Oklahoma Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936

Oklahoma Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule, approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Oklahoma

regulatory program (hereinafter referred to as the ``Oklahoma

program'') under the Surface Mining Control and Reclamation Act of 1977

(SMCRA). The proposed amendment consists of recodification of

Oklahoma's coal mining rules and revisions to the rules pertaining to

hydrologic balance requirements for siltation structures, sedimentation

pond storage volume, subsidence control and public notice, road

systems, protection of underground [[Page 16048]] mining, and soil

removal, stockpiling, and replacement requirements for prime farmland.

Oklahoma submitted the amendment with the intent of revising its rules

to be consistent with the corresponding Federal regulations, clarifying

ambiguities, and improving operational efficiency.

EFFECTIVE DATE: March 29, 1995.

FOR FURTHER INFORMATION CONTACT:

James H. Moncrief, Telephone: (918) 581-6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma Program

On January 19, 1981, the Secretary of the Interior conditionally

approved the Oklahoma program. General background information on the

Oklahoma program, including the Secretary's findings, the disposition

of comments, and the conditions of approval of the Oklahoma program can

be found in the January 19, 1981, Federal Register (46 FR 4902).

Subsequent actions concerning Oklahoma's program and program amendments

can be found at 30 CFR 936.15, 936.16, and 936.30.

II. Submission of Amendment

On September 14, 1994, Oklahoma submitted a proposed amendment to

its program pursuant to SMCRA (30 U.S.C. 1201 et seq., administrative

record No. OK-963). Oklahoma submitted the proposed amendment in part

at its own initiative and in part with the intent of revising the

Oklahoma program to be consistent with the corresponding Federal

regulations.

Oklahoma proposed to revise the Oklahoma Coal Rules and Regulations

at Department of Mines/Rules and Regulations (DOM/RR) sections 816.46

and 817.46, hydrologic balance and siltation structures; section

823.12, prime farmland soil removal; section 823.13, prime farmland

soil stockpiling; and section 823.14, prime farmland soil replacement.

Oklahoma also proposed to recodify its rules in accordance with the

standards set forth by the Oklahoma State Legislature and the Office of

Administrative Code.

OSM announced receipt of the proposed amendment in the September

27, 1994, Federal Register (59 FR 49223), provided an opportunity for a

public hearing or meeting on its substantive adequacy, and invited

public comment on its adequacy (administrative record No. OK-963.03).

Because no one requested a public hearing or meeting, none was held.

The public comment period ended on October 27, 1994.

During its review of the amendment, OSM identified concerns

relating to the provisions of recodified Oklahoma Administrative Code

(OAC) 460:20-27-20(b) and 460:20-31-17(b), primary road certification

requirements for road systems and transportation facilities. OSM also

identified concerns with Oklahoma's proposed rule recodification

relating to OAC 460:20-43-12(f)(8), sedimentation pond storage volume;

OAC 460:20-43-47 and 460:20-43-48, subsidence control for surface

mining activities; OAC 460:20-45-28, protection of underground mining;

and various editorial and citation inconsistencies. OSM notified

Oklahoma of the concerns by letter dated November 22, 1994

(administrative record No. OK-963.08).

By letter dated December 20, 1994, Oklahoma responded to the

concerns identified in OSM's November 22, 1994, letter by submitting

the revised amendment and additional explanatory information

(administrative record No. OK-963.10). The provisions that Oklahoma

proposed to revise and add were: OAC 460:20-27-20(b) and 460:20-31-

17(b), concerning the as-built requirements regarding primary road

certification for road systems and transportation facilities; OAC

460:20-43-12(f)(8), concerning the requirement that sediment shall be

removed from a structure when the sediment storage volume is 80 percent

filled; OAC 460:20-45-47 and 460:20-45-48, concerning subsidence

control for surface mining activities; and OAC 460:20-45-28, concerning

the protection of underground mining. Oklahoma also proposed revisions

to and provided additional explanatory information for the

recodification of its coal mining rules.

Based upon the revisions to and additional explanatory information

for the proposed program amendment submitted by Oklahoma, OSM reopened

the public comment period in the December 30, 1994, Federal Register

(59 FR 67694; administrative record No. OK-963.12). The public comment

period closed on January 17, 1995.

After the closing of the reopened comment period, OSM became aware

that both Oklahoma's September 14, 1994, and December 20, 1994,

amendment submittals contained a number of rule revisions that were

previously approved by OSM on December 18, 1990 (55 FR 51902), and

promulgated by Oklahoma on July 25, 1994. Because the previously

approved provisions were formatted in such a manner so as to appear as

if they were being submitted for the first time, OSM, in both the

September 27, 1994, and December 30, 1994, Federal Register notices

opening and reopening the public comment period, inadvertently

identified those previously approved Oklahoma rules as being currently

proposed revisions to the Oklahoma program. To alleviate confusion as

to which provisions were actually unapproved when submitted to OSM for

approval, this notice addresses only the unapproved provisions

submitted by Oklahoma.

III. Director's Findings

As discussed below, the Director, in accordance with SMCRA and 30

CFR 732.15 and 732.17, finds that the proposed program amendment

submitted by Oklahoma on September 14, 1994, and as revised by it on

December 20, 1994, is no less effective than the corresponding Federal

regulations. The Director approves the proposed amendment.

1. Nonsubstantive Recodification of Oklahoma's Rules

Oklahoma, in accordance with the standards set forth by the

Oklahoma State Legislature and the Oklahoma Office of Administrative

Code, proposed to recodify its coal mining rules as OAC title 460,

chapter 20, with underlying subchapters specifying the various surface

and underground coal mining provisions.

Oklahoma's proposed recodification of its rules is nonsubstantive

in nature, and the Director finds that the recodification does not make

its rules less effective than the Federal regulations. Therefore, the

Director approves the proposed recodification. OSM uses Oklahoma's

recodified rule citations throughout this Federal Register notice.

2. Substantive Revisions to Oklahoma's Rules That Are Substantively

Identical to the Corresponding Provisions of the Federal Regulations

Oklahoma proposed revisions to OAC 460:20-49-5(a)(1), 460:20-49-6,

and 460:20-49-7(5), concerning soil removal, stockpiling, and

replacement requirements for prime farmland, that are substantive in

nature and contain language that is substantively identical to the

requirements of the corresponding Federal regulations at 30 CFR 701.5,

823.12(c)(1), and 823.14(e).

Because these proposed Oklahoma rules are substantively identical

to the corresponding provisions of the Federal regulations, the

Director finds that they are no less effective than the Federal

regulations. The Director approves these proposed

rules. [[Page 16049]]

3. OAC 460:20-27-20(b), 460:20-31-17(b), 460:20-43-53(1), and 460:20-

45-53(1), Primary Road Certification Requirements for Road Systems and

Transportation Facilities

Oklahoma proposed to revise its rules by moving the ``as-built''

certification requirements for primary roads from its permitting rules

at OAC 460:20-27-20(b) and 460:20-31-17(b) to its performance standard

rules at 460:20-43-53(1) and 460:20-45-53(1). As-built certifications

ensure that structures are constructed as designed.

The Federal as-built regulations at 30 CFR 816.151(a) and

817.151(a) require, in pertinent part, that the construction or

reconstruction of primary roads shall be certified in a report to the

regulatory authority by a qualified, registered, professional engineer,

or in any State which authorizes land surveyors to certify the

construction or reconstruction of primary roads, a qualified,

registered, professional land surveyor with experience in the design

and construction of roads.

Oklahoma's moving of its as-built requirements for primary roads

from the permitting requirements of OAC 460:20-27-20(b) and 460:20-31-

17(b) to the performance standard requirements of OAC 460:20-43-53(1)

and 460:20-45-53(1) is consistent with the as-built counterpart Federal

regulations at 30 CFR 816.151(a) and 817.151(a), which are contained in

the Federal road performance standards.

The Director finds that Oklahoma's proposed revisions to OAC

460:20-43-53(1), and 460:20-45-53(1) are no less effective than the

Federal regulations at 30 CFR 816.151(a) and 817.151(a). The Director

approves Oklahoma's rule revisions.

4. OAC 460:20-43-12(b)(3) and 460:20-45-12(b)(3), Certification of

Construction of Siltation Structures by Qualified, Registered

Professional Engineers and Land Surveyors

At OAC 460:20-43-12(b)(3) and 460:20-45-12(b)(3), Oklahoma proposed

to delete the references to OAC 460:20-27-14(a) and 460:20-31-9(a).

Existing OAC 460:20-43-12(b)(3) and 460:20-45-12(b)(3) authorize both

qualified, registered professional engineers and land surveyors in

Oklahoma to certify the construction of siltation structures; existing

referenced OAC 460:20-27-14(a) and 460:20-31-9(a) authorize only

qualified, registered professional engineers to certify design plans

for siltation structures. OSM approved these existing rules on December

18, 1990, (finding No. 2, 55 FR 51902, 51903-4) on the basis that the

by-laws of the Oklahoma State Board of Registration of Professional

Engineers and Surveyors authorizes qualified, registered professional

engineers to certify the construction and design of siltation

structures but authorizes qualified, professional land surveyors to

certify only the construction of siltation structures. In this

approval, OSM found Oklahoma's rules to be no less effective than the

corresponding Federal regulations at 30 CFR 816.46(b)(3) and

817.46(b)(3).

Oklahoma's proposed deletions in the construction certification

rules at OAC 460:20-43-12(b)(3) and 460:20-45-12(b)(3) of the

references to the design certification rules at OAC 460:20-27-14(a) and

460:20-31-9(a) eliminate any possible confusion on what certifications

qualified, registered professional engineers and land surveyors can

make under the approved Oklahoma program.

Oklahoma's proposed revisions to OAC 460:20-43-12(b)(3) and 460:20-

45-12(b)(3) deleting the references to OAC 460:20-27-14(a) and 460:20-

31-9(a) are consistent with OSM's previous approval and are no less

effective than the Federal regulations at 30 CFR 816.46(b)(3) and

817.46(b)(3). Accordingly, the Director approves Oklahoma's rule

revisions.

5. OAC 460:20-43-12(f)(8), Sedimentation Pond Storage Volume

Oklahoma proposed to revise OAC 460:20-43-12(f)(8) to delete the

requirement that sediment be removed from a sedimentation pond when the

sediment storage volume is 80 percent filled. It did so to be

consistent with its rule at OAC 460:20-43(c)(1)(C)(vi) and the Federal

regulations at 30 CFR 816.46(c)(iii)(F) that require that ponds be

maintained to provide periodic sediment removal sufficient to maintain

adequate volume for the design event. Oklahoma's proposed deletion of

OAC 460:20-43-12(f)(8) alleviates the regulatory inconsistency in its

rules with the provision at OAC 460:20-43-12(c)(1)(C)(vi) and is

consistent with and no less effective than the Federal regulations at

30 CFR 816.46(c)(iii)(F). Accordingly, the Director approves Oklahoma's

proposed rule revision.

6. OAC 460:20-43-47 and 48, Subsidence Control and Public Notice

Oklahoma proposed to revise its surface mining activities

performance standards provisions at OAC 460:20-43-47 and 48 to add

subsidence control and public notice measures that apply to underground

mining activities. Oklahoma explained that it was doing so because it

issues underground mine permits pursuant to the surface mine

requirements included in Subchapter 43 (administrative record No. OK-

963.10).

The Federal regulations corresponding to OAC 460:20-43-47 and 48

are at 30 CFR 817.121 and 817.122. These Oklahoma rules include the

same subsidence control and notice requirements as these Federal

regulations. However, OSM notes it has proposed revisions to 30 CFR

817.121 to comply with revisions to SMCRA made by the Energy Policy Act

of 1992 (58 FR 50174, September 24, 1993). Once OSM promulgates new

regulations, it will notify Oklahoma in accordance with 30 CFR

732.17(d) of any necessary revisions to Oklahoma's program. Until such

time the Director finds that Oklahoma's proposed subsidence control and

notice rules at OAC 460:20-43-47 and 48 are no less effective than the

currently promulgated regulations at 30 CFR 817.121 and 817.122.

Therefore, the Director approves the proposed rule revisions.

7. OAC 460:20-45-28, Protection of Underground Mining

Oklahoma proposed to revise its underground mining performance

standards at OAC 460:20-45-28 to delete a provision regarding the

protection of underground mining operations from the effects of surface

mining activities. However, Oklahoma still retains in its surface

mining performance standards at OAC 460:20-43-28 an identical

requirement. Therefore, the Oklahoma rules still provide an identical

level of protection to underground mining operations from the adverse

effects of surface mining activities.

There are no Federal underground mining regulations that correspond

to the deleted Oklahoma rule. However, the Federal surface mining

regulation at 30 CFR 816.79 sets forth provisions regarding the

protection of underground mining operations from the effects of surface

mining activities that are substantively identical to the Oklahoma

surface mining requirements at OAC 460:20-43-28. Therefore, the

Director finds that the proposed deletion of the underground mining

protection provision at OAC 460-20-45-28 and retention of an identical

provision at OAC 460:20-43-28 is no less effective than the Federal

regulations at 30 CFR 816.79. The Director approves the proposed rule

revision.

IV. Summary and Disposition of Comments

The Director notes that the following public and Federal agency

comments were received in response to the [[Page 16050]] September 27,

1994, and December 30, 1994, proposed rule Federal Register notices

that inadvertently identified certain previously approved Oklahoma

rules as being currently proposed revisions to the Oklahoma program.

1. Public Comments

OSM invited public comments on the proposed amendment, but none

were received.

2. Federal Agency Comments

Pursuant to 732.17(h)(11)(i), OSM solicited comments on the

proposed amendment from various Federal agencies with an actual or

potential interest in the Oklahoma program (administrative record No.

OK-963.02).

The U.S. Army Corps of Engineers responded on September 30, 1994,

that Oklahoma's proposed revisions were satisfactory (administrative

record No. OK-963.04).

The U.S. Bureau of Mines (BOM) responded on September 27, 1994,

that while Oklahoma's proposed rule to OAC 460:20-27-14(a)(1)(A)

deletes the reference to preparation and certification of the design of

ponds, impoundments, banks, dams and embankments, by a ``professional

geologist, or a qualified, registered, professional land surveyor,''

the proposed rule to OAC 460:20-43-12(b)(3) then adds the statement

that siltation structure construction may be certified by a

``registered professional land surveyor'' (administrative record No.

OK-963.05). BOM further stated that this appears to be a contradiction

in that in one instance, qualified, registered, professional land

surveyors are not allowed to design the ponds, yet they are allowed to

certify that the ponds are constructed correctly. Finally, BOM

commented that this same contradiction occurs in OAC 460:20-45-12 for

underground mining activities.

As discussed in finding No. 4 and OSM's December 18, 1990, final

rule Federal Register notice, Oklahoma's by-laws of the State Board of

Registration for Professional Engineers and Surveyors do not authorize

registered land surveyors in Oklahoma to prepare and/or certify

engineered designs, but they do authorize land surveyors to certify the

construction of siltation structures since certification that a

structure is built according to design does not require the same

qualified expertise as the actual design of the structure (finding No.

2, 55 FR 51902, 51903-4). Accordingly, Oklahoma's rules at OAC 460:20-

27-14(a)(1)(A), 460:20-31-9(a)(1)(A, 460:20-43-12(b)(3), and 460:20-45-

12(b)(3) do not contradict each other.

The U.S. Bureau of Land Management (BLM) responded on October 12,

1994, by commenting that under OAC 460:20-45-12(b)(3), a registered

professional land surveyor is authorized to certify that siltation

structures are constructed as designed, but the authorization for a

registered professional land surveyor to prepare and certify siltation

structure plans designs has been removed elsewhere in Oklahoma's rules

(administrative record No. OK-963.06). BLM then inquired as to whether

OSM intended to retain the certification authorization for registered

professional land surveyors at OAC 460:20-45-12(b)(3). In response to

this comment, the Director refers BLM to the discussion above, which

responds to BOM concerns regarding the same issue.

BLM further commented that it questioned the practicality of the

change under the prime farmland soil removal rule at OAC 460:20-49-

5(a)(1) where Oklahoma proposed to delete language that would have

allowed surface coal mining and reclamation operations on prime

farmland to remove other suitable soil materials which will create a

final soil having productive capacity equal to that which existed prior

to mining.

BLM commented that when soil is removed, stockpiled, and reapplied

there is some loss and mixing due to the limitations of the handling

process itself. When soil is removed and stockpiled there is a

mycorrhyzal degradation within the soil. Further, more significant

mycorrhyzal degradation occurs over time within the stockpile.

Mycorrhyzal degradation lowers soil productivity. BLM also stated that

expecting greater productivity from soil which has undergone such

disturbance is not reasonable and that it would be more productive for

the guidelines to recommend seeding topsoil piles with a temporary

cover grass for the duration of stockpiling. Finally, BLM commented

that such seeding would maintain some of the mycorrhyzal community

within the stockpiled topsoil.

The Director acknowledges BLM's concerns regarding diminished soil

productivity. However, section 515(b)(7)(A) of SMCRA requires, in

pertinent part, that ``[f]or all prime farm lands * * * the operator

shall, as a minimum, be required to * * * segregate the A horizon of

the natural soil, except where it can be shown that other available

soil materials will create a final soil having a greater productivity

capacity * * *'' (emphasis added). Also, the corresponding Federal

regulations at 30 CFR 823.12(c)(1) require, in pertinent part, that

``[s]oil removal and stockpiling operations on prime farmland shall be

conducted to * * * remove other suitable soil materials where such

other soil materials will create a final soil having a greater

productive capacity than that which exist prior to mining'' (emphasis

added). OSM previously approved Oklahoma's rule revision in the

December 18, 1990, final rule Federal Register notice (55 FR 51902,

51903), as being substantively identical to the corresponding

provisions of the Federal regulations at 30 CFR 823.12(c)(1).

Accordingly, Oklahoma's deletion of the aforementioned phrase ``an

equal or'' is no less stringent than section 515(b)(7)(A) of SMCRA and

no less effective than the corresponding Federal regulations at 30 CFR

823.12(c)(1).

In addition, the Director notes that the State and Federal

requirements that a final soil have a greater productive capacity than

that which existed prior to mining applies only to topsoil substitutes,

and not the original topsoil material. Finally, the Director refers BLM

to the Federal regulations at 30 CFR 816.22(c)(2)(iii), which require,

in pertinent part, that ``[s]tockpiled topsoil materials shall be

protected from wind and water erosion through prompt establishment and

maintenance of an effective, quick growing vegetative cover or through

other measures approved by the regulatory authority.'' Oklahoma's

counterpart rule at OAC 460:20-43-7(c)(2)(C) is substantively identical

to 30 CFR 816.22(c)(2)(iii). While OSM cannot dictate that Oklahoma

always require operators to seed topsoil, by virtue of the fact that

nearly all operators in Oklahoma do seed topsoil, BLM's recommendation

for seeding topsoil piles is almost always implemented in Oklahoma.

3. Environmental Protection Agency (EPA) Concurrence and Comments

Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to solicit

the written concurrence of EPA with respect to those provisions of the

proposed program amendment that relate to air or water quality

standards promulgated under the authority of the Clean Water Act (33

U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).

None of the revisions that Oklahoma proposed to make in its

amendment pertain to air or water quality standards. Therefore, OSM did

not request EPA's concurrence.

Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the

proposed amendment from EPA (administrative record No. OK-963.02). It

responded on October 13, 1994, that [[Page 16051]] it had no objections

to the approval of Oklahoma's proposed regulations (administrative

record No. OK-963.07).

4. State Historic Preservation Officer (SHPO) and the Advisory Council

on Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the

proposed amendment from the SHPO and ACHP (administrative record No.

OK-963.02). Neither SHPO nor ACHP responded to OSM's request.

V. Director's Decision

Based on the above findings, the Director approves Oklahoma's

proposed amendment as submitted on September 14, 1994, and as revised

on December 20, 1994.

The Director approves, as discussed in: Finding No. 1, concerning

Oklahoma's proposed recodification of its coal mining rules; finding

No. 2, OAC 460:20-49-5(a)(1), 460:20-49-6, and 460:20-49-7(5),

concerning soil removal, stockpiling, and replacement requirements for

prime farland; finding No. 3, OAC 460:20-27-20(b), 460:20-31-17(b),

460:20-43-53(1), and 460:20-45-53(1), concerning primary road

certification requirements for road systems and transportation

facilities; finding No. 4, OAC 460:20-43-12(b)(3) and 460:20-45-

12(b)(3), concerning certification of construction of siltation

structures by qualified, registered professional engineers and land

surveyors; finding No. 5, OAC 460:20-43-12(f)(8), concerning

sedimentation pond storage volume; finding No. 6, OAC 460:20-43-47 and

-48, concerning subsidence control and public notice; and finding No.

7, OAC 460:20-45-28, concerning protection of underground mining.

The Director approves the rules as proposed by Oklahoma with the

provision that they be fully promulgated in identical form to the rules

submitted to and reviewed by OSM and the public.

The Federal regulations at 30 CFR Part 936, codifying decisions

concerning the Oklahoma program, are being amended to implement this

decision. This final rule is being made effective immediately to

expedite the State program amendment process and to encourage States to

bring their programs into conformity with the Federal standards without

undue delay. Consistency of State and Federal standards is required by

SMCRA.

VI. Procedural Determinations

1. Executive Order 12866

This rule is exempted from review by the Office of Management and

Budget (OMB) under Executive Order 12886 (Regulatory Planning and

Review).

2. Executive Order 12778

The Department of the Interior has conducted the reviews required

by section 2 of Executive Order 12778 (Civil Justice Reform) and has

determined that this rule meets the applicable standards of subsections

(a) and (b) of that section. However, these standards are not

applicable to the actual language of State regulatory programs and

program amendments since each such program is drafted and promulgated

by a specific State, not by OSM. Under sections 503 and 505 of SMCRA

(30 U.S.C. 1253 and 1255) and the Federal regulations at 30 CFR 730.11,

732.15, and 732.17(h)(10), decisions on proposed State regulatory

programs and program amendments submitted by the States must be based

solely on a determination of whether the submittal is consistent with

SMCRA and its implementing Federal regulations and whether the other

requirements of 30 CFR Parts 730, 731, and 732 have been met.

3. National Environmental Policy Act

No environmental impact statement is required for this rule since

section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency

decisions on proposed State regulatory program provisions do not

constitute major Federal actions within the meaning of section

102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.

4332(2)(C)).

4. Paperwork Reduction Act

This rule does not contain information collection requirements that

require approval by OMB under the Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

5. Regulatory Flexibility Act

The Department of the Interior has determined that this rule will

not have a significant economic impact on a substantial number of small

entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

The State submittal which is the subject of this rule is based upon

counterpart Federal regulations for which an economic analysis was

prepared and certification made that such regulations would not have a

significant economic effect upon a substantial number of small

entities. Accordingly, this rule will ensure that existing requirements

previously promulgated by OSM will be implemented by the State. In

making the determination as to whether this rule would have a

significant economic impact, the Department relied upon the data and

assumptions for the counterpart Federal regulations.

List of Subjects in 30 CFR Part 936

Intergovernmental relations, Surface mining, Underground mining.

Dated: March 25, 1995.

Charles E. Sandberg,

Acting Assistant Director, Western Support Center.

For the reasons set out in the preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal Regulations is amended as set forth

below:

PART 936--OKLAHOMA

1. The authority citation for Part 936 continues to read as

follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 936.15 is amended by adding paragraph (p) to read as

follows:

Sec. 936.15 Approval of amendments to the Oklahoma regulatory program.

* * * * *

(p) Recodification of Oklahoma's rules and revisions to the

following provisions of Oklahoma's recodified rules, as submitted to

OSM on September 14, 1994, and as revised on December 20, 1994, are

approved effective March 29, 1995:

OAC 460:20-43-12(b)(3) and 460:20-45-12(b)(3), certification of

construction of siltation structures by qualified, registered

professional engineers and land surveyors;

OAC 460: 20-43-12(f)(8), sedimentation pond storage volume;

OAC 460: 20-43-47 and 48, subsidence control for surface mining

activities;

OAC 460: 20-43-53(1) and 460:20-45-53(1), primary road certification

requirements for road systems and transportation facilities;

OAC 460: 20-45-28, protection of underground mining; and

OAC 460: 20-49-5(a)(1), 460: 20-49-6, and 460:20-49-7(5), soil removal,

soil stockpiling, and soil replacement requirements for prime farmland.

[FR Doc. 95-7697 Filed 3-28-95; 8:45 am]

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