UNDERGROUND MINING GENERAL PERFORMANCE STANDARDS

[Title 30 CFR 717]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 30 - MINERAL RESOURCES]
[Chapter Vii - OFFICE OF SURFACE]
[Subchapter B - INITIAL PROGRAM REGULATIONS]
[Part 717 - UNDERGROUND MINING GENERAL PERFORMANCE STANDARDS]
[From the U.S. Government Printing Office]

30MINERAL RESOURCES32002-07-012002-07-01falseUNDERGROUND MINING GENERAL PERFORMANCE STANDARDS717PART 717MINERAL RESOURCESOFFICE OF SURFACEINITIAL PROGRAM REGULATIONS
PART 717--UNDERGROUND MINING GENERAL PERFORMANCE STANDARDS--Table of Contents

Sec.
717.10 Information collection.
717.11 General obligations.
717.12 Signs and markers.
717.13 [Reserved]
717.14 Backfilling and grading of road cuts, mine entry area cuts, and
other surface work areas.
717.15 Disposal of excess rock and earth materials on surface areas.
717.16 [Reserved]
717.17 Protection of the hydrologic system.
717.18 Dams constructed of or impounding waste material.
717.19 [Reserved]

[[Page 97]]

717.20 Topsoil handling and revegetation.

Authority: Secs. 201 and 501, Pub. L. 95-87, 91 Stat. 445 (30 U.S.C.
1201).

Source: 42 FR 62695, Dec. 13, 1977, unless otherwise noted.

Sec. 717.10 Information collection.

The Office of Management and Budget has determined that the
information collection requirements contained in 30 CFR part 717 do not
require approval under the Paperwork Reduction Act.

[59 FR 43420, Aug. 23, 1994]

Sec. 717.11 General obligations.

(a) Compliance. All underground coal mining and associated
reclamation operations conducted on lands where any element of the
operations is regulated by a State shall comply with the initial
performance standards of this part according to the time schedule
specified in Sec. 710.11.
(1) For the purposes of this part, underground coal mining and
associated reclamation operations mean a combination of surface
operations and underground operations. Surface operations include
construction, use, and reclamation of new and existing access and haul
roads, aboveground repair areas, storage areas, processing areas,
shipping areas, and areas upon which are sited support facilities
including hoist and ventilating ducts, and on which materials incident
to underground mining operations are placed. Underground operations
include underground construction, operation, and reclamation of shafts,
adits, underground support facilities, underground mining, hauling,
storage, and blasting.
(2) For the purpose of this part the term permittee means the person
permitted to conduct underground mining operations by a State or if no
permit is issued in the State, the person operating a mine.
(3) For the purpose of this part, Disturbed areas means surface work
areas and lands affected by surface operations including, but not
limited to, roads, mine entry excavations, above ground (surface) work
areas, such as tipples, coal processing facilities and other operating
facilities, waste work and spoil disposal areas, and mine waste
impoundments or embankments.
(4) Where State environmental protection standards are adopted for a
specific State because they are more stringent than the standards of
this part, they will be published in part 718 of this chapter.
(b) Authorizations to operate. A copy of all current permits,
licenses, approved plans or other authorizations to operate the mine
shall be available for inspection at or near the mine site.

Sec. 717.12 Signs and markers.

(a) Specifications. All signs required to be posted shall be of a
standard design that can be seen and read easily and shall be made of
durable material, and shall conform to local ordinances and codes. The
signs and other markers shall be maintained during all operations to
which they pertain.
(b) Mine and permit identification signs. Signs identifying the mine
area shall be displayed at all points of access to the permit area from
public highways. Signs shall show the name, business address, and
telephone number of the permittee and identification numbers of current
mining and reclamation permits or other authorizations to operate. Such
signs shall not be removed until after release of all bonds.

Sec. 717.13 [Reserved]

Sec. 717.14 Backfilling and grading of road cuts, mine entry area cuts, and other surface work areas.

(a) Upon completion of underground mining, surface work areas which
are involved in excavation, disposal of materials, or otherwise
affected, shall be regraded to approximate original contour. The
permittee shall transport, backfill and compact fill material to assure
stability or to prevent leaching of toxic pollutants. Barren rock or
similar materials excess to the mining operations and which are disposed
on the land surface shall be subject to the provision of Sec. 717.15 of
this part. Roads and support facility areas existing prior to the
effective date of this part and used in support of underground mining
operations which are subject to this part shall be regraded to the
extent deemed feasible by the regulatory authority based on the
availability of

[[Page 98]]

backfill material and resulting stability of the affected lands after
reclamation. As a minimum, the permittee shall be required to:
(1) Retain all earth, rock and other mineral nonwaste materials on
the solid portion of existing or new benches, except that the regulatory
authority may permit placement of such material at the site of the
faceup as a means of disposing of excavated spoil when additional
working space is needed to facilitate operations. Such placement of
material shall be limited to minimize disturbance of land and to the
hydrologic balance. Such fills shall be stabilized with vegetation and
shall achieve a minimum static safety factor of 1.5. In no case shall
the outslope exceed the angle of repose.
(2) Backfill and grade to the most moderate slope possible to
eliminate any highwall along roads, mine entry faces or other areas.
Slopes shall not exceed the angle of repose or such lesser slopes as
required by the regulatory authority to maintain stability.
(b) On approval by the regulatory authority and in order to conserve
soil moisture, ensure stability, and control erosion on final graded
slopes, cut-and-fill terraces may be allowed if the terraces are
appropriate substitutes for construction of lower grades on the
reclaimed lands. The terraces shall meet the following requirements:
(1) The width of the individual terrace bench shall not exceed 20
feet unless specifically approved by the regulatory authority as
necessary for stability erosion control, or roads.
(2) The vertical distance between terraces shall be as specified by
the regulatory authority to prevent excessive erosion and to provide
long/term stability.
(3) The slope of the terrace outslope shall not exceed 1v:2h (50
percent). Outslopes which exceed 1v:2h (50 percent) may be approved if
they have a minimum static safety factor of 1.5 of more and provide
adequate control over erosion and closely resemble the surface
configuration of the land prior to mining. In no case may highwalls be
left as part of terraces.
(4) Culverts and underground rock drains shall be used on the
terrace only when approved by the regulatory authority.
(c) All surface operations on steep slopes of 20 degrees or more or
on such lesser slopes as the regulatory authority define as a steep
slope shall be conducted so as not to place any material on the
downslope below road cuts, mine working or other benches, other than in
conformance with paragraph (a)(1) of this part.
(d) Regrading or stabilizing rills and gullies. When rills or
gullies deeper than 9 inches form in areas tht have been regraded and
the topsoil replaced but vegetation has not yet been established, the
permittee shall fill, grade, or otherwise stabilize the rills and
gullies and reseed or replant the areas according to Sec. 717.20. The
regulatory authority shall specify that erosional features of lesser
size be stabilized if they result in additional erosion and
sedimentation.
(e) Covering coal and acid-forming, toxic-forming, combustible, and
other waste materials; stabilizing backfilled materials; and using waste
material for fill. Any acid-forming, toxic-forming, combustible
materials, or any other waste materials as identified by the regulatory
authority that are exposed, used, or produced during underground mining
and which are deposited on the land surface shall, after placement in
accordance with Sec. 717.15 of this part, be covered with a minimum of 4
feet of nontoxic and noncombustible material; or, if necessary, treated
to neutralize toxicity, in order to prevent water pollution and
sustained combustion, and to minimize adverse effects on plant growth
and land uses. Where necessary to protect against upward migration of
salts, exposure by erosion, to provide an adequate depth for plant
growth, or to otherwise meet local conditions, the regulatory authority
shall specify thicker amount of cover using nontoxic material. Acid-
forming or toxic-forming material shall not be buried or stored in
proximity to a drainage course so as to cause or pose a threat of water
pollution or otherwise violate the provisions of Sec. 717.17 of this
part.
(f) Grading along the contour. All final grading, preparation of
earth, rock and other nonwaste materials before replacement of topsoil,
and placement of

[[Page 99]]

topsoil in accordance with Sec. 717.20, shall be done along the contour
to minimize subsequent erosion and instability. If such grading,
preparation or placement along the contour would be hazardous to
equipment operators, grading, preparation or placement in a direction
other than generally parallel to the contour may be used. In all cases,
grading, preparation or placement shall be conducted in a manner which
minimizes erosion and provides a surface for replacement of topsoil
which will minimize slippage.

Sec. 717.15 Disposal of excess rock and earth materials on surface areas.

Excess rock and earth materials produced from an underground mine
and not disposed in underground workings or used in backfilling and
grading operations shall be placed in surface disposal areas in
accordance with requirements of Sec. 715.15. Where the volume of such
material is small and its chemical and physical characteristics do not
pose a threat to either public safety or the environment, the regulatory
authority may modify the requirements of Sec. 715.15 in accordance with
Sec. 717.14(a)(1).

Sec. 717.16 [Reserved]

Sec. 717.17 Protection of the hydrologic system.

The permittee shall plan and conduct underground coal mining and
reclamation operations to minimize disturbance of the prevailing
hydrologic balance in order to prevent long-term adverse changes in the
hydrologic balance that could result from underground coal mining
operations, both on and off site. changes in water quality and quantity,
in the depth to ground water, and in the location of surface water
drainage channels shall be minimized and applicable Federal and State
statutes and regulations shall not be violated. The permittee shall
conduct operations so as to minimize water pollution and shall, where
necessary, use treatment methods to control water pollution. The
permittee shall emphasize underground coal mining and reclamation
practices that will prevent or minimize water pollution and changes in
flows in preference to the use of water treatment facilities prior to
discharge to surface waters. Practices to control and minimize pollution
include, but are not limited to, diverting water from underground
workings or preventing water contact with acid- or toxic-forming
materials, and minimizing water contact time with waste materials,
maintaining mine barriers to enhance postmining inundation and sealing,
establishing disturbed areas through grading, diverting runoff,
achieving quick growing stands of temporary vegetation, and lining
drainage channels. If treatment is required to eliminate pollution of
surface or ground waters, the permittee shall operate and maintain the
necessary water treatment facilities as set forth in this section.
(a) Water quality standards and effluent limitations. (1) All
surface drainage from the disturbed area, including disturbed areas that
have been graded, seeded or planted and which remain subject to the
requirements of this section, except for drainage from disturbed areas
that have met the requirements of Sec. 717.20 shall be passed through a
sedimentation pond or a series of sedimentation ponds prior to leaving
the permit area. All waters which flow or are removed from underground
operations or underground waters which are removed from other areas to
facilitate mining and which discharge to surface waters must be passed
through appropriate treatment facilities prior to discharge where
necessary to meet effluent limitations.
(2) For purposes of this section only, disturbed areas shall include
areas of surface operations but shall not include those areas in which
only diversion ditches, sedimentation ponds, or roads are installed in
accordance with this section and the upstream area is not otherwise
disturbed by the permittee. Disturbed areas shall not include those
surface areas overlying the underground working unless those areas are
also disturbed by surface operations such as fill (disposal) areas,
support facilities areas, or other major activities which create a risk
of pollution.
(3) The regulatory authority may grant exemptions from this
requirement only when the disturbed drainage

[[Page 100]]

area within the total disturbed area is small and if the permittee shows
that sedimentation ponds are not necessary to meet effluent limitations
of this paragraph and to maintain water quality in downstream receiving
waters. Sedimentation ponds required by this paragraph shall be
constructed in accordance with paragraph (e) of this section in
appropriate locations prior to any mining in the affected drainage area
in order to control sedimentation or otherwise treat water in accordance
with this paragraph. Discharges from areas disturbed by underground
operation and by surface operation and reclamation activities conducted
thereon, must meet all applicable Federal and State regulations and, at
a minimum, the following numerical effluent limitations:

Effluent Limitations, in Milligrams Per Liter, mg/l Except for pH
------------------------------------------------------------------------
Average of
daily
values for
Effluent characteristics Maximum 30
allowable \1\ consecutive
discharge
days \1\
------------------------------------------------------------------------
Iron, total................................. 7.0 3.5
Manganese, total............................ 4.0 2.0
Total suspended solids \2\.................. 70.0 35.0
pH \3\...................................... (\4\) (\4\)
------------------------------------------------------------------------
\1\ Based on representative sampling.
\2\ In Arizona, Colorado, Montana, New Mexico, North Dakota, South
Dakota, Utah, and Wyoming, total suspended solids limitations will be
determined on a case-by-case basis, but they must not be greater than
45/mg/l (maximum allowable) and 30 mg/l (average of daily value for 30
consecutive discharge days) based on a representative sampling.
\3\ Where the application of neutralization and sedimentation treatment
technology results in inability to comply with the manganese
limitations set forth, the regulatory authority may allow the pH level
in the discharge to exceed to a small extent the upper limit of 9.0 in
order that the manganese limitations will be achieved.
\4\ Within the range 6.0 to 9.0.

(i) Any overflow or other discharge of surface water from the
disturbed area within the permit area demonstrated by the permittee to
result from a precipitation event larger than the 10-year 24-hour
frequency event will not be subject to the effluent limitations of
paragraph (a).
(ii) The permittee shall install, operate, and maintain adequate
facilities to treat any water discharged from the disturbed area that
violates applicable Federal or State regulations or the limitations of
paragraph (a). If the pH of waters to be discharged from the disturbed
area is normally less than 6.0, an automatic lime feeder or other
neutralization process approved by the regulatory authority shall be
installed, operated, and maintained. If the regulatory authority finds
that small and infrequent treatment requirements to meet applicable
standards do not necessitate use of an automatic neutralization process,
and the mine normally produces less than 500 tons of coal per day, the
regulatory authority can approve the use of a manual system if the
permittee agrees to insure that consistent and timely treatment is
carried out.
(iii) The effluent limitations for manganese shall be applicable
only to acid drainage.
(b) Surface water monitoring. (1) The permittee shall submit for
approval by the regulatory authority a surface water monitoring program
which meets the following requirements:
(i) Provides adequate monitoring of all discharge from the disturbed
area and from the underground operations.
(ii) Provides adequate data to describe the likely daily and
seasonal variation in discharges from the disturbed area in terms of
flow, pH, total iron, total manganese, and total suspended solids and,
as requested by the regulatory authority, any other parameter
characteristic of the discharge.
(iii) Provides monitoring at appropriate frequencies to measure
normal and abnormal variations in concentration.
(iv) Provides an analytical quality control system including
standard methods of analysis such as those specified in 40 CFR part 136.
(v) Within sixty (60) days of the end of each sixty (60) day sample
collection period, a report of all samples shall be made to the
regulatory authority, unless the discharge for which water monitoring
reports are required is subject to regulation by a National Pollution
Discharge Elimination System (NPDES) permit issued in compliance with
the Clean Water Act of 1977 (33 U.S.C. 1251--1378), (A) which includes
equivalent reporting requirements, and (B) which requires filing of the
water monitoring reports within 90 days or less of sample collection.

For such discharges, the reporting requirements of this paragraph may be

[[Page 101]]

satisfied by submitting to the regulatory authority on the same time
schedule as required by the NPDES permit or within ninety (90) days
following sample collection, whichever is earlier, either (1) a copy of
the completed reporting form filed to meet the NPDES permit
requirements, or (2) a letter identifying the State or Federal
government official with whom the reporting form was filed to meet the
NPDES permit requirements and the date of filing. In all cases in which
analytical results of the sample collections indicate a violation of a
permit condition or applicable standard has occurred, the operator shall
notify the regulatory authority immediately. Where an NPDES permit
effluent limitation requirement has been violated, the permittee should
forward a copy of the Discharge Monitoring Report, EPA Form 3320-1,
concurrently with notification of the violation.
(2) Equipment, structures, or other measures necessary to accurately
measure and sample the quality and quantity of surface water discharges
from the disturbed area of the permit area shall be properly installed,
maintained and operated and shall be removed when no longer required.
(c) Diversion and conveyance of overland flow away from disturbed
areas. In order to minimize erosion and to prevent or remove water from
contacting toxic-producing deposits, overland flow from undisturbed
areas may, as required or approved by the regulatory authority, be
diverted away from disturbed areas by means of temporary or permanent
diversion structures. The following requirements shall be met for such
diversions:
(1) Temporary diversion structures shall be constructed to safely
pass the peak runoff from a precipitation event with a one year
recurrence interval, or a larger event as specified by the regulatory
authority. The design criteria must assure adequate protection of the
environment and public during the existence of the temporary diversion
structure.
(2) Permanent diversion structures are those remaining after mining
and reclamation and approved for retention by the regulatory authority
and other appropriate State and Federal agencies. To protect fills and
property, to prevent water from contacting toxic-producing deposits, and
to avoid danger to public health and safety, permanent diversion
structures shall be constructed to safely pass the peak runoff from a
precipitation event with a 100-year recurrence interval or a larger
event as specified by the regulatory authority. Permanent diversion
structures shall be constructed with gently sloping banks that are
stabilized by vegetation. Asphalt, concrete, or other similar linings
shall not be used unless specifically required to prevent seepage or to
provide stability and they are approved by the regulatory authority.
(3) Diversions shall be designed, constructed, and maintained in a
manner so as to prevent additional contributions of suspended solids to
streamflow, or to runoff outside the permit area to the extent possible,
using the best technology currently available. In no event shall such
contributions be in excess of requirements set by applicable State or
Federal law. Appropriate sediment control measures for these diversions
shall include, but not be limited to, maintenance of appropriate
gradients, channel lining, vegetation, and roughness structures and
detention basins.
(d) Stream channel diversions. In the event that the regulatory
authority permits diversion of streams, the regulations of
Sec. 715.17(d) shall apply.
(e) Sedimentation ponds--(1) General requirements. Sedimentation
ponds shall be used individually or in series and shall:
(i) Be constructed before any disturbance of the undisturbed area to
be drained into the pond and prior to any discharge of water to surface
waters from underground mine workings;
(ii) Be located as near as possible to the disturbed area and out of
perennial streams, unless approved by the regulatory authority,
(iii) Meet all the criteria of the section.
(2) Sediment storage volume. Sedimentation ponds shall provide a
minimum sediment storage volume.
(3) Detention time. Sedimentation ponds shall provide the required
theoretical detention time for the water inflow or runoff entering the
pond from a

[[Page 102]]

10-year, 24-hour precipitation event (design event), plus the average
inflow from the underground mine.
(4) Dewatering. The water storage resulting from inflow shall be
removed by a nonclogging dewatering device or a conduit spillway
approved by the regulatory authority. The dewatering device shall not be
located at a lower elevation than the maximum elevation of the
sedimentation storage volume.
(5) Each person who conducts underground mining activities shall
design, construct, and maintain sedimentation ponds to prevent short-
circuiting to the extent possible.
(6) The design, construction, and maintenance of a sedimentation
pond or other sediment control measures in accordance with this section
shall not relieve the person from compliance with applicable effluent
limitations as contained in paragraph (a) of this section.
(7) There shall be no out-flow through the emergency spillway during
the passage of the runoff resulting from the 10-year, 24-hour
precipitation events and lesser events through the sedimentation pond,
regardless of the volume of water and sediment present from the
underground mine during the runoff.
(8) Sediment shall be removed from sedimentation ponds.
(9) An appropriate combination of principal and emergency spillways
shall be provided to discharge safely the runoff from a 25-year, 24-hour
precipitation event, or larger event specified by the regulatory
authority, plus any inflow from the underground mine. The elevation of
the crest of the emergency spillway shall be a Minimum of 1.0 foot above
the crest of the principal spillway. Emergency spillway grades and
allowable velocities shall be approved by the regulatory authority.
(10) The minimum elevation of the top of the settled embankment
shall be 1.0 foot above the water surface in the pond with the emergency
spillway flowing at design depth. For embankments subject to settlement,
this 1.0 foot minimum elevation requirement shall apply at all times,
including the period after settlement.
(11) The constructed height of the dam shall be increased a minimum
of 5 percent over the design height to allow for settlement, unless it
has been demonstrated to the regulatory authority that the material used
and the design will ensure against all settlement.
(12) The minimum top width of the embankment shall not be less than
the quotient of (H+35)/5, where H, in feet, is the height of the
embankment as measured from the upstream toe of the embankment.
(13) The combined upstream and downstream side slopes of the settled
embankment shall not be less than 1v:5h, with neither slope steeper than
1v:2h, Slopes shall be designed to be stable in all cases, even if
flatter side slopes are required.
(14) The embankment foundation area shall be cleared of all organic
matter, all surfaces sloped to no steeper than 1v:1h, and the entire
foundation surface scarified.
(15) The fill material shall be free of sod, large roots, other
large vegetative matter, and frozen soil, and in no case shall coal-
processing waste be used.
(16) The placing and spreading of fill material shall be started at
the lowest point of the foundation. The fill shall be brought up in
horizontal layers of such thickness as is required to facilitate
compaction and meet the design requirement of this section. Compaction
shall be conducted as specified in the design approved by the regulatory
authority.
(17) If a sedimentation pond has an embankment that is more than 20
feet in height, as measured from the upstream top of the embankment to
the crest of the emergency spillway, or has a storage volume of 20 acre-
feet or more, the following additional requirements shall be met:
(i) An appropriate combination of principal and emergency spillways
shall be provided to safely discharge the runoff resulting from a 100-
year, 24-hour precipitation event, or a larger event specified by the
regulatory authority, plus any in-flow from the underground mine.
(ii) The embankment shall be designed and constructed with an
acceptable static safety factor of at least 1.5, or a higher safety
factor as designated by the regulatory authority to ensure stability.

[[Page 103]]

(iii) Appropriate barriers shall be provided to control seepage
along conduits that extend through the embankment.
(iv) The criteria of the Mine Safety and Health Administration as
published in 30 CFR 77.216 shall be met.
(18) Each pond shall be designed and inspected during construction
under the supervision of, and certified after construction by, a
registered professional engineer.
(19) The entire embankment including the surrounding areas disturbed
by construction shall be stabilized with respect to erosion by a
vegetative cover or other means immediately after the embankment is
completed. The active upstream face of the embankment where water is
being impounded may be riprapped or otherwise stabilized. Areas in which
the vegetation is not successful or where rills and guillies develop
shall be repaired and revegetated, in accordance with Sec. 717.20.
(20) All ponds, including those not meeting the size or other
criteria of 30 CFR 77.216(a), shall be examined for structural weakness,
erosion, and other hazardous conditions and reports and notifications
shall be made to the regulatory authority, in accordance with 30 CFR
77.216-3. With the approval of the regulatory authority, dams not
meeting these criteria (30 CFR 77.216(a)) shall be examined four times
per year.
(21) Sedimentation ponds shall not be removed until the disturbed
area has been restored and the vegetation requirements of Sec. 715.20
are met and the drainage entering the pond has met the applicable State
and Federal water quality requirements for the receiving stream. When
the sedimentation pond is removed, the affected land shall be regraded
and revegetated in accordance with Secs. 717.14 and 717.20, unless the
pond has been approved by the regulatory authority for retention as
compatible with the approved post-mining land use paragraph (k) of this
section. If the regulatory authority approves retention, the
sedimentation pond shall meet all the requirements for permanent
impoundments of paragraph (k).
(22)(i) Where surface mining activities are proposed to be conducted
on steep slopes, as defined in Sec. 716.2 of this chapter, special
sediment control measures may be followed if the person has demonstrated
to the regulatory authority that a sedimentation pond (or series of
ponds) constructed according to paragraph (e) of this section--
(A) Will jeopardize public health or safety; or
(B) Will result in contributions of suspended solids to streamflow
in excess of the incremental sediment volume trapped by the additional
pond size required.
(ii) Special sediment control measures shall include but not be
limited to--
(A) Designing, constructing, and maintaining a sedimentation pond as
near as physically possible to the disturbed area which complies with
the design criteria of this section to the maximum extent possible.
(B) A plan and commitment to employ sufficient onsite sedimentation
control measures including bench sediment storage, filtration by natural
vegetation, mulching, and prompt revegetation which, in conjunction with
the required sediment pond, will achieve and maintain applicable
effluent limitations. The plan submitted pursuant to this paragraph
shall include a detailed description of all onsite control measures to
be employed, a quantitative analysis demonstrating that onsite
sedimentation control measures, in conjunction with the required
sedimentation pond, will achieve and maintain applicable effluent
limitations, and maps depicting the location of all onsite sedimentation
control measures.
(f) Discharge structures. Discharges from sedimentation ponds and
diversion structures shall be controlled, where necessary, using energy
dissipators, surge ponds, and other devices to reduce erosion and
prevent deepening or enlargement of stream channels and to minimize
disturbances to the hydrologic balance.
(g) Acid and toxic materials. Drainage to ground and surface waters
which emanates from acid-forming or toxic-forming mine waste materials
and spoils placed on the land surface shall be avoided by--

[[Page 104]]

(1) Identifying, burying, and treating where necessary, spoil or
other materials that, in the judgment of the regulatory authority, will
be toxic to vegetation or that will adversely affect water quality if
not treated or buried. Such material shall be disposed in accordance
with the provision of Sec. 717.14(e);
(2) Preventing or removing water from contact with toxic-producing
deposits;
(3) Burying or otherwise treating all toxic or harmful materials
within 30 days if such materials are subject to wind and water erosion,
or within a lesser period designated by the regulatory authority. If
storage of such materials is approved, the materials shall be placed on
impermeable material and protected from erosion and contact with surface
water. Coal waste ponds and other coal waste materials shall be
maintained according to paragraph (g)(4) of this section and Sec. 717.18
shall apply;
(4) Burying or otherwise treating waste materials from coal
preparation plants no later than 90 days after the cessation of the
filling of the disposal area. Burial or treatment shall be in accordance
with Sec. 717.14(e) of this part;
(5) Casing, sealings, or otherwise managing boreholes, shafts,
wells, and auger holes or other more or less horizontal holes to prevent
pollution of surface or ground water and to prevent mixing of ground
waters of significantly different quality. All boreholes that are within
the permit area but are outside the surface coal mining area or which
extend beneath the coal to be mined and into water-bearing strata shall
be plugged permanently in a manner approved by the regulatory authority,
unless boreholes have been approved for use in monitoring.
(h) Ground water systems. (1) Underground operations shall be
conducted to minimize adverse effects on ground water flow and quality,
and to minimize offsite effects. The permittee will be responsible for
performing monitoring according to paragraph (h)(2) of this section to
ensure operations conform to this requirement.
(2) Ground water levels, subsurface flow and storage
characteristics, and the quality of ground water shall be monitored in a
manner approved by the regulatory authority to determine the effects of
underground coal mining operations on the quantity and quality of water
in ground water systems at the mine area and in associated offsite
areas. When operations are conducted in such a manner that may affect
the ground water system, ground water levels and ground water quality
shall be periodically monitored using wells which can adequately reflect
changes in ground water quantity and quality resulting from such
operations. Sufficient water wells must be used by the permittee. The
regulatory authority may require drilling and development of additional
wells if needed to adequately monitor the ground water system. As
specified and approved by the regulatory authority, additional
hydrologic tests, such as aquifer tests, must be undertaken by the
permittee to demonstrate compliance with paragraph (h)(1) of this
section.
(i) Water rights and replacement. The permittee shall replace the
water supply of an owner of interest in real property who obtains all or
part of his supply of water for domestic, agricultural, industrial, or
other legitimate use from an underground or surface source where such
supply has been affected by contamination, diminution, or interruption
proximately resulting from surface coal mine operation by the permittee.
(j) Hydrologic impact of roads. (1) General. Access and haul roads
and associated bridges, culverts, ditches, and road rights-of-way shall
be constructed, maintained, and reclaimed so as to the extent possible,
using the best technology currently available, prevent additional
contributions of suspended solids to streamflow, or to runoff outside
the permit area to the extent possible, using the best technology
currently available. In no event shall the contributions be in excess of
requirements set by applicable State or Federal law. All haul and access
roads shall be removed and the land affected shall be regraded and
revegetated consistent with the requirements of Secs. 717.14 and 717.20,
unless retention of a road is approved and assured of necessary
maintenance to adequately control erosion.

[[Page 105]]

(2) Construction. (i) All roads, insofar as possible, shall be
located on ridges or on flatter and more stable slopes to minimize
erosion. Stream fords are prohibited unless they are specifically
approved by the regulatory authority as temporary routes across dry
streams that will not adversely affect sedimentation and that will not
be used for coal haulage. Other stream crossings shall be made using
bridges, culverts, or other structures designed and constructed to meet
the requirements of this paragraph. Roads shall not be located in active
stream channels nor shall they be constructed or maintained in a manner
that increases erosion or causes significant sedimentation or flooding.
However, nothing in this paragraph will be construed to prohibit
relocation of stream channels in accordance with paragraph (d) of this
section.
(ii) In order to minimize erosion and subsequent disturbances of the
hydrologic balance, roads shall be constructed in compliance with the
following grade restrictions or other grades determined by the
regulatory authority to be necessary to control erosion:
(A) The overall sustained grade shall not exceed 1v:10h (10
percent).
(B) The maximum grade greater than 10 percent shall not exceed
1v:6.5h (15 percent) for more than 300 feet.
(C) There shall not be more than 300 feet of grade exceeding 10
percent within each 1,000 feet.
(iii) All access and haul roads shall be adequately drained using
structures such as, but not limited to, ditches, water barriers, cross
drains, and ditch relief drains. For access and haul roads that are to
be maintained for more than 1 year, water-control structures shall be
designed with a discharge capacity capable of passing the peak runoff
from a 10-year, 24-hour precipitation event. Drainage pipes and culverts
shall be constructed to avoid plugging or collapse and erosion at inlets
and outlets. Drainage ditches shall be provided at the toe of all cut
slopes formed by construction of roads. Trash racks and debris basis
shall be installed in the drainage ditches wherever debris from the
drainage area could impair the functions of drainage and sediment
control structures. Ditch relief and cross drains shall be spaced
according to grade. Effluent limitations of paragraph (a) of this
section shall not apply to drainage from access and haul roads located
outside the disturbed area as defined in this section unless otherwise
specified by the regulatory authority.
(iv) Access and haul roads shall be surfaced with durable material.
Toxic- or acid-forming substances shall not be used. Vegetation may be
cleared only for the essential width necessary for road and associated
ditch construction and to serve traffic roads.
(3) Maintenance. (i) Access and haul roads shall be routinely
maintained by means such as, but not limited to, wetting, scraping, or
surfacing.
(ii) Ditches, culverts, drains, trash racks, debris basins, and
other structures serving to drain access and haul roads shall not be
restricted or blocked in any manner that impedes drainage or adversely
affects the intended purpose of the structure.
(4) Access roads constructed for and used only to provide infrequent
service to surface facilities, such as ventilators or monitoring devices
shall be exempt from the requirements of paragraph (j)(2) of this
section provided adequate stabilization to control erosion is achieved
through use of alternative measures.
(k) Hydrologic impacts of other transport facilities. Railroad
loops, spurs, conveyors, or other transport facilities shall be
constructed, maintained, and reclaimed to prevent additional
contributions of suspended solids to streamflow, or to runoff outside
the permit area to the extent possible, using the best technology
currently available and to control other diminution or degradation of
water quality and quantity. In no event shall contributions be in excess
of requirements set by applicable State or Federal law.

[[Page 106]]

(l) Discharge of waters into underground mines. Surface and ground
waters shall not be discharged or diverted into underground mine
workings.

(Secs. 101, 102, 201, 501, 503-510, 515-517, 523, and 701, Surface
Mining Reclamation Act of 1977, Pub. L. 95-87 (30 U.S.C. 1201, 1202,
1211, 1251-1260, 1265-1267, 1273, 1291))

[42 FR 62695, Dec. 13, 1977, as amended at 43 FR 8092, Feb. 27, 1978; 43
FR 21459, May 18, 1978; 44 FR 30632, May 25, 1979; 44 FR 36887, June 22,
1979; 44 FR 77452, Dec. 31, 1979]

Effective Date Note: A document published at 44 FR 77452, Dec. 31,
1979 suspended Sec. 717.17(a)(3)(i) insofar as it applies to total
suspended solids (TSS) discharges.

Sec. 717.18 Dams constructed of or impounding waste material.

(a) General. No waste material shall be used in or impounded by
existing or new dams without the approval of regulatory authority. The
permittee shall design, locate, construct, operate, maintain, modify,
and abandon or remove all dams (used either temporarily or permanently)
constructed of waste materials, in accordance with the requirements of
this section.
(b) Construction of dams. (1) Waste shall not be used in the
construction of dams unless demonstrated through appropriate engineering
analysis, to have no adverse effect on stability.
(2) Plans for dams subject to this section, and also including those
dams that do not meet the size or other criteria of Sec. 77.216(a) of
this title, shall be approved by the regulatory authority before
construction and shall contain the minimum plan requirements established
by the Mining Enforcement and Safety Administration pursuant to
Sec. 77.216-2 of this title.
(3) Construction requirements are as follows: (i) Design shall be
based on the flood from the probable maximum precipitation event unless
the permittee shows that the failure of the impounding structure would
not cause loss of life or severely damage property or the environment,
in which case, depending on site conditions, a design based on a
precipitation event of no less than 100-year frequency may be approved
by the regulatory authority.
(ii) The design freeboard distance between the lowest point on the
embankment crest and the maximum water elevation shall be at least 3
feet to avoid overtopping by wind and wave action.
(iii) Dams shall have minimum safety factors as follows:

------------------------------------------------------------------------
Minimum
Case Loading condition safety
factor
------------------------------------------------------------------------
I................................... End of construction... 1.3
II.................................. Partial pool with 1.5
steady seepage
saturation.
III................................. Steady seepage from 1.5
spillway or decant
crest.
IV.................................. Earthquake (cases II 1.0
and III with seismic
loading).
------------------------------------------------------------------------

(iv) The dam, foundation, and abutment shall be stable under all
conditions of construction and operation of the impoundment. Sufficient
foundation investigations and laboratory testing shall be performed to
determine the factors of safety of the dam for all loading conditions in
paragraph (b)(3)(iii) of this section and for all increments of
construction.
(v) Seepage through the dam, foundation, and abutments shall be
controlled to prevent excessive uplift pressures, internal erosion,
sloughing, removal of material by solution, or erosion of material by
loss into cracks, joints, and cavities. This may require the use of
impervious blankets, pervious drainage zones or blankets, toe drains,
relief wells, or dental concreting of jointed rock surface in contact
with embankment materials.
(vi) Allowances shall be made for settlement of the dams and the
foundation so that the freeboard will be maintained.
(vii) Impoundments created by dams of waste materials shall be
subject to a minimum drawdown criteria that allows the facility to be
evacuated by spillways or decants of 90 percent of the volume of water
stored during the design precipitation event within 10 days.
(viii) During construction of dams subject to this section, the
structures shall be periodically inspected by a registered professional
engineer to ensure construction according to the approved design. On
completion of construction, the structure shall be certified by a
registered professional engineer experienced in the field of dam

[[Page 107]]

construction as having been constructed in accordance with accepted
professional practice and the approved design.
(ix) A permanent identification marker, at least 6 feet high that
shows the dam number assigned pursuant to Sec. 77.216-1 of this title
and the name of the person operating or controlling the dam, shall be
located on or immediately adjacent to each dam within 30 days of
certification of design pursuant to this section.
(4) All dams including those not meeting the size or other criteria
of Sec. 77.216(a) of this title, shall be routinely inspected by a
registered professional engineer, or someone under the supervision of a
registered professional engineer, in accordance with Mining Enforcement,
and Safety Administration regulations pursuant to Sec. 77.216-3 of this
title.
(5) All dams shall be routinely maintained. Vegetative growth shall
be cut where necessary to facilitate inspection and repairs. Ditches and
spillways shall be cleaned. Any combustible materials present on the
surface, other than that used for surface stability such as mulch or dry
vegetation, shall be removed and any other appropriate maintenance
procedures followed.
(6) All dams subject to this section shall be recertified annually
as having been constructed and modified in accordance with current
prudent enginnering practices to minimize the possibility of failures.
Any changes in the geometry of the impounding structure shall be
highlighted and included in the annual recertification report. These
certifications shall include a report on existing and required
monitoring procedures and instrumentation, the average and maximum
depths and elevations of any impounded waters over the past year,
existing storage capacity of impounding structures, any fires occurring
in the material over the past year and any other aspects of the
structures affecting their stability.
(7) Any enlargements, reductions in size, reconstruction or other
modification of the dams shall be approved by the regulatory authority
before construction begins.
(8) All dams shall be removed and the disturbed areas regraded,
revegetated, and stabilized before the release of bond unless the
regulatory authority approves retention of such dams as being compatible
with an approved postmining land use (Sec. 715.13).

Sec. 717.19 [Reserved]

Sec. 717.20 Topsoil handling and revegetation.

(a) Topsoil shall be removed as a separate operation from areas to
be disturbed by surface operations, such as roads and areas upon which
support facilities are to be sited. Selected overburden materials may be
used instead of, or as a substitute for topsoil where the resulting soil
medium is determined by the regulatory authority to be equal to or more
suitable for revegetation. Topsoil shall be segregated, stockpiled, and
protected from wind and water erosion, or contaminants. Disturbed areas
no longer required for the conduct of mining operations shall be
regraded, topsoil distributed, and revegetated.
(b) The permittee shall establish on all land that has been
disturbed by mining operations a diverse, effective, and permanent
vegetative cover capable of self-regeneration and plant succession, and
adequate to control soil erosion. Introduced species may be substituted
for native species if approved by the regulatory authority. Introduced
species shall meet applicable State and Federal seed or introduced
species statutes, and may not include poisonous or potentially toxic
species.