§ 785.14 - Mountaintop removal mining.

§ 785.14 What special provisions apply to mountaintop Mountaintop removal mining operations?.

(a) Applicability. This section applies to you if you conduct or intend to conduct mountaintop removal mining, as that term is defined in § 701.5 of this chapter.

(b) Application and approval requirements. The regulatory authority may approve an application for a permit to conduct mountaintop removal mining operations, without regard to the approximate original contour restoration

any person who conducts or intends to conduct surface mining activities by mountaintop removal mining.

(b) Mountaintop removal mining means surface mining activities, where the mining operation removes an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill, except as provided for in 30 CFR 824.11(a)(6), by removing substantially all of the overburden off the bench and creating a level plateau or a gently rolling contour, with no highwalls remaining, and capable of supporting postmining land uses in accordance with the requirements of this section.

(c) The regulatory authority may issue a permit for mountaintop removal mining, without regard to the requirements of §§ 816.102, 816.104, 816.105, and 816.

105

107 of this chapter to restore the lands disturbed by such mining to their approximate original contour, if it first finds, in writing, on the basis of a complete application, that

you have met

the following requirements are met:

(1) The proposed postmining land use of the lands to be

disturbed is

affected will be an industrial, commercial, agricultural, residential, or public facility (including recreational facilities) use

. (2

and, if -

(i) After consultation with the appropriate land-use planning agencies, if any, the

regulatory authority deems that the

proposed

postmining

land use

constitutes

is deemed by the regulatory authority to constitute an equal or better economic or public use of the affected land compared with the

premining

pre-mining use

.

;

(

3) You have demonstrated

ii) The applicant demonstrates compliance with the requirements for acceptable alternative postmining land uses

in § 780.24(b) of this chapter. (4) You have

of paragraphs (a) through (c) of § 816.133 of this chapter;

(iii) The applicant has presented specific plans for the proposed postmining land use and appropriate assurances that

the

such use will be -

(

i

A) Compatible with adjacent land uses

.

;

(

ii

B) Obtainable according to data regarding expected need and market

.

;

(

iii

C) Assured of investment in necessary public facilities

.

;

(

iv

D) Supported by commitments from public agencies where appropriate

.

;

(

v

E) Practicable with respect to private financial capability for completion of the proposed use

.

;

(

vi

F) Planned pursuant to a schedule attached to the reclamation plan so as to integrate the mining operation and reclamation with the postmining land use

.

; and

(

5) The proposed operation has been designed

G) Designed by a registered engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site.

(

6

iv) The proposed use

is

would be consistent with adjacent land

uses

use and

with

existing

state

State and local land use plans and programs

.

; and

(

7

v) The regulatory authority has provided, in writing, an opportunity of not more than 60 days to review and comment on

the

such proposed use to

- (i) The

the governing body of

the unit of

general

-

purpose government in whose jurisdiction the land is located

; and (ii) Any state or federal agency that

and any State or Federal agency which the regulatory authority, in its discretion, determines to have an interest in the proposed use.

(

8) You have demonstrated that the proposed operation has been designed to comply with the requirements of part 824 of this chapter.

(9) You have demonstrated that the operation will not damage natural watercourses within the proposed permit and adjacent areas. You may meet this requirement by demonstrating that the proposed operation will comply with all of the following requirements:

(i) The proposed operation will not increase the amount or concentration of parameters of concern in discharges to groundwater and surface water from the proposed permit area, when compared to the discharges that would occur if the operation were designed to adhere to approximate original contour restoration requirements.

(ii) The proposed operation will not result in any greater adverse impact to the aquatic and terrestrial ecology of the proposed permit and adjacent area than would occur if the area to be mined was restored to its approximate original contour.

(iii) The proposed operation will not result in changes in the size or frequency of peak flows from the proposed permit area that would cause an increase in flooding, when compared to the impacts that would occur if the operation were designed to adhere to approximate original contour restoration requirements.

(iv) The total volume of flow from the proposed permit area, during every season of the year, will not vary in a way that would adversely affect any -

(A) Designated use of a surface water located outside the proposed permit area under section 303(c) of the Clean Water Act, 33 U.S.C. 1313(c), or, if there are no designated uses, any premining use of a surface water located outside the proposed permit area.

(B) Premining use of groundwater located outside the proposed permit area.

(v) Any other demonstrations that the regulatory authority finds necessary to determine that no damage will occur to natural watercourses within the proposed permit and adjacent areas.

(10) The revegetation plan proposed under § 780.12(g) of this chapter requires that those portions of the proposed permit area that are forested at the time of application or that would revert to forest under conditions of natural succession be revegetated using native tree and understory species to the extent that this requirement is not inconsistent with attainment of the proposed postmining land use.

(11) The proposed operation complies with all other requirements of the regulatory program.

(c) Additional requirements for permit issuance.

(1) The permit must specifically identify the acreage and location of the lands on which mountaintop removal mining operations will occur within the permit area.

(2) The permit must include a condition prohibiting the release of any part of the bond posted for the permit under part 800 of this chapter until substantial implementation of the approved postmining land use is underway. The condition must provide that the prohibition does not apply to any portion of the bond that is in excess of an amount equal to the cost of regrading the site to its approximate original contour and revegetating the regraded land in the event that the approved postmining land use is not implemented.

(3) The regulatory authority must clearly mark the permit issued under this part as including mountaintop removal mining operations.

(d) Subsequent permit reviews.

(1) The regulatory authority must review each permit issued under this section in accordance with § 774.10(a)(2) of this chapter.

(2) The regulatory authority may modify the

2) The applicant demonstrates that in place of restoration of the land to be affected to the approximate original contour under §§ 816.102, 816.104, 816.105, and 816.107 of this chapter, the operation will be conducted in compliance with the requirements of part 824 of this chapter.

(3) The requirements of 30 CFR 824 are made a specific condition of the permit.

(4) All other requirements of the Act, this chapter, and the regulatory program are met by the proposed operations.

(5) The permit is clearly identified as being for mountaintop removal mining.

(d)

(1) Any permits incorporating a variance issued under this section shall be reviewed by the regulatory authority to evaluate the progress and development of mining activities to establish that the operator is proceeding in accordance with the terms of the variance -

(i) Within the sixth month preceding the third year from the date of its issuance;

(ii) Before each permit renewal; and

(iii) Not later than the middle of each permit term.

(2) Any review required under paragraph (d)(1) of this section need not be held if the permittee has demonstrated and the regulatory authority finds, in writing, within three months before the scheduled review, that all operations under the permit are proceeding and will continue to be conducted in accordance with the terms of the permit and requirements of the Act, this chapter, and the regulatory program.

(3) The terms and conditions of a permit for mountaintop removal mining may be modified at any time by the regulatory authority, if it determines that more stringent measures are necessary to insure that the operation involved is conducted in compliance with the requirements of the Act, this chapter, and the regulatory program.

[44 FR 15370, Mar. 13, 1979, as amended at 48 FR 39904, Sept. 1, 1983; 52 FR 39183, Oct. 20, 1987; 81 FR 93379, Dec. 20, 2016; 82 FR 54965, Nov. 17, 2017]