or her spouse, minor child and other relatives, including inlaws, residing in the employee's home. The employee will not be deemed to have an indirect financial interest if there is no relationship between the employee's functions or duties and the coal mining operation in which the spouse, minor children or other resident relatives hold a financial interest.
Prohibited Financial Interest means any direct or indirect financial interest in any coal mining operation.
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Employees are not required to report debts owed to financial institutions (banks, savings and loan associations, credit unions, and the like) which are chartered to provide commercial or personal credit. Also excluded are charge accounts and similar short term debts for current and ordinary household and living expenses.
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Employees have the right to appeal an order for remedial action under Section 705.19, and shall have thirty (30) days to exercise this right before disciplinary action is initiated.
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As used in this Part, the following terms have the specified meaning:
Extraction of coal as an incidental part means the extraction of coal which is necessary to enable the construction to be accomplished. For purposes of this Part, only that coal extracted from within the right-of-way, in the case of a road, railroad, utility line or other such construction, or within the boundaries of the area directly affected by other types of government-financed construction, may be considered incidental to that construction.
Extraction of coal outside the right-of-way or boundary of the area directly affected by the construction shall be subject to the requirements of the Act and this Chapter.
Government financing agency means a Federal, State, county, municipal, or local unit of government, or a department, bureau, agency or office of the unit which, directly or through another unit of government, finances construction.
Government-financed construction means construction funded 50 percent or more by funds appropriated from a government financing agency's budget or obtained from general revenue bonds, but shall not mean government financing agency guarantees, insurance, loans, funds obtained through industrial revenue bonds or their equivalent, or in-kind payments.
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Any person extracting coal incident to government-financed highway or other construction who extracts more than 250 tons of coal shall maintain, on the site of the extraction operation and available for inspection, documents which show--
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This Subchapter establishes procedures for implementing the requirements of the Act for designating lands unsuitable for all or certain types of surface coal mining operations, for terminating such designations, for identifying lands on which surface coal
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The objectives of this Subchapter are to establish -
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This Part establishes the procedures and standards to be followed in determining whether a proposed surface coal mining and reclamation operation can be authorized in light of the prohibitions and limitations in Section 522(e) of Public Law 95-87 for those types of operations on certain Federal, public and private lands.
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The objective of this Part is to implement the prohibitions and limitations for surface coal mining operations on or near certain private, Federal, and other public lands under Section 522(e) of Public Law 95-87.
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The Commission is authorized by Section 522(e) of Public Law 95-87 (30 U.S.C. 1272(e)) to prohibit or limit surface coal mining operations on or near certain private, Federal, and other public lands, except for those operations which existed on August 3, 1977, or were subject to valid existing rights on that date.
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For the purposes of this Part
Valid existing rights means a set of circumstances under which a person may, subject to the Director's approval, conduct surface coal mining operations on lands where Section 761.11 would otherwise prohibit such operations. Possession of valid existing rights only confers an exception from the prohibitions of Section 761.11. A person seeking to exercise valid existing rights must comply with all other pertinent requirements of the Act and the state program.
Significant recreational, timber, economic or other values incompatible with surface coal mining operations means those significant values which could be damaged by, and are not capable of existing together with, surface coal mining operations because of the undesirable effects mining would have on those values, either on the area included in the permit application or on off-site areas which could be affected by mining. Those values to be evaluated for their importance include:
Surface operations and impacts incident to an underground coal mine means all activities involved in or related to underground coal mining which are either conducted on the surface of the land, produce changes in the land surface or disturb the surface, air or water sources of the area, including all activities listed in Section 701(28) of Public Law 95-87 and the definition of surface coal mining operations appearing in Section 700.5 of the rules.
Significant forest cover means an existing plant community consisting predominantly of trees and other woody vegetation.
Occupied dwelling means any building that is currently being used on a regular or temporary basis for human habitation.
Public buildings means any structure that is owned or leased by a public agency or used principally for public business, meetings or other group gathering.
Community or institutional building means any structure, other than a public building or an occupied dwelling, which is used primarily for meetings, gatherings or functions of local civic organizations or other community groups; functions as an educational, cultural, historic, religious, scientific, correctional, mental-health or physical health care facility; or is used for public services, including, but not limited to, water supply, power generation or sewage treatment.
Public park means an area dedicated or designated by any Federal, State, or local agency for public recreational use, whether or not such use is limited to certain times or days, including any land leased, reserved or held open to the public cause of that use.
Public road means a road--
Cemetery means any area of land where human bodies are interred.
Publicly owned park means a public park that is owned by a Federal, State, or local governmental entity.
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An applicant may not conduct surface coal mining operations on the following lands unless he either have valid existing rights, as determined under Section 761.16, or qualifies for the exception for existing operations under Section 761.12:
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The prohibitions and limitations of Section 761.11 do not apply to surface coal mining operations for which a valid permit, issued under Subchapter G of this chapter, exists when the land comes under the protection of Section 761.11. This exception applies only to lands within the permit area as it exists when the land comes under the protection of Section 761.11.
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The Division has adopted the following interpretation of rules promulgated in Part 761.
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This Part establishes the minimum criteria to be used in determining whether lands should be designated as unsuitable for all or certain types of surface coal mining operations.
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The Director shall use the criteria in this part for the evaluation of each petition for the designation of areas as unsuitable for surface coal mining operations.
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For purposes of this Part:
Fragile lands means geographic areas containing natural, ecologic, scientific or esthetic resources that could be damaged or destroyed by surface coal mining operations. Examples of fragile lands include valuable habitats for fish or wildlife, critical habitats for endangered or threatened species of animals or plants, uncommon geologic formations, National Natural Landmark sites, areas where mining may cause flooding, environmental corridors containing a concentration of ecologic and esthetic features, areas of recreational value due to high environmental quality, and buffer zones adjacent to the boundaries of areas where surface coal mining operations are prohibited under Section 522(e) of Public Law 95-87 and Section 761 of the rules.
Historic lands means historic, cultural, and scientific areas that could be damaged or be destroyed by surface coal mining operations. Examples of historic lands included archeological and paeontological sites, sites listed on or eligible for listing on a State or National Register of Historic places. National Historic Landmark sites, sites having religious or cultural significance to native Americans or religious groups, and sites for which historic designation is pending.
Natural hazard lands means geographic areas in which natural conditions exists which pose or, as a result of surface coal mining operations, may pose a threat to the health, safety or welfare of people, property or the environment, including areas subject to landslides, cave-ins, large or encroaching sand dunes, severe wind or soil erosion, frequent flooding, avalanches and areas of unstable geologic conditions.
Substantial legal and financial commitments in a surface coal mining operation means significant investments that have been made on the basis of a long-term coal contract in power plants, railroads, coal-handling, preparation, extraction or storage facilities and other capital-intensive activities. An example would be an existing mine, not actually producing coal, but in a substantial stage of development prior to production. Costs of acquiring the coal in place or of the right to mine it without an existing mine, as described in the above example, alone are not sufficient to constitute substantial legal and financial commitments.
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The requirements of this Part do not apply to -
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Pursuant to appropriate petitions, lands listed in Section 761.11 of this chapter are subject to designation as unsuitable for all or certain types of surface coal mining operations under this part and Part 764 of this chapter.
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Designation of any area as unsuitable for all or certain types of surface coal mining operations pursuant to Section 26 of the Act and rules of this Subchapter does not prohibit coal exploration operations in the area, if conducted in accordance with the Act, this Chapter, the State program, and other applicable requirements. Exploration operations on any lands designated unsuitable for surface coal mining operations must be approved by the Director under Section 776, to insure that exploration does not interfere with any value for which the area has been designated unsuitable for surface coal mining.
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This Part establishes minimum procedures and standards for designating non-Federal lands in Arkansas as unsuitable for all or certain types of surface coal mining operations and for terminating designations.
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The objective of this Part is to insure that the Commission, Division, and Director implement processes to designate lands unsuitable for all or certain types of surface coal mining operations and for terminating designations.
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The Commission has authority to develop procedures and standards, consistent with this Part, to designate lands unsuitable for all or certain types of surface coal mining operations and to terminate such designations.
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The Commission shall:
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This Subchapter provides the minimum requirements for the permit and exploration procedures for coal exploration and surface coal mining and reclamation operations. These include -
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The objectives of this Subchapter are to ensure that surface coal mining and reclamation operations are conducted only after the Director has first determined that reclamation is feasible and that all approved coal explorations and permitted surface coal mining and reclamation operations are conducted so as to fully protect the environment.
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As used throughout this Subchapter, except where otherwise indicated:
Application means the documents and other information filed with the Director under this Subchapter and the State program for the issuance of exploration approval or a permit.
Complete application means an application for exploration approval or permit, which contains all information required under the Act, this Subchapter and the State program.
General area means, with respect to hydrology, the topographic and ground water basin surrounding a permit area which is of sufficient size, including areal extent and depth, to include one or more watersheds containing perennial streams and groundwater zones and to allow assessment of the probable cumulative impacts on the quality and quantity of the surface and groundwater systems in the basins.
Principal shareholder means any person who is the record or beneficial owner of 10 percent or more of any class of voting stock.
Property to be mined means both the surface and mineral estates on and underneath lands which are within the permit area.
Violation notice means any written notification from a governmental entity of a violation of law, whether by letter, memorandum, legal or administrative pleading, or other written communication.
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This Subchapter is organized according to separate parts, as follows:
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This part establishes minimum general criteria for permits and permit applications requirements which are applicable to obtaining the Director's approval of permit applications.
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The objectives of this Part are to insure that all surface coal mining and reclamation operations are conducted only under permits issued in accordance with the requirements of the regulatory program, that all persons make timely application for permits, to provide general requirements on permit fee systems, and to provide the general content requirements of permit applications.
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Except as provided for in Section 771.13(b) on and after eight (8) months from the date on which the State program is approved by the Secretary, no person shall engage in or carry out on non-federal lands within a State any surface coal mining and reclamation operations unless that person has first obtained a valid permit issued by the Division under the state program.
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All persons shall conduct surface coal mining and reclamation operations under permits issued pursuant to this Subchapter and the State program and shall comply with the terms and conditions of the permit and the requirements of the Act, this Chapter and the State program.
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Each application for permit shall be verified under oath, by a responsible official of the applicant, that the information contained in the application is true, and correct to the best of the official's information and belief.
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This Part establishes the minimum requirements for coal exploration procedures. This part applies to the Division and to any person who conducts or seeks to conduct coal explorations outside the permit area.
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The objectives of this part are to insure that coal exploration operations are conducted to protect the environment and otherwise meet the requirements of the Act, this Chapter, and the State program.
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This Part establishes the minimum requirements regarding the legal, financial, compliance and general information that must be contained in permit applications for surface mining activities except for underground coal mining activities.
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The objective of this Part is to ensure that all relevant information regarding the ownership and control of the persons who conduct surface mining activities, the ownership and control of the property to be affected by the operations, the compliance status and history of such persons, and other important information is provided in the application to the Division.
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It is the responsibility of the permit applicant to provide to the Division all of the information required by this Part.
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This part applies to any person who applies for a permit to conduct surface mining activities.
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Each permit application shall contain -
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12-05-97
Each permit application shall contain either a certificate of liability insurance or evidence that the self-insurance requirements in Section 800.60 of this Chapter are satisfied.
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Each permit application shall contain a list of all other licenses and permits needed by the applicant to conduct the proposed mining operation. This list shall identify each license and permit by -
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Each application shall identify, by city and county, the Circuit Clerk's office where the applicant will simultaneously file a copy of the application for public inspection in accordance with Part 786.11(e).
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A copy of the newspaper advertisement of the application and proof of publication of the advertisement shall be filed with the Division and made a part of the complete application, not later than four (4) weeks after the last date of publication required under Section 786.11(a).
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This part establishes the minimum requirements for the environmental resources contents of applications for surface mining activities.
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The objectives of this part are to ensure that each application provides to the Division a complete and accurate description of the environmental resources that may be impacted or affected by the proposed surface coal mining activities.
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Each permit application shall include a description of the existing, premining environmental resources within the permit area and adjacent areas that may be affected or impacted by the proposed surface mining activities.
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Each application shall describe and identify -
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The permit application shall include maps showing -
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The application shall include cross-sections, maps and plans showing -
[Ed. Note: In Section 779.25, Paragraphs (c), (h), and (i) are suspended to the extent that they apply to underground mining permit applications.]
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This part provides the requirements for the Division's approval of mining operations and reclamation plan portions of applications for permits for surface coal mining activities, except to the extent that different requirements for those plans are established under Part 785 of this Subchapter.
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The objectives of this part are to ensure that the Division is provided with comprehensive and reliable information on proposed surface mining activities, and to ensure that these activities are allowed to be conducted in compliance with the Act, this Chapter, and the State program.
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Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including, at a minimum, the following:
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Each application shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with the requirements of 30 CFR Sections 816.61 through 816.68 and including the following information:
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Each application shall contain maps and plans of the proposed permit and adjacent areas as follows:
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Each application shall contain an air pollution control plan which includes the following:
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For a surface mining activities to be conducted within 500 feet of an underground mine, the application shall describe the measures to be used to comply with Section 816.79.
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Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area in compliance with the performance standards of Sections 816.43 through 816.44.
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Each plan shall describe, with appropriate maps and cross section drawings, the measures to be used to ensure that the interests of the public and landowners affected are protected if, under Section 761.14, the applicant seeks to have the Division's approval of
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Each applicant for a surface coal mining and reclamation permit shall submit a description, plans, and drawings for each support facility to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall include a map, appropriate cross sections, design drawings, and specifications sufficient to demonstrate compliance with Section 816.181 of this Chapter for each facility.
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This part establishes the requirements for the legal, financial, compliance and general information that must be contained in permit applications for underground mining activities.
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The objective of this Part is to ensure that all relevant information on the ownership and control of persons who conduct underground mining activities, the ownership and control of the property to be affected by the operations, the compliance status and history of those persons, and other important information is provided in the application to the Division.
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It is the responsibility of the permit applicant to provide to the Division all of the information required by this Part.
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This Part applies to any person who applies for a permit to conduct underground mining activities. Where a reference is given to another Section in lieu of providing a rule, i.e., Section 782.13 Identification of Interests. See Section 778.13. The reader is referred to the equivalent surface mining rule which should be followed as if it were reproduced in full and requested information with respect to underground mining.
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SEE SECTION 778.13
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SEE SECTION 778.14
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FOR MINING
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SEE SECTION 778.16
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SEE SECTION 778.18
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SEE SECTION 778.19
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SEE SECTION 778.20
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SEE SECTION 778.21
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SEE SECTION 779.1
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SEE SECTION 779.2
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SEE SECTION 779.4
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SEE SECTION 779.11
INFORMATION
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SEE SECTION 779.12
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SEE SECTION 779.18
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SEE SECTION 779.19
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SEE SECTION 779.21
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SEE SECTION 779.24
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SEE SECTION 779.25
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SEE SECTION 779.27
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SEE SECTION 780.1
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SEE SECTION 780.2
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SEE SECTION 780.4
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SEE SECTION 780.11
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SEE SECTION 780.12
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SEE SECTION 780.18; provided that the reclamation plan shall also include all information required by Sections 784.19, 784.20 and 784.25.
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SEE SECTION 780.21; provided that Sections 780.21(e) and 780.21(f)(3)(iii) are not applicable to underground mining operations and provided that the reclamation plan shall include a description of the measures to be taken to insure the protection of water quality by locating opening for mines in accordance with Section 816.50-U. Provided further that Section 780.21(f)(3)(v) shall apply to underground mining operations:
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SEE SECTION 780.23
IMPOUNDMENTS, BANKS, DAMS, AND EMBANKMENTS
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SEE SECTION 780.25
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SEE SECTION 780.31
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SEE SECTION 780.33
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Each plan shall contain descriptions, including appropriate maps and cross-section drawings of the proposed disposal methods and sites for placing underground development waste and excess spoil generated at surface areas affected by surface operations and facilities, according to Sections 816.71-816.74. Each plan shall describe the geotechnical investigation, design, construction, operation, maintenance and removal, if appropriate, of the structures and prepared according to Section 780.35.
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SEE SECTION 780.16
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SEE SECTION 780.29
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SEE SECTION 780.14; provided that Section 780.14(b)(7) shall not apply, and in addition to the requirements of Section 780.14, the following shall be shown for the proposed permit area:
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SEE SECTION 780.37
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SEE SECTION 780.15
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SEE SECTION 780.38
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The objective of this Part is to ensure that permits are issued for certain categories of surface coal mining and reclamation operations only after the Division receives information that shows that these operations will be conducted according to the applicable requirements of the Act, Subchapter K, and the State program.
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This Part establishes the requirements for
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The objectives of this Part are to
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Willful violation means an act or omission which violates the Act, State or Federal laws or regulations, or individual permit conditions, committed by a person who intends the result which actually occurs.
Irreparable damage to the environment means any damage to the environment that cannot be corrected by actions of the applicant.
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The applicant shall file any subsequent revision of the application with the Circuit Clerk at the same time the revision is submitted to the Division.
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No permit or revision application shall be approved, unless the application affirmatively demonstrates and the Director finds, in writing, on the basis of information set forth in the application or from information otherwise available, which is documented in the approval and made available to the applicant, that
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6-03-92
Each permit issued by the Director shall ensure that
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Each permit issued by the Director shall ensure and contain specific conditions requiring that the
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When the Director, under Section 786.30(c)(4) of this part, elects to rescind an improvidently issued permit he or she shall serve on the permittee a notice of proposed suspension and rescision which includes the reasons for the finding of the Director under Section 786.30(b) of this part and states that:
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This part provides the requirements for administrative and judicial review of coal exploration approval application and permit decisions by the Director, or the failure of the Director to act on applications for coal exploration approval or permits.
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The objectives of this Part are to provide for timely and thorough review by administrative and judicial bodies under the State programs on decisions of and failures to act by the Director under this Subchapter.
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This Part establishes the provisions for
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The objectives of this Part are to
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The Director shall
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As used in Section 788.17 through 788.19 Successor in interest means any person who succeeds to rights granted under a permit, by transfer, assignment, or sale of those rights.
Transfer, assignment, or sale of rights means a change in ownership or other effective control over the right to conduct surface coal mining operations under a permit issued by the Director.
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Any permit renewal shall be for a term not to exceed the period of the original permit established under Section 786.25.
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No transfer, assignment, or sale of the rights granted under any permit issued pursuant to the State program shall be made without the prior written approval of the Director, in accordance with Sections 788.17-788.19.
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This part comprises the small operator assistance program (Program) and governs the procedures for providing assistance to qualified small mine operators who request assistance under Section 13(c) of the Act, for
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The objective of this part is to meet the intent of Section 13(c) of the Act by
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As used in this part
Monitoring means the collection of environmental data by either continuous or periodic sampling methods.
Probable cumulative impacts means the expected total qualitative, and cognitive, direct and indirect effects of mining and reclamation activities on the hydrologic regime.
Probable hydrologic consequence means the projected result of proposed surface coal mining and reclamation operations which may reasonably be expected to change the quantity or quality of the surface and ground water; the surface or ground water flow, timing and pattern; the stream channel conditions; and the aquatic habitat on the permit area and other affected areas.
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Each applicant shall submit the following information to the Director at any time after initiation of the Small Operator Assistance Program
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This publication is available from the Office of Technology Transfer, U.S. Environmental Protection Agency, Industrial Environmental Research Laboratory, Cincinnati, Ohio 45268. These standards are hereby incorporated by reference. A copy of this publication is available for inspection at the Central Office.
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This part sets forth the minimum requirements for filing and maintaining bonds and insurance for surface coal mining and reclamation operations under the state program in accordance with the Act.
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executed by the permittee as principal and which is supported by the performance guarantee of a corporation licensed to do business as a surety in the state of Arkansas.
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The Director shall prescribe the form of the performance bond. The Director may allow for:
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Current assets means cash or other assets or resources which are reasonably expected to be converted to cash or sold or consumed within one (1) year or within the normal operating cycle of the business.
Current liabilities means obligations which are reasonable expected to be paid or liquidated within one (1) year or within the normal operating cycle of the business.
Fixed assets means plants and equipment, but does not include land or coal in place.
Liabilities means obligations to transfer assets or provide services to other entities in the future as a result of past transactions.
Net worth means total assets minus total liabilities and is equivalent to owners' equity.
Parent corporation means a corporation which owns or controls the applicant.
Tangible net worth means net worth minus intangibles such as goodwill and rights to patents or royalties.
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This Subchapter sets forth the minimum performance standards and design requirements to be adopted and implemented under the State program for coal exploration and surface coal mining and reclamation operations.
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The objective of this Subchapter is to ensure that coal exploration and surface coal mining and reclamation operations are conducted in manners which are compatible with the environmental, social, and esthetic needs of the Nation. Accordingly, the performance standards and design requirements in this Subchapter will provide for
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Part 815 applies to all coal exploration conducted under the State program. Part 816 applies to all surface and underground mining activities conducted under the State program. When all or part of the rule appears in brackets, it is meant to apply only to underground mining activities, and when all or part of a rule is in parentheses, it applies only to surface mining activities. Parts 818 through 828 apply to certain special categories of surface coal mining and reclamation activities.
Part 816 applies to each of those special categories of operations, except to the extent that a provision of Part 818 through 828 specifically exempts a particular category from a particular requirement of Part 816.
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This Part sets forth performance standards and design requirements required for coal exploration which substantially disturbs the natural land surface or surface coal mining and reclamation operations affecting two acres or less. These performance standards and design requirements are the minimum standards which shall be required of such exploration or operations and such exploration or operations may, at the discretion of the Director, be further required to comply with the applicable performance standards and design requirements of Parts 816 through 828.
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The objectives of this Part are to -
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5-29-80
Each person who conducts coal exploration which substantially disturbs the natural land surface and which removes more than 250 tons of coal shall, while in the exploration area, possess written approval of the Director for the activities granted under Section 776.12. The written approval shall be available for review by the authorized representative of the Director upon request.
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The performance standards in this Section are applicable to coal exploration which substantially disturbs land surface.
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(SURFACE MINING ACTIVITIES) - When part of a rule is enclosed in parentheses, the portion applies to surface mining activities only. If the number of the rule is followed by a -S and the entire rule is enclosed by parentheses, the entire rule applies to surface mining activities only.
[UNDERGROUND MINING ACTIVITIES] - When part of a rule is enclosed in brackets, that portion applies to underground mining activities only. If the number of the rule is followed by a -S and the entire rule is enclosed by brackets, the entire rule applies to underground activities only.
In most instances the rule is equally applicable to surface mining activities and underground mining activities. In these instances, read the rule with the appropriate parenthetical or bracketed language; ie., read the parenthesis and ignore the brackets if you are engaged in surface operations; read brackets but ignore parenthesis if you are engaged in underground operations.
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This part sets forth the minimum environmental protection performance standards to be adopted and implemented under the State program for (surface mining activities) [underground mining activities].
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This Part is intended to ensure that all (surface mining activities) [underground mining activities] are conducted in a manner which preserves and enhances environmental and other values in accordance with the Act.
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Each exploration hole, other drill or borehole, [shaft], well, or other exposed underground opening shall be cased [lined], (sealed), or otherwise managed, as approved by the Director, to prevent acid or other toxic drainage from entering ground or other surface waters, to minimize disturbance to the prevailing hydrologic balance, and to ensure the safety of people, livestock, fish and wildlife, and machinery in the permit and adjacent area. (If these openings are uncovered or exposed by surface mining activities within the permit area they shall be permanently closed, unless approved for water monitoring, or otherwise managed in a manner approved by the Director.) [Each exploration hole, drill hole or borehole or well that is uncovered or exposed by underground mining activities within the permit area shall be permanently closed, unless approved for water monitoring or otherwise managed in a manner approved by the Director.] Use of a drilled hole or borehole or monitoring well as a water well must meet the provisions of Section 816.53 of this Part. This Section does not apply to holes solely drilled and use for blasting [in the area affected by surface operations].
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(Each exploration hole, other drill or boreholes, wells and other exposed underground openings which have been identified in the approved permit application for use to return coal processing waste or water to underground workings, or to be used to monitor groundwater conditions, shall be temporarily sealed before use and protected during use by barricades, or fences, or other protective devices approved by the Director. These devices shall be periodically inspected and maintained in good operating condition by the person who conducts the surface mining activities.)
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When no longer needed for monitoring or other use approved by the Director upon a finding of no adverse environmental or health and safety effects, or unless approved for transfer as a water well under Section 816.53, each [shaft, drift, adit, tunnel] exploration hole, other drilled hole or borehole, well, and other exposed underground opening shall be capped, sealed, backfilled, or otherwise properly managed, as required by the Director, in accordance with Sections 816.13 [and 816.50] and consistent designed to prevent access to the mine workings by people, livestock, fish and wildlife, and machinery, and to keep acid or other toxic drainage from entering ground or surface waters.
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[Ed. note: Section 816.46(b)(2) is suspended]
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Discharge from sedimentation ponds, permanent and temporary impoundments, coal processing waste dams and embankments, and diversions shall be controlled, by energy dissipators, riprap channels, and other devices where necessary, to reduce erosion, to prevent deeping or enlargement of stream channels, and to minimize disturbance of the hydrologic balance. Discharge structures shall be designed according to standard engineering design procedures.
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Drainage from acid-forming and toxic-forming (spoil) [underground development waste and spoil] into ground and surface water shall be avoided by;
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(Surface mining activities shall be conducted in a manner that facilitates reclamation which will restore approximate premining recharge capacity, through restoration of the capability of the reclaimed areas as a whole, excluding coal processing waste and underground development waste disposal areas and fills, to transmit water to the groundwater system. The recharge capacity shall be restored to a condition which -
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Before final release of bond, exploratory or monitoring wells shall be sealed in a safe and environmentally sound manner in accordance with Sections 816.13 to 816.15. With the prior approval of the Division, wells may be transferred to another party for further use. At a minimum, the conditions of such transfer shall comply with State and local laws and the permittee shall remain responsible for the proper management of the well until bond release in accordance with Sections 816.13 to 816.15
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Any person who conducts surface mining activities shall replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has been affected by contamination, diminution, or interruption proximately resulting from the surface mining activities.
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Surface water [or water from an underground mine] shall not be diverted or otherwise discharged into other underground mine workings, unless the person who conducts the (surface mining activities) [underground mining activities] demonstrates to the Director that this will -
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Before abandoning the permit area or seeking bond release, the person who conducts the (surface mining activities) [underground mining activities] shall ensure that all temporary structures are removed and reclaimed, and that all permanent sedimentation ponds, diversions, impoundments, and treatment facilities meet the requirements of this Chapter for permanent structures, have been maintained properly, and meet the requirements of the detailed design plan for permanent structures and impoundments. The operator shall renovate such structures if necessary to meet the requirements of this Chapter and to conform to the approved reclamation plan.
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(Surface mining activities) [underground mining activities] shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best appropriate technology currently available to maintain environmental integrity, so that reaffecting the land in the future through surface coal mining operations is minimized.
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Lower Frequency Limit of Measuring System, in Hz (+3dB) | Maximum Level in dB |
0.1 Hz or lower -- flat response1 | 134 Peak |
2 Hz or lower -- flat response | 133 peak |
6 Hz or lower -- flat response | 129 peak |
C - Weighted -- slow response1 | 105 peak dBc |
1Only when approved by the regulatory authority | |
Distance (d), from the blasting site, in feet | Maximum allowable peak particle velocity (Vmax) for ground vibration in inches/second1 | Scaled-distance factor to be applied without seismic monitoring2 (Ds) |
0 - 300....................... | 1.25 | 50 |
301 - 5,000................ | 1.00 | 55 |
5,001 and beyond... | 0.75 | 65 |
Figure 1
Alternative blasting level criteria
(Source Modified from Figure B-1. Bureau of Mines R18507)
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A record of each blast, including seismograph reports, shall be retained at least three years and shall be available for inspection by the Director and the public on request. The record shall contain the following data:
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5-01-87
Valley fills and head-of-hollow fills shall meet the requirements of Section 816.71 and the additional requirements of this Section.
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The Division may approve the alternative method of disposal of excess durable rock spoil by gravity placement in single or multiple lifts, provided the following conditions are met
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The design will be certified by a registered professional engineer. The spoil shall be placed on the solid portion of the bench in a controlled manner and concurrently compacted as necessary to attain a long-term static safety factor of 1.3 for all portions of the fill. Any spoil deposited on any fill portion of the bench will be treated as excess spoil fill under Sec. 816.71.
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(No surface mining activities shall be conducted closer than 500 feet to any point of either an active or abandoned underground mine, except to the extent that -
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Refuse piles shall meet the requirements of Section 816.81, the additional requirements of this Section.
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New and existing impounding structures constructed of coal mine waste or intended to impound coal mine waste shall meet the requirements of Section 816.81.
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Reclamation efforts, including, but not limited to, backfilling, grading, topsoil replacement and revegetation, of all land that is disturbed by (surface mining activities) [underground mining activities] shall occur as contemporaneously as practicable with mining operations.
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Remining operations on previously mined areas that contain a pre-existing highwall shall comply with the requirements of Sections 816.101 through 816.107, except as provided in this Section.
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Seeding and planting of disturbed areas shall be conducted during the first normal period for favorable planting conditions after final preparation. The normal period for favorable planting shall be that planting time generally accepted locally for the type of plant materials selected. When necessary to effectively control erosion, any disturbed area shall be seeded and planted, as contemporaneously as practicable with the completion of backfilling and grading, with a temporary cover of small grains, grasses, or legumes until a permanent cover is established.
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The vegetation parameters identified in paragraph (b) of this section for grazing land, pastureland, or cropland shall equal or exceed the approved success standard during the growing season of any 2 years of the responsibility period, except the first year. Areas approved for the other uses identified in paragraph (b) of this section shall equal or exceed the applicable success standard during the growing season of the last year of the responsibility period.
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[At least 6 months prior to mining, the underground mine operator shall mail a notification to all owners and occupants of surface property and structures above the underground workings. The notification shall contain, at a minimum:
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Primary roads shall meet the requirements of Section 816.150 and the additional requirements of this Section.
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Railroad loops, spurs, sidings, surface conveyor systems, chutes, aerial tramways, or other transportation facilities shall be designed, constructed or reconstructed, and maintained, and the area restored, to -
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-------See Section 816.97
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This Part sets forth the minimum performance standards with which each person who combines surface mining activities with underground mining activities must comply under a variance from the requirement that reclamation efforts proceed as contemporaneously as practicable for specific areas within the permit area.
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The objective of this Part is to ensure the maximum practicable recovery of coal resources and to avoid multiple disturbances of surface lands or waters.
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A variance under this Part applies only to those specific areas within the permit area that the person conducting combined surface and underground mining activities as shown to be necessary for implementing the proposed concurrent operations and that the Director has approved in the permit under Section 785.18. The variance is effective for any particular portion of the permit area only for the time necessary to facilitate the authorized underground mining activities.
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In addition to the requirements of Parts 816, each person who conducts combined surface and underground mining activities shall comply with the following:
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This Part sets forth environmental protection performance standards in addition to those of Part 816 for surface mining activities involving auger mining.
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The objectives of this Part are to
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Undisturbed areas of coal shall be left in unmined sections which
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This part sets forth special environmental protection performance, reclamation, and design standards for surface coal mining and reclamation operations on prime farmland.
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The requirements of this part shall not apply to - [Ed. note: Section 823.11(a) is suspended "insofar as it excludes from the requirements of Part 823 those coal preparation plants, support facilities, and roads that are part of surface mining activities".]
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This part sets forth special environmental protection performance, reclamation, and design standards for surface coal mining activities constituting mountaintop removal mining.
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The objectives of this Part are to
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This Part sets forth requirements for coal processing plants and their support facilities not located within the permit area for a mine, to ensure the protection of public property and the environment, in accordance with the Act.
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Each person who conducts surface coal mining and reclamation operations, which includes the operation of a coal processing plant or support facility which is not located within the permit area for a specific mine, shall obtain a permit in accordance with Section 785.21 of this Chapter, obtain a bond in accordance with Subchapter J of this Chapter, and operate that plant in accordance with the requirements of this Part.
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Construction, operation, maintenance, modification, reclamation, and removal activities at operations covered by this Part shall comply with the following
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This Part sets forth special environmental protection performance, reclamation and design standards for in situ processing activities.
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This Part is intended to ensure that all in situ processing activities are conducted in a manner which preserves and enhances environmental values in accordance with the Act. This Part provides additional performance, reclamation and design standards to reflect the nature of in situ processing.
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This Part sets forth general procedures governing inspections under the State program.
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Any person who is or may be adversely affected by a surface coal mining and reclamation operation or a coal exploration operation may notify the Director in writing of any alleged failure on the part of the Division to make adequate and complete or periodic inspections as provided in this Part. The notification shall include sufficient information to create a reasonable belief that the rules of this Part are not being complied with and to demonstrate that the person is or may be adversely affected. The Director shall within fifteen days following receipt of the notification determine whether adequate and complete or periodic inspections have been made, and if not, shall immediately order an inspection to remedy the noncompliance. The Director shall also furnish the complainant with a written statement of the reasons for such determination and the actions, if any, taken to remedy the noncompliance.
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This Part sets forth general rules regarding enforcement by the Division of the Act, this Chapter, the State program, and all conditions of permits and coal exploration approvals imposed under the State program, the Act, or this Chapter. Civil penalties in connection with notices of violation and cessation orders issued under this Part are set forth in Part 845.
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No notice of violation, cessation order, show cause order, or order revoking or suspending a permit may be vacated because it is subsequently determined that the Director did not have information sufficient, under Section 842.11(b)(1) and 842.11(b)(2), to justify an inspection.
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The commission or the Director may institute in the chancery court of any county a civil action for relief in accordance with Section 25 of the Act.
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This Part covers the assessment of civil penalties under Section 18 of the Act with respect to cessation orders and notices of violation issued under Part 843 (Enforcement).
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Civil penalties are assessed under Section 18 of the Act and this Part to deter violations and to ensure maximum compliance with the terms and purposes of the Act on the part of the coal mining industry.
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The Director shall review each notice of violation and cessation order in accordance with the assessment procedures described in Sections 845.12 through 845.16 to determine whether a civil penalty will be assessed, the amount of the penalty, and whether each day of a continuing violation will be deemed a separate violation for purposes of the total penalty assessed.
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PROBABILITY OF OCCURRENCE | POINTS |
None | 0 |
Insignificant | 1-04 |
Unlikely | 5-09 |
Likely | 10-14 |
Occurred | 15 |
DEGREE OF GOOD FAITH | POINTS |
Rapid compliance | -1 to -10 |
Normal compliance | 0 |
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The Director shall determine the amount of any civil penalty by converting the total number of points assigned under Section 845.13 to a dollar amount, according to the following schedule
POINTS | DOLLARS | POINTS | DOLLARS |
1 | 20 | 37 | $1,700 |
2 | 40 | 38 | 1,800 |
3 | 60 | 39 | 1,900 |
4 | 80 | 40 | 2,000 |
5 | 100 | 41 | 2,100 |
6 | 120 | 42 | 2,200 |
7 | 140 | 43 | 2,300 |
8 | 160 | 44 | 2,400 |
9 | 180 | 45 | 2,500 |
10 | 200 | 46 | 2,600 |
11 | 220 | 47 | 2,700 |
12 | 240 | 48 | 2,800 |
13 | 260 | 49 | 2,900 |
14 | 280 | 50 | 3,000 |
15 | 300 | 51 | 3,100 |
16 | 320 | 52 | 3,200 |
17 | 340 | 53 | 3,300 |
18 | 360 | 54 | 3,400 |
19 | 380 | 55 | 3,500 |
20 | 400 | 56 | 3,600 |
21 | 420 | 57 | 3,700 |
22 | 440 | 58 | 3,800 |
23 | 460 | 59 | 3,900 |
24 | 480 | 60 | 4,000 |
25 | 500 | 61 | 4,100 |
26 | 600 | 62 | 4,200 |
27 | 700 | 63 | 4,300 |
28 | 800 | 64 | 4,400 |
29 | 900 | 65 | 4,500 |
30 | 1,000 | 66 | 4,600 |
31 | 1,100 | 67 | 4,700 |
32 | 1,200 | 68 | 4,800 |
33 | 1,300 | 69 | 4,900 |
34 | 1,400 | 70 | 5,000 |
35 | 1,500 | and | |
36 | 1,600 | above |
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That a failure by the Commission to hold such conference within 60 days shall not be grounds for dismissal of all or part of an assessment unless the person against whom the proposed penalty has been assessed proves actual prejudice as a result of the delay.
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This part covers the assessment of individual civil penalties under Section 20 of the Act.
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For purposes of this part:
Knowingly means that an individual knew or had reason to know in authorizing, ordering or carrying an act or omission on the part of a corporate permittee that such act or omission constituted a violation, failure or refusal.
Violation, failure or refusal means -
Willfully means that an individual acted -
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This Part establishes the requirements and procedures applicable to the development of Division of Environmental Quality (DEQ) programs for training, examination, and certification of persons engaging in or directly responsible for the use of explosives in surface coal mining operations.
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As used in this Part
Blaster means a person who is certified to prepare, execute, and supervise blasts at the blast site in surface coal mining and reclamation operations.
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The objectives of this Part are to provide an overview of the State Abandoned Mine Land Reclamation Program responsibilities and to provide detailed procedures for administration of State Abandoned Mine Land Reclamation Fund.
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The Director is responsible for
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This Part establishes general requirements for the selection of work to be performed with moneys from the State Abandoned Mine Reclamation Fund. It includes land and water eligibility requirements, reclamation project objectives and standards, and project selection and evaluation factors.
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The objectives of this Part are to establish conditions for the use of State Abandoned Mine Reclamation Funds.
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Left or abandoned in either an unreclaimed or inadequately reclaimed condition means lands and water:
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The provisions of this Part apply to all reclamation projects to be carried out with money from the State Fund.
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Reclamation projects shall meet one or more of the objectives stated in this Section. The objectives are stated in the order of priority with the highest priority first. Preference among those projects competing for available resources shall be given to projects meeting higher priority objectives.
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This Part establishes procedures for entry to lands or property by the Director or his authorized representative under the State Reclamation Plan, for the purposes of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and for the purpose of performing reclamation work.
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The Director or his authorized representative shall take all reasonable actions to obtain written consent from the owner of record of the land or property to be entered in advance of such entry. The consent shall be in the form of a signed statement by the owner of record or his authorized agent which, at a minimum, includes a legal description of the land to be entered, the projected nature of work to be performed on the lands and any special conditions for entry. The statement shall not include any commitment by the Division to perform reclamation work nor to compensate the owner for entry.
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If the owner is not known, or the current mailing address of the owner is not known, or the owner is not readily available, the notice shall be posted in one or more places on the property to be entered where it is readily visible to the public and advertised once in a newspaper of general circulation in the locality in which the land is located. Notice shall be given at least 30 days before entry.
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This Part establishes procedures for acquisition, management, and disposition of eligible land and water for reclamation purposes by the Division under the State Reclamation Plan. It also establishes requirements for the collection of charges for the use of acquired land and disposition of the proceeds from the use or sale of acquired land.
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This Part authorizes reclamation on private land and establishes procedures for recovery of the cost of reclamation activities conducted on privately owned land by the Division.
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Reclamation activities may be carried out on private land if a consent to enter is obtained under Sec. 877.11, or if entry is required and made under Sections 877.13 or 877.14.
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The following persons shall be made a party to any proceeding initiated pursuant to these rules:
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Presiding Officer, service thereafter shall be made upon the attorney.
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Any party who initiated a proceeding may seek to withdraw by moving to dismiss at any stage of a proceeding and the Presiding Officer may grant such a motion.
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When proceedings involving a common question of law or fact are pending before a Presiding Officer, such proceedings are subject to consolidation pursuant to a motion by a party or at the initiative of the Presiding Officer.
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Any person initiating a proceeding who is entitled to a hearing under the Act must request such hearing in writing within ten (10) days of the date such person first notifies the Division, in writing, of his objection to the decision, notice or order. Where parties are directed by any section in these rules to file a responsive pleading on or before a specified time, such party must request a hearing, in writing, on or before the same specified time, and any party who fails to file such responsive pleading by the time specified, may be deemed to have waived his right to a hearing.
REVIEW
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Except where temporary relief is granted pursuant to Part 950, administrative notices and administrative orders or decisions issued under the Act shall remain in effect during the pendency of review before the Commission.
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A Presiding Officer or officers shall preside over any hearing conducted under these rules.
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Upon motion or upon the initiative of the Presiding Officer, the Presiding Officer may certify to the Circuit Court a ruling which does not finally dispose of the case if the ruling presents a controlling question of law and an immediate appeal would materially advance ultimate disposition by the Presiding Officer.
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At any time after a proceeding has begun, a party may move for summary decision of the whole or part of a case in accordance with Rule 45, Arkansas Rules of Civil Procedure.
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The Presiding Officer shall offer the parties to a proceeding the opportunity to submit proposed findings of fact and conclusions of law together with a supporting brief at a time designated by the Presiding Officer.
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An initial order or decision disposing of a case shall incorporate
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An initial order or decision shall become final if that order or decision is not timely appealed to a Court of competent jurisdiction.
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Parti es may obtain discovery in accordance with Rules 26-34 and Rule 36 of the Arkansas Rules of Civil Procedure, and the Presiding Officer may take such actions as are authorized by the "Court" in such rules.
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Any person who is or may be adversely affected by a written decision of the Commission may appeal to the Circuit Court of Pulaski County, or the Circuit Court of any county in which the involved surface coal mining operation is located.
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Any party served with a notice of appeal who wishes to participate in the proceedings on appeal shall file an answer with the Commission Secretary within 20 days after service of the notice of appeal.
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The filing of a notice of appeal shall not automatically stay enforcement of the Commission's action, but the reviewing court may do so if
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Unless a longer period of time is granted by the Court, (or a shorter period in the case of an expedited review) briefs shall be submitted as follows
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Any person may file a petition for award of costs and expenses including attorneys fees reasonably incurred as a result of that person's participation in any administrative proceedings under the Act which results in final order being issued by the Commission.
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The petition for an award of costs and expenses including attorneys' fees must be filed with the Presiding Officer who issued the final order, within forty-five (45) days of receipt of such order. Failure to make a timely filing of the petition may constitute a waiver of the right to such an award.
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Any person served with a copy of the petition shall have thirty (30) days from service of the petition within which to file an answer to such petition.
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Appropriate costs and expenses including attorneys' fees may be awarded
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An award under this Part 970 may include
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Any person aggrieved by a decision concerning the award of costs and expenses in an administrative proceeding under this Part 970 may appeal such award under procedures set forth in Part 960 et seq., unless the Court has made the initial decision concerning such an award.
118.01.21 Ark. Code R. 012