§ 816.56 - Postmining rehabilitation of sedimentation ponds, diversions, impoundments, and treatment facilities.

§ 816.56 What additional performance standards apply to mining activities conducted in or through an ephemeral stream?

(a) Compliance with federal, state, and tribal water quality laws and regulations.

(1) You may conduct surface mining activities in or affecting waters subject to the jurisdiction of the Clean Water Act, 33 U.S.C. 1251 et seq., only if you first obtain all necessary authorizations, certifications, and permits under that law.

(2) Surface mining activities must comply with all applicable state and tribal laws and regulations concerning surface water and groundwater.

(b) Postmining surface drainage pattern and stream-channel configuration. If you mine through an ephemeral stream, you must construct a postmining surface drainage pattern and stream-channel configurations that are consistent with the surface drainage pattern and stream-channel configurations approved in the permit in accordance with § 780.27 of this chapter.

(c) Establishment of streamside vegetative corridors.

(1) If you mine through an ephemeral stream, you must establish a vegetative corridor at least 100 feet wide along each bank of the reconstructed stream channel. The 100-foot distance must be measured horizontally on a line perpendicular to the stream, beginning at the ordinary high water mark. The corridor must be consistent with natural vegetation patterns.

(2) When planting the streamside vegetative corridors required by paragraph (c)(1) of this section, you must -

(i) Use appropriate native species adapted to the area, unless an agency responsible for implementing section 404 of the Clean Water Act, 33 U.S.C. 1344, requires the use of non-native species.

(ii) Ensure that the species planted are consistent with the revegetation plan approved in the permit.

(iii) Include appropriate native hydrophytic vegetation, vegetation typical of floodplains, or hydrophilic vegetation characteristic of riparian areas and wetlands to the extent that the corridor contains suitable habitat for those species and the stream and the geomorphology of the area are capable of supporting vegetation of that nature.

(iv) Use native trees and shrubs when planting areas within the streamside corridor that were forested at the time of application or that would revert to forest under conditions of natural succession.

(3) Paragraphs (c)(1) and (2) of this section do not require planting of hydrophytic or hydrophilic species within those portions of streamside corridors where the stream, soils, or climate are incapable of providing the moisture or other growing conditions needed to support and sustain hydrophytic or hydrophilic species. In those situations, you must plant the corridor with appropriate native species that are consistent with the baseline information concerning natural streamside vegetation included in the permit application under § 779.19 of this chapter, unless otherwise directed by an agency responsible for implementing section 404 of the Clean Water Act, 33 U.S.C. 1344.

(4) Paragraphs (c)(1) through (3) of this section do not apply to -

(i) Prime farmland historically used for cropland; or

(ii) Situations in which establishment of a streamside vegetative corridor comprised of native species would be incompatible with an approved postmining land use that is implemented before final bond release under §§ 800.40 through 800.43 of this chapter.

Postmining rehabilitation of sedimentation ponds, diversions, impoundments, and treatment facilities.

Before abandoning a permit area or seeking bond release, the operator shall ensure that all temporary structures are removed and reclaimed, and that all permanent sedimentation ponds, diversions, impoundments, and treatment facilities meet the requirements of this chapter for permanent structures, have been maintained properly, and meet the requirements of the approved reclamation plan for permanent structures and impoundments. The operator shall renovate such structures if necessary to meet the requirements of this chapter and to conform to the approved reclamation plan.

[48 FR 44005, Sept. 26, 1983, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]