Section 280.30 Existing Surface Mines

Section 280

Section 280.30  Existing

Surface Mines

a)         Permits

1)         The Section 4 permits of all existing surface mines are hereby

deemed to incorporate Section 17 conditions.  The additional terms and

requirements of such permits are that holders shall comply with Section 502(c)

and 522(e) of the Federal Act, with the Federal Regulations and with these

Regulations.  Section 4 permits with Section 17 conditions include all

structures or facilities used in connection with, or to facilitate mining where

such structures or facilities are located within the boundaries of a Section 4

permit.

2)         Where structures or facilities used in connection with, or to

facilitate mining, are not included in a present surface mining permit, a

permittee must file an application on a form designated by the Authority no

later than February 28, 1979, or such further time as allowed in writing by the

Authority.

b)         Actions Required of Existing Surface Mines.  In addition to

other requirements which are applicable by their terms, all permittees of

existing surface mines shall request the following determinations pursuant to

the Federal Regulations, and obtain approval from the Authority before

commencing or performing any of the acts indicated in the respective sections

of the Federal Regulations referenced below.

1)         Structures or Facilities.  All structures or facilities used

in connection with, or to facilitate mining must comply with the performance

standards contained in the regulations unless otherwise exempted by the

Authority.  Exemptions granted on a case by case basis pursuant to written request

where it is shown that granting the exemption will have no adverse impact on

health, safety or the environment.

2)         Signs and Markers, 30 CFR 715.12(c).  Permittees shall obtain

approval for means of perimeter marking other than clear, durable and easily

recognized markers prior to use.

3)         Alternative Post-Mining Land Use, 30 CFR 715.13(d)

case basis pursuant to written request

where it is shown that granting the exemption will have no adverse impact on

health, safety or the environment.

2)         Signs and Markers, 30 CFR 715.12(c).  Permittees shall obtain

approval for means of perimeter marking other than clear, durable and easily

recognized markers prior to use.

3)         Alternative Post-Mining Land Use, 30 CFR 715.13(d).  All

reclamation plans approved prior to May 3, 1978, remain in full force and

effect and are deemed to have been issued in compliance with 30 CFR 715.13(d).

Owners and operators shall obtain approval of changes in previously approved

post-mining land use.  If a reclamation plan revision is proposed, an

application for amendment pursuant to Illinois law must be made and county

review afforded in conjunction with determination under 30 CFR 715.13(d).

4)         Final Graded Slope Measurements, 30 CFR 715.14(a).  Permittees

shall obtain approval of pre-mining slope measurements prior to mining, of

final graded slope measurement prior to final slope completion, and of final

grade.

5)         Final Graded Slope Variations and Terracing, 30 CFR 715.14(b).

Permittees shall obtain approval prior to regrading or terracing.

6)         Small Depressions, 30 CFR 715.14(d).  Approval of the use of

small depressions shall be obtained by the permittee prior to use.

7)         Thin Overburden, 30 CFR 715.14(f) and (g).  If thin overburden

exists, permittees shall obtain approval for transport, backfill and grade

plans prior to first transport.

8)         Stabilizing Rills and Gullies, 30 CFR 715.14(i).  If

significant additional erosion and sedimentation occurs or threatens to occur,

or if the approved post-mining land use will be adversly disrupted, permittees

shall obtain advance approval of rill and gully correction measures to be used.

9)         Use of Waste Material and Backfilling, 30 CFR 715.14(j)

ns prior to first transport.

8)         Stabilizing Rills and Gullies, 30 CFR 715.14(i).  If

significant additional erosion and sedimentation occurs or threatens to occur,

or if the approved post-mining land use will be adversly disrupted, permittees

shall obtain advance approval of rill and gully correction measures to be used.

9)         Use of Waste Material and Backfilling, 30 CFR 715.14(j).  If

waste materials are causing or threatening to cause the formation of acids,

toxic materials, combustible materials or upward migration of salts, permittees

shall request an immediate determination of the adequacy of cover from the

Regulatory Authority.  Permittees shall request approval of stabilization

techniques and use of waste materials as fill in advance, if not already

specified in Section 4 permits.

10)       Disposal of Surplus Spoil, 30 CFR 715.15.  Permittees shall

obtain approval prior to disposal of surplus spoil.

11)       Topsoil Handling and Supplemental Material.  Topsoil shall be

handled in a manner consistent with the topsoil handling requirements of 30 CFR

715.16 on all lands mined after May 3, 1978.  Requests under 30 CFR

715.16(a)(4) for use of selected overburden material shall be approved prior to

use.

12)       Topsoil Storage, 30 CFR 715.16(c).  No topsoil shall be

stockpiled without prior approval of the Regulatory Authority.  Requests to move

stockpiled topsoil prior to redistribution shall be obtained in advance.

13)       Exemption from Use of Sedimentation Ponds.  All permittees must

comply with 30 CFR 715.17(a), unless an exemption for the use of sediment ponds

is requested and obtained from the Regulatory Authority.

14)       Approval of Surface Water Monitoring Program, 30 CFR

715.15(b)(1). All permittees must have a surface water monitoring program

approved and on file with the Authority.

15)       Stream Channel Diversions, 30 CFR 715.17(d)

Ponds.  All permittees must

comply with 30 CFR 715.17(a), unless an exemption for the use of sediment ponds

is requested and obtained from the Regulatory Authority.

14)       Approval of Surface Water Monitoring Program, 30 CFR

715.15(b)(1). All permittees must have a surface water monitoring program

approved and on file with the Authority.

15)       Stream Channel Diversions, 30 CFR 715.17(d).  All permittees

must submit a permit amendment application at least 120 days prior to desired

use, if not already approved in a Section 4 permit.

16)       Mining Through a Perennial or Intermittent Stream, 30 CFR

715.17(d)(3). Permittees shall obtain approval prior to such mining.

17)       Sedimentation Pond Storage Volume and Control Technology, 30

CFR 715.17(e) and 715.17(e)(2).  Permittees shall obtain approval prior to use

of alternative storage volume and control technology.  If a permit amendment is

required, submittal of an application at least 120 days before desired approval

is required.

18)       Acid and Toxic Materials, 30 CFR 715.17(g) and 715.14(j).

Permittees shall identify to the Regulatory Authority materials that will be

toxic to vegetation or that will adversely affect water quality if not treated

or buried, if treatment or burial not in conformity with 30 CFR 715.14(j) is

desired.

19)       Monitoring Groundwater, 30 CFR 715.17(h)(3).  All permittees

must have a groundwater monitoring program approved and on file with the

Authority.

20)       Permanent Water Impoundments, 30 CFR 715.17(k).  Permittees

must submit a permit amendment application at least 120 days prior to desired

approval unless permanent water impoundments are already approved in an

existing permit.

21)       Temporary Fords Across Dry Streams, 30 CFR 715.17(1)(2).

Permittees must obtain approval prior to construction of temporary fords.

22)       Permission to Leave Dams or Avoid Regrading, Revegetation and

Stabilization, 30 CFR 715.17(b)(8)

it amendment application at least 120 days prior to desired

approval unless permanent water impoundments are already approved in an

existing permit.

21)       Temporary Fords Across Dry Streams, 30 CFR 715.17(1)(2).

Permittees must obtain approval prior to construction of temporary fords.

22)       Permission to Leave Dams or Avoid Regrading, Revegetation and

Stabilization, 30 CFR 715.17(b)(8).  Unless already approved by permit,

permittees must submit a permit amendment application.

23)       Use of Explosives.  All employees supervising blasting

operations shall possess a Certificate of Competency issued by the Regulatory

Authority.  Those working with transportation, storage and use shall be trained

prior to performing any duties.

24)       Blasting Schedules.

A)        If blasting is planned, a permittee shall submit a Blasting

Plan at least 45 days prior to blasting, and shall follow all notice and

publication requirements of 30 CFR 715.19.  Schedules shall be deemed approved

unless objections are noted to the operator by the Regulatory Authority, or by

any owner or occupant of a manmade dwelling within one-half mile of the

blasting area or site.  Such objections should be in writing, should contain

the name, address and telephone number of the objector, the reason for the

objection, and if the objector desires, a suggested alternative schedule more

convenient to the objector.  After receipt of an objection to a blasting

schedule the Authority shall approve the schedule or make such appropriate

adjustments necessary for the protection of life and property.

B)        All publications and notice to the public under Section 715.19

shall include the following language:

"Any person who objects to this schedule is requested to

notify the........(name of operator)........and the Land Reclamation Division,

Illinois Department of Natural Resources, Office of Mines and Minerals, 524

South Second Street, Springfield, Illinois 62701".

25)       Preblasting Survey

All publications and notice to the public under Section 715.19

shall include the following language:

"Any person who objects to this schedule is requested to

notify the........(name of operator)........and the Land Reclamation Division,

Illinois Department of Natural Resources, Office of Mines and Minerals, 524

South Second Street, Springfield, Illinois 62701".

25)       Preblasting Survey.  On written request to the Regulatory

Authority by a resident or owner of a manmade dwelling or structure that is

located within one-half mile of any part of the permit area, the permittee

shall conduct a preblasting survey pursuant to 30 CFR 715.19(b).

26)       Blasting Procedures will be followed as per 30 CFR

715.19(e)(l)(i) through (vi).

A)        Blasting distances which are less than distances set out in

Section 715.19(e)(l)(vii) shall be allowed only after inspection by the

Regulatory Authority and a showing by the permittee that the blasting standards

of 30 CFR 715.19(e)(2)(i) through (vi) shall be met.

B)        Records of blasting opertions will be retained for three years

and shall contain information as outlined in 30 CFR 715.19(e)(4).

C)        The Authority may reduce maximum peak particle velocity

pursuant to 30 CFR 715.19(e)(2)(ii) or prescribe such other conditions as are

in its judgment necessary to prevent:

i)          injury to persons,

ii)         damage to public and private property outside the permit

area,

iii)        adverse impacts on any underground mine, and

iv)        change in the course, channel, or availability of ground or

surface water outside the permit area.

27)       Revegetation.  Permittees shall comply with 30 CFR 715.20.

28)       Methods of Revegetation.  All existing permittees shall be

deemed to have submitted and received approval of a revegetation plan,

including species selected and planting plans, Pursuant to 30 CFR 715.20(e), as

to areas covered by existing permits

l, or availability of ground or

surface water outside the permit area.

27)       Revegetation.  Permittees shall comply with 30 CFR 715.20.

28)       Methods of Revegetation.  All existing permittees shall be

deemed to have submitted and received approval of a revegetation plan,

including species selected and planting plans, Pursuant to 30 CFR 715.20(e), as

to areas covered by existing permits.  The Regulatory Authority in consultation

with the landowner and the permittee shall determine when the area is ready for

livestock grazing.

29)       Introduced Non-native Species, 30 CFR 715.20(b).  Permittee

shall obtain approval of the Authority before introducing non-native species.

30)       Reference Areas.  Permittees shall submit to the Authority a

proposed designation of reference areas together with documentation showing

that the reference areas meet the requirements of 30 CFR 715.20(f).  The

estimating techniques used to determine the degree of success in the

revegetated area shall be determined by the Authority.  Where there is no

physically available reference area due to prior mining, permittees shall

propose a reference plan that will assure restoration in harmony with

surrounding land.  The Authority shall determine the appropriateness of such

reference plans.

31)       Prime Farmland Determinations.  Existing surface mines, or

portions thereof, which were not under permit before August 3, 1977, are

subject to requirements concerning prime farmland determinations for lands not

under permit before August 3, 1977.  Reference is hereby made to Section 280.70

of these Regulations.

c)         Permit Fees and Bonds

1)         Additional permit fees and bonds shall be deposited pursuant

to notice from the Authority, as and when required pursuant to Section 5(a) of

the Act

re August 3, 1977, are

subject to requirements concerning prime farmland determinations for lands not

under permit before August 3, 1977.  Reference is hereby made to Section 280.70

of these Regulations.

c)         Permit Fees and Bonds

1)         Additional permit fees and bonds shall be deposited pursuant

to notice from the Authority, as and when required pursuant to Section 5(a) of

the Act.

2)         All permittees shall file with the Authority an amendment or

revision to the bond filed in connection with a Section 4 permit, executed in

accordance with the Act which states that, in addition to any prior

requirements, the bond shall be conditioned upon faithful compliance with the

Federal Act, the Federal Surface Regulations, the Illinois Act and these

Regulations.  Said amendments must be filed no later than February 28, 1979.

3)         All permittees shall file with the Authority an amendment or

revision to the bond filed in connection with a Section 4 permit, executed in

accordance with the Act which includes in its coverage all surface structures

or facilities now required to be permitted under the initial program.  Said

amendment or revision must be filed with the Authority no later than February

28, 1979.