§ 780.27 - Reclamation plan: Surface mining near underground mining.

§ 780.27 What additional permitting requirements apply to proposed activities in or through ephemeral streams?

(a) Clean Water Act requirements. If

Reclamation plan: Surface mining near underground mining.

For surface mining activities within the proposed permit area

includes waters subject to the jurisdiction of the Clean Water Act, 33 U.S.C. 1251 et seq., the regulatory authority must condition the permit to prohibit initiation of surface mining activities in or affecting those waters before you obtain all necessary authorizations, certifications, and permits under the Clean Water Act, 33 U.S.C. 1251 et seq.

(b) Postmining surface drainage pattern and stream-channel configuration.

(1) If you propose to mine through an ephemeral stream, your application must include a plan to construct -

(i) A postmining surface drainage pattern that is similar to the premining surface drainage pattern, relatively stable, and in dynamic near-equilibrium; and

(ii) Postmining stream-channel configurations that are relatively stable and similar to the premining configuration of ephemeral stream channels.

(2) The regulatory authority may approve or require a postmining surface drainage pattern or stream-channel configuration that differs from the pattern or configuration otherwise required under paragraph (b)(1) of this section when the regulatory authority finds that a different pattern or configuration is necessary or appropriate to -

(i) Ensure stability;

(ii) Prevent or minimize downcutting or widening of reconstructed stream channels and control meander migration;

(iii) Promote enhancement of fish and wildlife habitat;

(iv) Accommodate any anticipated temporary or permanent increase in surface runoff as a result of mining and reclamation;

(v) Accommodate the construction of excess spoil fills, coal mine waste refuse piles, or coal mine waste impounding structures;

(vi) Replace a stream that was channelized or otherwise severely altered prior to submittal of the permit application with a more natural, relatively stable, and ecologically sound drainage pattern or stream-channel configuration; or

(vii) Reclaim a previously mined area.

(c) Streamside vegetative corridors.

(1) If you propose to mine through an ephemeral stream, your application must include a plan to establish a vegetative corridor at least 100 feet wide along each bank of the reconstructed stream channel, consistent with natural vegetation patterns.

(2) The plan submitted under paragraph (c)(1) of this section must be consistent with the requirements of § 816.56(c) of this chapter for vegetative corridors along ephemeral streams.

(3) Paragraphs (c)(1) and (2) of this section do not apply to prime farmland historically used for cropland.

to be conducted within 500 feet of an underground mine, the application shall describe the measures to be used to comply with 30 CFR 816.79.

[44 FR 15357, Mar. 13, 1979, as amended at 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]