[Federal Register Volume 61, Number 251 (Monday, December 30, 1996)]
[Notices]
[Pages 68777-68785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33108]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
Abandoned Mine Land Reclamation Program Guidelines
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Notice of revised guidelines for abandoned mine land
reclamation programs and projects.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
has revised the Abandoned Mine Land Reclamation Program Guidelines
which were published March 6, 1980 (45 FR 14810). Comments were
requested in the Notice of Intent to revise these guidelines published
May 22, 1995 (45 FR 27123). Based on comments received, amendments to
the Surface Mining Control and Reclamation Act of 1977 and policies
adopted by OSM since 1980, the guidelines have been revised and are
printed below.
EFFECTIVE DATE: December 30, 1996.
FOR FURTHER INFORMATION CONTACT:
Mr. Gene Krueger, Chief, Division of Reclamation Support, Office of
Surface Mining Reclamation and Enforcement, 1951 Constitution Avenue,
N.W. Washington, D.C. 20240. Telephone: (202) 208-2937.
SUPPLEMENTARY INFORMATION: The Abandoned Mine Land (AML) Reclamation
Program Guidelines are issued to provide general guidance to States,
Indian Tribes, the U.S. Department of Agriculture, and OSM in the
administration of reclamation activities carried out under programs
authorized by Title IV of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1201 et seq.) (SMCRA). These guidelines are
considered to be statements of policy and do not establish new legal
requirements or obligations on the public and are subject to change at
the discretion of OSM.
The term ``as amended'' was added to the revised guidelines to
indicate that guidelines reflect all amendments to SMCRA.
The definition of eligible lands has been expanded to include
certain lands abandoned after August 3, 1977, in accordance with
amendments to Section 404 of SMCRA and that definition has been
included in Section A of these guidelines. The definition coincides
with the definition of eligible lands found at 30 CFR 870.5.
Reference to the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) and its relationship to AML reclamation has
been included in these guidelines at section C.5., Toxic Materials.
A new subpart, B.3.a.(1)(d), was added to allow special
consideration for AMD sites and the utilization of the Appalachian
Clean Streams Initiative (ACSI).
A new subpart, B.5.e., was added to indicate that coal seams left
in place were deemed unrecoverable during reclamation and any future
attempts to mine such seams would have to comply with permit
requirements in place at the time of new mining.
The entire section titled ``Experimental and Demonstration
Practices'' was eliminated because the Act, as amended, no longer
provides for funding experimental and demonstration practices. However,
new language was included in item B.3.b.(2) to allow for test plots
and/or field trials when necessary to determine which technology is
best suited to a particular problem area.
Incorrect regulatory cites, brought about by statutory and/or
regulatory changes, were corrected.
Some portions of the proposed guidelines were edited for
clarification or to eliminate redundant and verbose language.
Comments were requested on the proposed guidelines and a total of
seven comments were received. Six were from State authorities and one
from the Navajo Nation. All comments received were considered in the
process of drafting the final guidelines and are
[[Page 68778]]
available for inspection at the address listed above. A ``response to
comments'' document has been prepared by OSM and is available on
request by contacting the individual listed under FOR FURTHER
INFORMATION CONTACT.
Availability of Copies
Additional copies of the revised guidelines are available for
inspection and may be obtained at the following offices:
OSM, Department of the Interior, Room 120 South Interior Building, 1951
Constitution Avenue, N.W., Washington, D.C. 20240, (202) 208-5365.
OSM, Appalachian Regional Coordinating Center, Three Parkway Center,
Pittsburgh, Pennsylvania 15220, (412) 937-2828.
OSM, Mid-Continent Regional Coordinating Center, 501 Belle Street,
Alton, Illinois 62002, (618) 463-6460.
OSM, Western Regional Coordinating Center, 1999 Broadway, Suite 3320,
Denver, Colorado 80202, (303) 672-5500.
Dated: December 23, 1996.
Kathrine Henry,
Acting Director, Office of Surface Mining Reclamation and Enforcement.
Abandoned Mine Land (AML) Reclamation Program Guidelines for
Reclamation Programs and Projects
Contents
A. Definitions
B. Program Considerations
1. Land, Water, or Mineral Rights Required for Reclamation
a. Consent requirements and responsibility
b. Written consent versus police power
c. Monitoring and maintenance
d. Property acquisition
2. Jurisdictional Responsibilities
a. Reclamation program legal requirements
b. Environmental evaluation requirements
c. Interstate coordination requirements
3. Selection Criteria (Nonemergency)
a. Reclamation site ranking
b. Reclamation considerations
c. Reclamation extent
d. Cooperative efforts
e. Joint projects
4. Emergency Projects
a. Authority for emergency reclamation
b. Emergency project considerations
c. Emergency project examples
d. Abatement procedures
5. Incidental Recovery of Coal in Conjunction with Reclamation
Activities
a. Resource recovery potential
b. Incidental recovery of Coal
c. Active mining permit requirements
d. Recovered coal disposition
e. Future coal recovery
6. Abandoned Structures and Equipment
a. Investigation and report
b. Ownership rights
c. Disposal revenues or benefits
7. Borrow and Disposal Areas
a. Site selection
b. Adverse impacts
8. Program and Project Evaluation
a. General Evaluation considerations
b. Evaluation report
9. Maintenance of Reclamation Work
a. Planned Maintenence
b. Unplanned Maintenance
10. Noncoal Projects
a. Guideline applicability
b. Priorities under Section 409
c. Priorities under Section 411
C. Site Considerations
1. Mine Drainage
a. General considerations
b. At-source control measures
c. Treatment measures
d. Coal refuse piles and coal waste embankments
2. Active Slides and Slide-Prone Areas
a. Site evaluation factors
b. Remedial measures
3. Erosion and Sedimentation
a. Erosion and sediment control considerations
b. Erosion control practices
c. Sediment trapping practices
4. Vegetation
a. Existing vegetation inventory and evaluation
b. Vegetative requirements
5. Toxic Materials
a. Sampling and analysis considerations
b. Planning considerations
c. Sites eligible under CERCLA.
6. Hydrologic Balance
a. Planning considerations
b. Surface-water considerations
c. Ground-water considerations
7. Public Health and Safety
a. Dump sites
b. Highwall danger
c. Mine openings and subsidence
d. Radiation emission
e. Domestic water supplies
f. Surface and underground mine fires
g. Hazardous/Explosive gases
8. Esthetics and Visual Values
a. Visual degraders
b. Esthetics problem solutions
9. Fish and Wildlife Values
a. Project identification requirements
b. Determining fish and wildlife values and goals
c. Planning considerations
d. Installing and maintaining established fish and wildlife
habitat values
10. Air Quality
a. Air quality standards
b. Coordination requirements
c. Air quality degradation and improvement
A. Definitions
1. Abandoned Property--Real and personal property, associated with
past mining activities, that has been forsaken or deserted by an owner.
This includes real estate, structures, and equipment.
a. Abandoned Structures--Abandoned permanent improvements or
fixtures firmly attached to the land and considered as part of real
property. Abandoned structures include but are not limited to coal
tipples, coal washers, storage and grading facilities, loading docks,
rail spurs, concrete foundations, dams, reservoirs, and bridges. Other
items such as crushers, elevators, bins, loaders, conveyors and similar
equipment are within this definition if firmly affixed to the land.
b. Abandoned Equipment--Abandoned movable items not affixed to the
land. Such items are considered as personal property and include
equipment and dismantled machinery not affixed to the land and which
could be moved. These items include but are not limited to shovels,
scrapers, tires, machinery parts, trailers, trucks, electrical
substations on skids, feeders, and loaders.
c. Disposal--The act of sale, federal utilization, demolition,
removal, and the burning and burial of scrap or other debris resulting
from abandoned structures and equipment.
2. Act--The Surface Mining Control and Reclamation Act of 1977
enacted as Public Law 95-87 (30 U.S.C. 1201 et seq.), as amended.
3. Administering Agency--The agency that has the responsibility for
carrying out a reclamation program or project. This includes OSM for
federal reclamation projects; U.S.D.A., Natural Resources Conservation
Service (NRCS) for the Rural Abandoned Mine Program; designated State
reclamation agencies for projects carried out under an approved State
Reclamation Plan; and Indian tribes for projects carried out under an
approved Indian Reclamation Plan.
4. Eligible Lands--Lands and water which were mined for coal or
which were affected by such mining, wastebanks, coal processing, or
other coal mining processes and left or abandoned in either an
unreclaimed or inadequately reclaimed condition prior to August 3,
1977, and for which there is no continuing reclamation responsibility.
Provided, however, that lands and water damaged by coal mining
operations after that date and on or before November 5, 1990, may also
be eligible for reclamation if they meet the requirements specified in
30 CFR 874.12 (d) and (e). Eligible lands and water for noncoal
reclamation purposes are those sites that meet the eligibility
requirements specified in Section 409 of the Act or, following
certification of the completion of all known coal problems, those in 30
CFR 875.14. For additional eligibility requirements for water projects,
see 30 CFR 874.14, and for lands affected by remining operations, see
Section 404 of the Act.
5. Emergency--A sudden danger condition or impairment that
constitutes
[[Page 68779]]
a situation with a high probability of substantial physical harm to the
health, safety, or general welfare of people before the danger can be
abated under normal program procedures.
6. Hydrologic Balance--The relationship between the quality and
quantity of water inflow to water outflow from an abandoned mine land
site. The relationship includes water storage and transfer within
hydrologic units as they now exist or may have existed.
7. Toxic Materials--Earth materials or wastes resulting from mining
operations which, if acted upon by air, water, or micro-biological
processes are likely to produce chemical or physical conditions in
soils or water that are detrimental to the biota or water use.
B. Program Considerations
1. Land, Water, or Mineral Rights Required for Reclamation
a. Consent Requirements and Responsibility
In addition to the rights of entry required by 30 CFR 877, other
consents required by the specific type of reclamation program should be
obtained. In water limited areas reclamation programs that propose to
restore or alter water quality or quantity should not be undertaken
until the appropriate water right consents are obtained. If the mineral
estate is severed from the surface estate, consents should be obtained
from both parties. All necessary consents should be obtained for a time
period sufficient to complete the reclamation activities. The
administering agency has the responsibility to assure that no
reclamation work is carried out without such consents.
b. Written Consent Versus Police Power
Written consent from the owner of record and lessee or his
authorized agent should be the preferred means for obtaining agreements
to enter lands in order to carry out reclamation work. Entry by use of
police power is restricted to those reclamation projects that will
protect public health, safety, and general welfare as authorized under
Sections 407(a), 407(b), 409(c), and 410 of the Act, as amended, and
should be undertaken only after due care and deliberation has exhausted
all possibilities of obtaining written consents.
c. Monitoring and Maintenance
Written consent by the landowner should include considerations for
monitoring and maintenance, including rights of entry as necessary.
d. Property Acquisition
Acquisition of property may be undertaken only under the conditions
specified in Sections 407 and 409 of the Act, as amended.
2. Jurisdictional Responsibilities
a. Reclamation Program Legal Requirements
The administering agency should ensure compliance with all
applicable Federal, State, Tribal, and local laws and coordination with
the appropriate agencies as necessary.
b. Environmental Evaluation Requirements
Appropriate steps to achieve compliance with the National
Environmental Policy Act of 1969 (NEPA) must be undertaken for every
proposed AML reclamation project. Authorization by the Council on
Environmental Quality (CEQ) at 40 CFR 1506.11 to abate emergency
conditions without preparing an environmental document does not relieve
OSM or the States/Tribes of the responsibility to complete consultation
duties or obtain necessary permits in accordance with other Federal,
State and local laws.
(1) Where emergency circumstances at the site require immediate
abatement action, and the environmental document cannot be completed
prior to the initiation of action, OSM and the States are authorized to
act, but the action taken must be limited to that necessary to control
the immediate impacts of the emergency.
(2) Actions which remain to be taken at the site of an emergency
after the abatement of the immediate impacts require the preparation of
an environmental document.
c. Interstate Coordination Requirements
Where reclamation is proposed that may affect adjoining States or
other jurisdictional authorities, the administering agency should
coordinate planning and implementation of these projects with those
entities.
3. Selection Criteria (Nonemergency)
a. Reclamation Site Ranking
Procedures for selecting nonemergency sites to carry out
reclamation activities should incorporate weighting factors to rank the
proposed sites in accordance with priorities established in Section 403
of the Act. General instructions for determining the AML priority of a
site are contained in the OSM Abandoned Mine Land Inventory Manual.
Noncoal sites must comply with Section 409 or 411 as appropriate.
Negative weights should be considered for adverse impacts resulting
from the proposed project. Generally, reclamation of lower priority
projects should not be initiated until all known higher priority
projects have been completed, are in the process of being reclaimed, or
have been approved for funding by the Secretary. However, lower
priority projects, or contiguous work may be undertaken in conjunction
with high priority projects in accordance with these guidelines.
(1) The administering agency may give priority consideration to
reclamation projects where:
(a) The landowner(s) consent to participate in post reclamation
maintenance activities of the area;
(b) Reclamation provides multiple benefits to the landowner(s) and
where those benefits have a greater cumulative value than other
projects, and/or;
(c) Reclamation provides offsite public benefits.
(d) Acid Mine Drainage (AMD) is a major problem and/or the
Appalachian Clean Streams Initiative (ACSI) can be utilized in
restoration of streams polluted with AMD.
b. Reclamation Considerations
The following items should be considered in determining whether a
nonemergency site should be reclaimed.
(1) The lands proposed for reclamation are eligible as defined by
Section 404, 409, or 411 of the Act.
(2) Problems associated with the site can be abated by utilizing
current available technology or horizon technology with a high
probability of success to prevent or minimize present or future adverse
effects. When necessary to determine which technology is best suited to
a particular problem area, test plots and/or field trials are allowed.
Such activities are appropriate and do not constitute ``research'' as
prohibited by the Act, as amended.
(3) Reclamation can be carried out in a manner that minimizes
maintenance to achieve a self-sustaining reclamation solution. Self-
sustaining implies reclamation which is permanent and stable under the
prevailing environmental and land-use conditions utilizing current
technology. Projects which require continuous maintenance and/or
operating costs should be undertaken only if a commitment exists to
bear these indefinite costs.
(4) Reclamation activities can be planned in a manner that is cost
effective and compatible with the proposed post reclamation land use as
intended by the landowner(s).
(5) Reclamation activities and post reclamation land use is cost
effective
[[Page 68780]]
and compatible with surrounding land uses, complies with local, State,
tribal, and Federal requirements, and is acceptable to the community
involved.
(6) If the project area is to be remined or developed in the
foreseeable future and these activities will eliminate the adverse
effects of past mining, reclamation should only be undertaken where the
offsite adverse impacts from the affected area are so severe as to
cause significant danger to public health and safety or to the
environment if not abated before the proposed remining or development
takes place.
c. Reclamation Extent
The amount of reclamation performed on a site depends upon the
priority, funding available, and technology available for reclaiming
the site. When it is cost effective to do so, consideration should be
given to including lower priority problems in the reclamation plan when
contracting for the elimination of a high priority problem. However,
the primary purpose of the reclamation should be to address the higher
priority problems. Factors that should be considered in determining the
amount of reclamation to be done at a site include--
(1) The total area of affected land and water.
(2) Uniformity/diversity of the problem(s) over the entire site.
(3) Minimum reclamation needed to restore the site and additional
low priority work needed, if any.
(4) Availability of funds.
(5) Cost effectiveness of the proposed work.
(6) Proposed post reclamation land use.
(7) Onsite, offsite, and multiple land use benefits.
(8) Post reclamation maintenance required and landowner
participation in that maintenance.
(9) Accommodating landowner(s) land use and treatment requests, if
possible without incurring additional costs above that required for the
minimum reclamation needed.
(10) The possibility of remining.
d. Cooperative Efforts
In addition to the landowner consent requirements described in
Section B Part 1 of these guidelines, a maintenance agreement between
the administering agency and the landowner(s) may be incorporated as
part of the reclamation plan to insure the continued success of the
reclamation project. Estimated costs as well as financial and
administrative responsibilities should be recognized in any agreement.
e. Joint Projects
Joint undertakings between the administering agency and the
landowner(s) or other local, State, tribal, or Federal agencies are
supported and encouraged.
4. Emergency Projects
a. Authority for Emergency Reclamation
Authorities and requirements for rights of entry to carry out
emergency reclamation projects are contained in Section 410 of the Act.
b. Emergency Project Considerations.
(1) Emergencies are differentiated from Priority 1 projects by
interpretation of the phrases ``sudden danger'' and ``high probability
of substantial physical harm'' in the definition of ``emergency''
contained in these guidelines.
(2) Justification for emergency action must be based on whether
immediate action is crucial to eliminate the danger of harm to persons.
The time element referenced by the phrase ``before the danger can be
abated under normal program operation procedures'' means that the
danger is so imminent that time is not available for normal project
contractual procedures.
(3) A limited amount of nonemergency work may be conducted in
conjunction with emergency abatement if such work is cost effective in
reclaiming the entire project site.
c. Emergency Project Examples
The following list illustrates examples of sudden situations with a
high probability of causing substantial physical harm to the health,
safety, and general welfare of people:
(1) Subsidence suddenly occurring in or near populated areas or
roadways.
(2) Mine water ``blow-outs'' in or near highly used pubic areas.
(3) Landslides caused by movement of spoil material or mass
movement due to drainage or seepage from abandoned coal mines
threatening to destroy homes and businesses or block roads and stream
channels.
(4) Actual or potential failure of unstable coal refuse
impoundments, processing waste banks, or abandoned sediment control
structures caused by unusual precipitation events significantly
imperiling downstream populated areas.
(5) Mine or coal refuse fires that impair the health or safety of
residents in populated areas.
d. Abatement Procedures
(1) Reclamation procedures are site specific and often cannot be
determined until after onsite inspection and evaluation of the nature
of the emergency, number of people affected, resources available, and
existing time constraints.
(2) Emergency reclamation need not resemble final restoration. The
objective of emergency reclamation is to stabilize the problem and
eliminate the danger to the public. Additional reclamation, to fully
reclaim the area, may be carried out under regular reclamation programs
at a later date or, as noted above at Part 4.b.(3), may be performed in
conjunction with emergency work if cost effective.
5. Incidental Recovery of Coal in Conjunction With Reclamation
Activities
a. Resource Recovery Potential
Prior to conducting reclamation activities on land containing coal
refuse piles, coal waste impoundments, or abandoned mine workings with
remaining coal resources, the economic and technical feasibility of
further coal recovery should be evaluated for that project area. The
State administering agency determines if any coal can be recovered and
may consult the State regulatory authority, as necessary, in making
this determination.
b. Incidental Recovery of Coal
If coal is recovered during reclamation and is determined to be
incidental to the reclamation activities, the associated coal recovery
activity is exempt from Title V regulations, in accordance with Section
528 of the Act and 30 CFR Part 707. The State regulatory authority is
responsible for determining the exemption and is responsible for
enforcing the requirements of 30 CFR Part 707. Exemption criteria
include:
(1) Coal recovery must be incidental to reclamation activities.
(2) The project must be government-financed as defined in 30 CFR
Part 707.
(3) All coal recovered must be contained within the project area.
c. Active Mining Permit Requirements
If coal recovery is not incidental to the reclamation project or
does not meet other requirements for exemption, the State regulatory
authority will ensure that all permits required under Title V are
obtained before reclamation activities commence.
d. Recovered Coal Disposition
Any revenues received from the sale of coal which was recovered
incidental to reclamation should be deposited to the Fund pursuant to
Section 401(b)(4) of the Act or otherwise used to offset the cost of
reclamation. Applicable consents
[[Page 68781]]
should clearly authorize the extraction of coal and communicate the
disposition of the coal and associated revenues.
e. Future Coal Recovery
If the mineral estate under the area to be reclaimed contains
unmined coal seams, reclamation activities should include reasonable
and cost effective efforts to protect the future recoverability of
those seams. However, coal seams left in place during reclamation will
be deemed to be unrecoverable at the time of reclamation and any future
attempts to mine such seams will have to comply with any permit
requirements in place at the time the new mining is proposed.
6. Abandoned Structures and Equipment
a. Investigation
(1) The administering agency should perform an onsite investigation
of abandoned structures or equipment and encourage the landowner(s) to
recover any salvage value by disposal prior to the initiation of any
reclamation project.
(2) The onsite investigation should be conducted by the
administering agency and should address--
(a) The type, quantity, age, and apparent condition of all
abandoned structures or equipment.
(b) The structural soundness, visual quality, historical
significance, effect on proposed reclamation activities, and land uses
in the area. The structural soundness of the structure should be
evaluated in relation to public health, safety, general welfare, and
the post reclamation use.
(c) The disposal or retention of the structures or equipment in
accordance with local, State, tribal, and Federal laws.
(d) Methods to eliminate the safety hazards associated with
structures or equipment that are retained on the reclaimed site.
b. Ownership Rights
The landowner(s) may recover any salvage value by disposal of the
abandoned structures or equipment prior to the initiation of any
reclamation project. The administering agency is responsible for
securing consent to dispose of or modify the abandoned structures or
equipment not disposed of by the landowner(s).
c. Disposal Revenues or Benefits
Any revenues or benefits received from the sale or use of abandoned
structures or equipment as a result of reclamation should be used to
offset the cost of reclamation or deposited to the Fund pursuant to
Section 401(b)(4) of the Act. All such revenues or benefits should be
documented in the project file.
7. Borrow and Disposal Areas
a. Site Selection
The borrow and disposal areas created by reclamation activities
should be subject to and conducted in accordance with applicable local,
State, tribal, or Federal reclamation requirements. Borrow and disposal
areas should be located on the site of the reclamation project if
possible. Offsite borrow and disposal areas should be utilized only
when no onsite area is available and it is necessary to protect the
health and safety of the public, provide an area more suitable for
reclamation and less prone to constitute a hazard in itself, produce an
improved land use, or protect the environment.
b. Adverse Impacts
Adverse impacts of the selected areas should be minimized by
disturbing the smallest possible area; providing adequate drainage,
dust, and erosion control measures; protecting historic and cultural
values; protecting visual esthetics; protecting fish and wildlife
values; protecting the health and the safety of the community and the
public; and reclaiming the borrow and disposal area after termination
of the project.
8. Program and Project Evaluation
a. General Evaluation Considerations
Reclamation activities are to be evaluated on a regular basis to
determine the effectiveness of the program/project in reclaiming
abandoned lands. The objective is to identify those abatement/control
methodologies that have been effective over time as well as those with
demonstrated deficiencies that need to be improved or changed. Project
evaluation measures the success or failure of the applied techniques
while program evaluation determines the effectiveness of the overall
program, including regulations and policies. Evaluation efforts
include, but are not limited to, recording accomplishments, making
onsite reviews before, during, and after reclamation, and analyzing
fund management.
b. Evaluation Report
The administering agency will prepare a report on its findings and
recommendations. Recommendations should be used to modify program
operations on future reclamation activities so that deficiencies will
not reoccur. If requested, the report should be made available to other
agencies in order to share information and improve the AML program
nationwide.
9. Maintenance of Reclamation Work
a. Planned Maintenance
Reclamation should be done in a manner to minimize or eliminate
continued long-term maintenance. When long-term maintenance is
required, it should be identified during the planning and design stages
and should be developed in cooperation with the landowner(s) and/or
appropriate agencies through formal agreement. Maintenance plans should
include maintenance requirements, inspection schedules, technical
assistance needed, and funding requirements.
b. Unplanned Maintenance
AML projects often involve conditions unforeseen during the design
period, that may affect the achievement of permanent reclamation and
long term stability. Reclamation programs should develop and implement
general policies for performing post construction monitoring to address
unanticipated maintenance needs. The plan should include, at a minimum:
(1) A plan for post construction monitoring of sites to determine
maintenance needs;
(2) A procedure for determining when and when not to perform
additional maintenance when problems are identified in the field;
(3) A procedure to determine when a site has reached long term
stability, and that future monitoring is unneeded, including a
landowner notification policy;
(4) A method for dealing with situations where landowner practices
make future maintenance unproductive.
10. Noncoal Projects
a. Guideline Applicability
States with approved reclamation plans may undertake noncoal
reclamation projects under the specific provisions in Section 409 of
the Act or after certification that all coal related problems have been
reclaimed, as authorized in Section 411 of the Act.
b. Priorities Under Section 409
Noncoal projects to be reclaimed under Section 409 of the Act must
be at the request of the Governor of the State or the governing body of
an Indian tribe and must comply with the priorities stated in Section
403(a)(1), except that the term ``coal'' does not apply. The
reclamation must be for the protection of public health, safety,
general welfare,
[[Page 68782]]
and property from extreme danger of adverse mining practices.
c. Priorities Under Section 411
Noncoal projects to be reclaimed under Section 411 of the Act may
not proceed until the State has certified that all coal problems have
been resolved. Planning and design work for reclamation of noncoal
projects may commence prior to completion of all coal projects.
C. Site Considerations
1. Mine Drainage
a. General Considerations
The reclamation plan should attempt to minimize or control mine
drainage and include procedures to treat impounded waters containing
toxic materials prior to release. At-source control measures are
preferred over long-term treatment methods to eliminate or minimize
maintenance.
b. At-Source Control Measures
Controlling or minimizing mine drainage at its source can be
accomplished by--
(1) Mine-sealing techniques, including grout curtains and slurry
trenching. Factors to be considered when planning to seal mines are the
potential to develop hydrostatic heads, the accessibility of the area,
and the integrity of the surrounding geologic formations.
(2) Infiltration control and water diversion. Factors to be
considered include topography, control of surface water, effects on
ground water, the control of water passage through openings, and the
storm event design.
(3) Daylighting, the surface mining procedures and excavation
processes utilized to expose underground mine works for partial or
complete removal of the remaining material underlying the surface.
Factors to be considered include the depth of overburden, marketability
of the mineral, and safety measures.
c. Treatment Measures
Secondary treatment of mine drainage can be carried out by the
addition of neutralizing agents. Permanent treatment facilities should
be designed to minimize operation and maintenance costs and should only
be considered if no other means exists to abate the problem. Written
assurance, from the landowner or any other interested party, should be
obtained that the treatment facilities will be maintained after
appropriations for the abandoned mine land program cease.
d. Coal Refuse Piles and Coal Waste Embankments
Methods of reclaiming land containing coal refuse, coal wastes, or
abandoned workings include, but are not limited to--
(1) Removing the coal refuse or coal waste to an environmentally
acceptable site, subject to all appropriate approvals;
(2) Burying the refuse or waste, diverting water away from or
around the reclaimed area whenever possible or layering the reuse
material with clay or other impervious material, when practical, to
prevent water infiltration and contamination;
(3) Treating the refuse pile in place by--
(a) Diverting water around the coal refuse and/or waste,
(b) Collecting and conveying drainage from the refuse pile for safe
disposition (an approved water pollution control facility should be
used if needed to meet quality standards),
(c) Grading and contouring waste structures to drain water off the
disposal site,
(d) Covering the refuse with a suitable thickness of nontoxic or
nonacid-forming material or treating the refuse with lime or other
material to prevent acid or other toxic drainage, or
(e) Any combination of the above treatments.
2. Active Slides and Slide-Prone Areas
a. Site Evaluation Factors
Factors that should be considered on a case-by-case basis in the
evaluation of slides or slide-prone areas include--
(1) The topography of the ground surface as an indication of past
landslide activity and potential instability. Topographic data
collected should include contour maps at 2- to 5-foot intervals,
surface drainage characteristics, locations of ponded surface water,
and slope profiles.
(2) The geology of the subsurface. Rock formations and geologic
structure including folds, faults, joints, and shear zones should be
identified whenever possible. This information may be useful in
comparing the landslide potential of various areas.
(3) The soil or spoil material. Description of the slide-prone
material should include its texture, permeability, and engineering
properties as well as the related soil-rock ratios.
(4) Ground water sources. Springs and seeps, dump areas, adits,
auger holes, drill holes, and coal seams should be identified.
(5) Vegetative cover. Vegetation will affect the stability of the
slide or slide-prone area. Deep masses of roots may provide sufficient
reinforcement to distort the geometry of the slide and trees with deep
tap roots may curtail severe movement. Vegetative cover within a
landslide area should be compared to that within the surrounding area
and with that present at known landslide areas.
(6) Other physical factors. These include timber coverage or lack
of it on slopes, parent material and volume of spoil, proximity to
other slides, or other data specific to the slide area which may be
helpful in designing the best structural specifications for stabilizing
the area.
(7) U.S. Geological Survey slide-prone maps, U.S. Department of
Agriculture soil maps, and other related data.
b. Remedial Measures
Reclamation and stabilization of slide areas may be achieved by one
or more of the following methods, typically a combination of--
(1) Removing unstable material or by terracing.
(2) Installing surface and/or subsurface drainage such as rip-rap
channels, french drains, pumping wells, etc.
(3) Installing support and reinforcement systems such as retaining
walls, gabions, vertical pilings, etc.
(4) Revegetation.
3. Erosion and Sedimentation
a. Erosion and Sediment Control Considerations
Erosion and sediment control measures should be designed in
accordance with Federal, State and local laws and should--
(1) Minimize erosion from the reclamation site and adjacent lands,
minimize water pollution from sediment, acid drainage, and other toxic
materials, and provide conditions suitable for the planned land use.
(2) Maintain the soil resource within acceptable soil loss limits.
Allowable sheet and rill erosion rates should be commensurate with the
soil resulting from reclamation. Information relative to allowable soil
loss limits may be obtained from local NRCS Office.
(3) Expose the least amount of land at any one time, with the more
hazardous areas exposed for the shortest time and during the season
when extreme rainfall is least likely to occur.
(4) Complete reclamation activities so Revegetation can take place
at the most advantageous time of year.
(5) Control foot and vehicular traffic and grazing until vegetation
is established.
[[Page 68783]]
b. Erosion Control Practices
Well established vegetation is generally the most cost-effective
means of erosion control. Other methods may include one or more of the
following, in conjunction with vegetation, to achieve temporary and/or
permanent erosion control.
(1) Mulches may be used for temporary erosion control and in some
cases stabilizing agents such as gravel, stone, and concrete blocks may
be used for permanent protection.
(2) Permanent structural measures may be used to divert runoff,
reduce slope length, and provide for an effective runoff disposal
system.
(3) Temporary vegetation and/or structural measures may be needed
for erosion control during reclamation. Provisions should be made to
remove the temporary control measures and stabilize the area when they
are no longer needed.
c. Sediment Trapping Practices
When erosion controls are incapable of preventing excessive
sediment buildup, either during reclamation or permanently, the excess
sediment should be controlled to prevent offsite contamination.
(1) Temporary sediment control measures such as filter strips,
sediment traps, and sediments basins, should be stabilized and
maintained during their planned life.
(2) Permanent sediment basins should be maintained and the sediment
removed when it accumulates to the design level. The use of permanent
sediment basins should be minimized because of the continuing
maintenance responsibility.
4. Vegetation
a. Existing Vegetation Inventory and Evaluation
The administering agency should complete an inventory and
evaluation of existing vegetation and site conditions prior to
developing the design and specifications for a project. The permanent
vegetation selected to cover the reclaimed mine land should be
compatible with the site characteristics and the intended land use of
the reclaimed and surrounding land and provide adequate erosion
control.
b. Vegetative Requirements
The vegetation portion of the project design and specifications
should be developed considering requirements itemized for each of the
following cases:
(1) In areas where the present plant species are inadequate or
undesirable and only a change in vegetation is needed--
(a) Necessary erosion and sediment control structures should be
installed to protect the area from excessive erosion and sedimentation
during the vegetation establishment period. Temporary vegetation may be
used alone or in combination with a mulch or other stabilizing agent in
accordance with the needs of the site.
(b) The newly planted area should be protected from excessive use,
especially livestock grazing, during the establishment period.
(2) In areas where changes in topography and vegetation are
needed--
(a) Changes in topography should be made to improve esthetics
aspects of the site, permit establishment of desirable vegetative
cover, and insure compatibility with the planned land use;
(b) Temporary vegetation should be used to protect stockpiles of
soil materials for a short time or to provide temporary cover until the
permanent vegetation is established.
(3) In areas where the present spoil material is unsuited for
vegetation the spoil material should be covered or replaced with
material that will support the desired vegetation. If covering or
replacement costs are prohibitive, attempts should be made to create a
suitable plant growth medium upon which vegetation may be established.
(4) In areas where alteration of the site to support vegetation is
impractical sediment should be confined to the immediate area if
feasible. Surface runoff should be treated to an acceptable level of
quality before discharging offsite if necessary.
5. Toxic Materials
a. Sampling and Analysis Consideration
The administering agency should sample sites suspected of
containing administering agency should sample sites suspected of
containing toxic materials. Chemical and/or physical analyses may
include, but are limited to;
(1) pH (paste).
(2) SMP Buffer (tests pH of solution prior to weathering).
(3) Net acidity or alkalinity, or potential acidity.
(4) Total sulfur (sulfate and sulfide).
(5) Electrical conductivity (mmhos/cm).
(6) N,K,P and USDA texture class when material is to be used as
post-reclamation plant growth medium.
(7) Organic matter (quantity and type).
(8) Visual and/or microscopic identification of potential toxic or
acid forming materials.
b. Planning Considerations
The administering agency should consider the following items in
their planning efforts on projects containing toxic materials:
(1) Critical toxic limits.
(2) Containment or segregation of toxic materials using sealed pits
or embankments and/or covering the toxic materials with compacted clay
or some other suitable material.
(3) Site preparation, including grading, backfilling,
scarification, and application of appropriate growing medium, chemical
fertilizers, lime gypsum, mulches, or sludge.
(4) Water management control, including surface and subsurface
drainage, sediment control, and soluble toxic elements.
(5) Necessary monitoring and required maintenance, if any.
c. Sites Eligible Under CERCLA. AML sites containing AMD or other
toxic material may be eligible for clean-up under the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) if
included on the national priority list (NPL). Listing of a site on MPL
makes the site ineligible for AML funding.
6. Hydrologic Balance
a. Planning Considerations
After identification of areas needing restoration of the hydrologic
balance, the administering agency should consider the following items
in their planning.
(1) Evaluation of procedures needed to reduce or eliminate
pollution to receiving surface and subsurface waters, including
technical and economic constraints.
(2) Potential beneficial and/or adverse effects of proposed
restoration activities on offsite hydrologic systems.
(3) Post reclamation land use of the site and surrounding area.
b. Surface-Water Considerations
Restoration of surface drainage should maximize erosional and
ecological stability. Factors to be considered include, but are not
limited to:
(1) Type of reconstruction materials to be used, stream gradient,
fish and wildlife habitat, and compatibility with adjoining undisturbed
surface drainage.
(2) Use of the reclaimed area as a source of ground-water recharge
and the potential for downstream flooding.
(3) Feasibility of long-term, self-maintaining erosion control
measures to enhance stream and flood plain stability.
(4) Construction of water impoundments which do not adversely
[[Page 68784]]
affect the restoration of the hydrologic balance and are in accordance
with applicable local, State, tribal, or Federal requirements.
c. Ground-Water Considerations
Restoration of ground water should be done in a manner that will
not diminish or degrade water leaving the site. Factors to be
considered include, but are not limit to:
(1) Evaluation of the re-established water table, relative to the
reclaimed land surface.
(2) Evaluation of the ground-water recharge capacity, considering
the underlying aquifers and backfill materials.
(3) Identification of toxic and/or acid forming materials and
procedures to eliminate or minimize contamination of the water table.
7. Public Health and Safety
a. Dump Sites
Abandoned mine sites used as dumps are usually excellent breeding
places for insect and vermin and could pose a hazard to public health.
The presence of a dump in an abandoned mine site should not be
considered the primary reason for reclamation, but may be considered in
raising the site priority in the same objective category. Prior to any
reclamation work on dumps, the local, State and/or tribal agency should
be encouraged to abate the problem under other existing authorities and
consulted regarding proper disposal methods.
b. Highwall Danger
Highwalls may create a significant danger to public health or
safety when there is public use of the area above the highwall and/or
there is evidence of sloughing that may damage structures or block
roads and stream channels. Reclamation techniques include, but are not
limited to:
(1) Reducing the highwall height,
(2) Backfilling and grading the highwall to a stable slope, or
(3) Providing a physical barrier to limit accessibility and
material movement.
c. Mine Opening and Subsidence
(1) The administering agency should consider the following items
when planning for subsidence control projects:
(a) Exploratory drilling to determine the locations, size, and
condition of abandoned underground mine openings with the potential to
subside (except in emergencies).
(b) Proximity to populated areas with high public use.
(c) Notification to all local, State, and tribal land use planning
agencies of potential subsidence areas.
(2) Restricting entry to mine openings by constructing physical
barriers and/or fencing for emergency situations until the opening can
be properly reclaimed.
d. Radiation Emission
Where radiation constitutes a potential public health or safety
problem, the administering agency should coordinate with other
pertinent agencies prior to reclamation activity. Normally, this
coordination is done during the development of the State reclamation
standards for radiation.
e. Domestic Water Supplies
Control measures designed to protect or restore domestic water
supplies should consider the number of people affected, the type and
concentration of pollutant(s), and the type and cost of control
technology. Clean-up or restoration of domestic water supplies should
be restricted to source control where possible.
f. Surface and Underground Mine Fires
Only fires associated with abandoned mines or in virgin seams
associated with other abandoned mine reclamation problems are eligible
for Title IV funding.
(1) Prior to initiating control or extinguishment efforts, geologic
investigations should be carried out to determine the extent of the
fire and the amount of remaining combustible material.
(2) Reclamation design and procedures should include method to
control or eliminate hazardous gases, fumes, and other types of air
pollution associated with the fire.
g. Hazardous/Explosive Gases
Toxic gases, other than those associated with mine fires, may
require site specific control or treatment procedures. For example,
methane seeking into a residence must be vented and should be monitored
for a reasonable amount of time to ensure the area is safe. Whenever
possible gases should be vented or sealed off at their source.
8. Esthetics and Visual Values
Reclaimed lands should, to the extent that it is feasible, conform
to the visual aspects of the surrounding landscape. The reclamation
design and procedures should take into consideration the proximity to
public high use areas and the visual impact within the context of the
viewing distance.
a. Visual Degraders
The administering agency determines what conditions are visually
degrading and should be considered for visual improvement. Visual
degraders may include, but are not limited to, highwalls, erosion,
discolored water, haul roads, refuse piles, slurry ponds, spoil piles,
abandoned mining equipment and structures, garbage and refuse dumps,
open pits, and deforestation.
b. Esthetics Problem Solutions
Solutions for esthetics problems may involve removal of offensive
material or condition, strategic placement of screening materials, and/
or the use of appropriate plant species. Guidelines and standard to
evaluate visual resources developed by the U.S. Forest Service, NRCS,
U.S. Bureau of Land Management, National Park Service, and other
agencies should be adapted for use in evaluating and planning visual
solutions.
9. Fish and Wildlife Values
a. Project Identification Requirements
The administering agency should periodically provide a list of
proposed and on-going abandoned mine land activities to the
conservation or land management agencies with responsibilities for fish
and wildlife or their habitats and should request pertinent information
and suggestions from these agencies.
b. Determining Fish and Wildlife Values and Goals
The administering agency should review information provided by the
conservation and land management agencies with responsibilities for
fish and wildlife or their habitats to determine the pre-reclamation
fish and wildlife values of abandoned mine land sites. The
administering agency should then determine the fish and wildlife goals
for each project, in relation to that project's determined fish and
wildlife values and the program priority objectives.
c. Planning Considerations
The administering agency should encourage the consideration of fish
and wildlife values in all reclamation activities, including those
whose primary purposes for reclamation are related to public health,
safety, or general welfare. If fish and wildlife values are determined
to be among the goals of the reclamation efforts, the administering
agency should incorporate them into the reclamation plan.
[[Page 68785]]
d. Installing and Maintaining Established Fish and Wildlife Habitat
Values
The administering agency should insure that all fish and wildlife
measures contained in the selected plan are implemented and should
encourage the landowner(s) to maintain them at or above the planned
level.
10. Air Quality
a. Air Quality Standards
All reclamation activities should be conducted in accordance with
applicable local, State, tribal, or Federal air quality standards.
b. Coordination Requirements
Local, State, tribal, or Federal air quality officials should be
contacted prior to reclamation planning activities for requirements
concerning air quality permit procedures, applicable standards, and
possible control measures.
c. Air Quality Degradation and Improvement
Long-term air quality improvements which will result from
reclamation should have priority over possible short-term air quality
degradation caused by reclamation construction.
[FR Doc. 96-33108 Filed 12-27-96; 8:45 am]
BILLING CODE 4310-05-M