[Federal Register Volume 66, Number 112 (Monday, June 11, 2001)]
[Notices]
[Pages 31250-31258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14580]
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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: We, the Office of Surface Mining Reclamation and Enforcement
(we or OSM) have revised the Abandoned Mine Land (AML) Reclamation
Program Guidelines which were published on December 30, 1996 (61 FR
68777). We requested comments in the Notice of Intent to revise these
guidelines published on November 16, 2000 (65 FR 69331). Based on
comments received, the guidelines have been revised and are printed
below. The revisions incorporate new procedures
[[Page 31251]]
found in the AML Enhancement Rule published February 12, 1999 (64 FR
7470). All other revisions are not substantive in nature and are
intended to make our guidelines easier to read and understand.
EFFECTIVE DATE: June 11, 2001.
ADDRESSES: Additional copies of the revised guidelines are available
for inspection and may be obtained at the following offices:
OSM, Department of the Interior, South Interior Building Room 120, 1951
Constitution Avenue, NW., Washington, DC 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
FOR FURTHER INFORMATION CONTACT: Mr. Gene Krueger, Chief, Division of
Reclamation Support, Office of Surface Mining Reclamation and
Enforcement, 1951 Constitution Avenue, NW., Washington, DC 20240;
Telephone: (202) 208-2937. E-mail: [email protected].
SUPPLEMENTARY INFORMATION: The AML Reclamation Program Guidelines give
general guidance to States, Indian tribes, the U.S. Department of
Agriculture, and OSM in the administration of reclamation activities.
This includes activities carried out under programs authorized by Title
IV of the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
These guidelines are considered to be statements of existing policy and
do not set new legal requirements or obligations and could change at
our discretion. Sections B.5.a-d of the guidelines have been revised to
reflect the new procedures contained in the AML Enhancement Rule, 30
CFR 707.5 and 874.17. The complete guidelines document is set forth
below:
Comments were requested on the proposed guidelines and a total of
four comments were received. They were all from State authorities. All
comments received were considered in the process of drafting the final
guidelines and are 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.
Dated: May 11, 2001.
Glenda Owens,
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 (Non-emergency)
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. Active Mining Permit Requirements
b. Disposition of Incidental Coal
c. Substantial Deposits of Incidental Coal
d. Optional Participation
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 Maintenance
b. Unplanned Maintenance
10. Non-coal 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 Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (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, 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 attached to the land.
b. Abandoned Equipment--Abandoned movable items not attached to the
land. Such items are considered as personal property and include
equipment and dismantled machinery not attached 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 sale, federal use, demolition, removal, and the
burning and burial of scrap or other debris resulting from abandoned
structures and equipment.
[[Page 31252]]
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 responsible for carrying out a
reclamation program or project. This includes OSM for federal
reclamation projects; United States Department of Agriculture (USDA),
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--Land 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 non-coal
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
Section 411 of the Act or 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 dangerous condition or impairment that
constitutes 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 harmful to the animal and plant life 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 secured. 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 authorizations are secured. If the mineral
estate is severed from the surface estate, consents should be secured
from both parties. All necessary consents should be secured for a time
period sufficient to complete the reclamation activities. The
administering agency has the responsibility to make certain that no
reclamation work is carried out without such authorizations.
b. Written Consent Versus Police Power. Written consent from the
owner of record and the tenant holding a lease or his authorized agent
should be the preferred means for securing 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. They should be undertaken
only after all possibilities of securing written consents have been
exhausted.
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.
2. Jurisdictional Responsibilities
a. Reclamation Program Legal Requirements. The administering agency
should make certain of compliance with all applicable Federal, State,
Tribal, and local laws and coordination with the appropriate agencies
as necessary.
b. Environmental Evaluation Requirements. Compliance with the
National Environmental Policy Act of 1969 (NEPA) is mandatory 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
us 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) OSM and the States are authorized to act where emergency
circumstances at the site require immediate abatement action if the
environmental document cannot be completed prior to the initiation of
action. 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 bordering States or other jurisdictional
authorities, the administering agency should coordinate planning and
implementation of these projects with those entities.
3. Selection Criteria (Non-Emergency)
a. Reclamation Site Ranking. Procedures for selecting non-emergency
sites for reclamation should use weighing factors to rank the proposed
sites in accordance with priorities set 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. Non-coal
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 begin 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. 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 many 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.
b. Reclamation Considerations. The following items should be
considered in determining whether a non-emergency site should be
reclaimed.
(1) The lands proposed for reclamation are eligible as defined by
Section 404, 409, or 411 of the Act.
[[Page 31253]]
(2) Problems associated with the site can be abated by using
current available technology or horizon technology with a high
probability of success to prevent or minimize present or future
negative 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.
(3) Reclamation can be carried out in a manner that minimizes
maintenance to achieve a self-sustaining reclamation solution. Self-
sustaining implies reclamation that is permanent and stable under the
prevailing environmental and land-use conditions using current
technology. Projects that 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 agreeable with the proposed post reclamation land use as
intended by the landowner(s).
(5) Reclamation activities and post reclamation land use is cost
effective and agreeable 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 lower priority problems in the
reclamation plan when contracting for the elimination of a high
priority problem. The original 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
the following:
(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 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; and,
(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 included as part of the reclamation plan to make
certain 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 unlike Priority 1 projects because their goal
is to stabilize the problem and remove the danger to the public in a
more rapid time frame. That is, they must be addressed sooner than the
normal grants process would allow.
(2) Justification for emergency action must be based on whether
immediate action is crucial to remove the danger of harm to persons.
The time element is referenced by the phrase ``before the danger can be
abated under normal program operation procedures.'' This means the
danger is imminent and time is not available for normal project
contractual procedures.
(3) A limited amount of non-emergency 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 shows 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 public 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 risking
downstream populated areas.
(5) Mine or coal refuse fires that harm 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 restrictions.
(2) Emergency reclamation need not resemble final restoration. The
goal of emergency reclamation is to stabilize the problem and remove
the danger to the public. Additional reclamation, to fully reclaim the
area, may be carried out under regular reclamation programs at a later
date. Limited reclamation may also be performed in connection with
emergency work if cost effective as noted above at Part 4.b.(3).
5. Incidental Recovery of Coal in Connection With Reclamation
Activities
a. Active Mining Permit Requirements. Coal which is removed from a
government financed construction undertaken as an approved AML
reclamation project and which is incidental to the project is exempt
from Title V regulations in accordance with section 528 of the Act and
30 CFR 707.5. Coal determined to be ``incidental'' to an approved AML
reclamation project is that coal which is physically necessary to be
removed in order to accomplish the reclamation of the project, i.e.,
necessary to address the site's identified health, safety, or
environmental problems. If the AML contractor removes coal for sale or
commercial use which has not been determined to be incidental to the
project, the contractor must obtain a Title V permit for such coal.
b. Disposition of incidental coal. Whenever coal is to be recovered
incidental to an approved AML reclamation project in which the
government contribution is less than 50 percent of the cost of
reclamation, the
[[Page 31254]]
coal may be sold and the proceeds kept by the contractor.
c. Substantial deposits of incidental coal. For AML reclamation
sites with substantial deposits of incidental coal, we expect that AML
contractors will reflect the anticipated sale or commercial use of such
coal through a lowered project bid price. The lowered project bid price
would, in turn, reduce the government's share of the total cost of the
project. As a result, less public funding will be required for these
sites to accomplish the same level of AML reclamation. By reducing the
government's share of the cost of reclamation, AML money becomes
available for other AML reclamation projects that would otherwise not
be funded. The contractor makes a profit, the government saves money
and B most important of all B additional abandoned sites that we could
not afford to reclaim in the past are reclaimed.
d. Optional participation. Undertaking AML projects that use less
than 50 percent government-financing will not be mandatory for States
or Indian Tribes; they may choose not to participate in this form of
AML reclamation.
6. Abandoned Structures and Equipment
a. Investigation and Report.
(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 before the start of any
reclamation project.
(2) Upon completion of the onsite investigation, a report must be
prepared by the administering agency which addresses the following:
(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;
(c) The disposal or retention of the structures or equipment in
accordance with local, State, Tribal and Federal laws; and,
(d) The recommended methods to remove 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
by the contractor from the sale or use of abandoned structures or
equipment not disposed of by the landowner(s) should be used by the
contractor to offset the cost of reclamation or deposited to the Fund
pursuant to Section 401(b)(4) of the Act. All such revenue 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 used only when no onsite area is available and it is
necessary to protect the health and safety of the public. In addition,
offsite areas may be used if they 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 and 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. Annual Evaluation Report. The administering agency will prepare
a report on its findings and recommendations. Recommendations should be
used to change program operations on future reclamation activities so
that deficiencies will not recur. 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 maintenance. Long term maintenance
requirements should be identified during the planning and design
stages. These requirements must be technically and economically
possible 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 where 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 unnecessary, including a
landowner notification policy;
(4) A method for dealing with situations where landowner practices
make future maintenance unproductive.
10. Non-Coal Projects
a. Guideline Applicability. States and Indian tribes with approved
reclamation plans may undertake non-coal 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. Non-coal projects to be reclaimed
under
[[Page 31255]]
Section 409 of the Act must be at the request of the Governor of the
State or the governing body of an Indian tribe. They must comply with
the priorities stated in Section 403(a)(1), except the term ``coal''
does not apply. The reclamation must be for the protection of public
health, safety, general welfare, and property from extreme danger of
adverse mining practices.
c. Priorities Under Section 411. Non-coal projects to be reclaimed
under Section 411 of the Act may not proceed until the State or Indian
Tribe has certified that all coal problems have been resolved. Planning
and design work for reclamation of non-coal 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 before 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 any or all of the
following techniques:
(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; and/or,
(3) Daylighting, the surface mining procedures and excavation
processes used to expose underground mine works for partial or complete
removal of the remaining mineral 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 to assure 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 refuse
material with clay or other unpierceable material, when practical, to
prevent water infiltration and contamination; and,
(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 the following:
(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
structures 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, audits,
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; and,
(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:
(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.; and,
(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 do the following:
(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 equal with the soil
resulting from reclamation. Information relative to allowable soil loss
limits may be obtained from the local Natural Resource Conservation
Service 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; and,
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(5) Control foot and vehicular traffic and grazing until vegetation
is established.
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 turn 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 sediment 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 the
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 esthetic
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 toxic materials. Chemical
and/or physical analyses may include, but are not 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) NKP and USDA texture class when material is to be used as post-
reclamation plant growth medium;
(7) Organic matter (quantity and type); and,
(8) Visual and/or microscopic identification of potential toxic or
acid forming minerals.
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; and,
(5) Necessary monitoring and required maintenance, if any.
c. Sites Eligible Under the Comprehensive Environmental Response
Compensation and Liability Act of 1980 (CERCLA). Abandoned mine land
sites containing acid mine drainage or other toxic material may be
eligible for clean-up under CERCLA, if included on the national
priority list (NPL). Sites listed on the NPL are 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 negative 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 minimize erosion and maximize 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; and,
(4) Construction of water impoundments which do not adversely
affect the restoration of the hydrologic balance and are in accordance
with applicable local, State, Tribal, or Federal requirements.
[[Page 31257]]
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 limited 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; and,
(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 or
below 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 Openings 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; and,
(d) 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 methods 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 seeping 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 esthetic problems may involve removal of offensive
material or condition, strategic placement of screening materials, and/
or the use of appropriate plant species. Guidelines and standards to
evaluate visual resources developed by the U.S. Forest Service, Natural
Resource Conservation Service, 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.
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
[[Page 31258]]
permit procedures, applicable standards, and possible control measures.
c. Air Quality Degradation and Improvement. Long-term air quality
improvements that will result from reclamation should have priority
over possible short-term air quality degradation caused by reclamation
construction.
[FR Doc. 01-14580 Filed 6-8-01; 8:45 am]
BILLING CODE 4310-05-P