Abandoned Mine Land Reclamation Program Guidelines

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