P.1 

OAR Box 1837 

Prepped by Keeia Richards 

Document Number: 

187) IV-H-4 

Docket Number: 

A-84-33 

Printed 11/14/2008 3:48:12 PM Sheet 187 of 238 
42258 Federal Register / Vol. 52, No. 212 / Tuesday, November 3, 1987 / Proposed Rules 

-V\-*r 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Parts 701,780,784,815,816 

and 817 

Surface Coal Mining and Reclamation 

Operations; Permanent Regulatory 

Program; Reclamation and Operation 

Plan; Performance Standards; Roads 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement Interior. 

ACTION: Proposed rule. 

SUMMARY: The Office of Surface Mining 

Reclamation and Enforcement (OSMRE) 

of the U.S. Department of the Interior 

(DOI) proposes to amend its rules 

governing roads at surface and 

underground mining operations and coal 

exploration operations. The provisions 

for roads are being proposed to replace 

rules that previously were suspended. 

This proposed rule defines a road, 

establishes a road classification system, 

and sets forth performance standards 

that permit regulatory authorities to 

approve designs tailored to local needs. 

Also, revised requirements for the 

reclamation and operation plan are 

being proposed to reflect changes in the 

performance standards for roads. -

DATES: 

Written comments .:.--.• ;•-•:-• 

OSMRE will accept written comments 

on the proposed rule until 5 p.m. Eastern 

Time on January 12,1988. 

Public hearings ---- -

Upon request, OSMRE will hold " \> - 7 

public hearings on the proposed rule in 

Washington, DC; Denver, Colorado; and 

Knoxville, Tennessee at 9:30 a.m. local " 

time on January 5,1988. Upon request, -

OSMRE also will hold public hearings in 

the States of Georgia, Idaho, 

Massachusetts,Michigan,North ---,.-•-.:. 

Carolina, Oregon, Rhode Island, South 

Dakota, and Washington at times and 

on dates to be announced prior to the ... 

hearings. OSMRE will accept requests ^. 

for public hearings until 54)0 p.m. 

eastern time on December 22,1987. 

Individuals wishing to attend but not 

testify at any hearing should contact the 

person identified under "FOR FURTHER 

INFORMATION CONT ACT" beforehand to 

verify that the hearing will be held. 

ADDRESSES: 

Written Comments 

Hand-deliver to the Office of the 

Surface Mining Reclamation and 

Enforcement, Administrative Record, 

Room 5131,1100 L Street NW„ 

Washington; DC; or mail-to the Office of 

-Surface Mining Reclamation and '"' • 

Enforcement Administrative Record,'-.. 

Room 5131-L, U.S. Department of the 

Interior, 1951 Constitution Avenue NW„ 

Washington, DC 20240. 

Public Hearings 

Department of the Interior 

Auditorium, 18th and C Street NW„- 7 

Washington, DC; Brooks Towers, 2d 

Floor Conference Room, 102015th 

Street Denver, Colorado; and the Hyatt 

House, 500 Hill Avenue SE., KnoxvUle, 

Tennessee. The addresses for any 

hearing scheduled in the States of 

Georgia, Idaho, Massachusetts, -

Michigan, North Carolina, Oregon,^ .. ' 

Rhode Island, South Dakota, or ~ -'•••-

Washington will be announced prior to 

the hearing. 

Requests for Public Hearings '-• 

Submit orally or in writing to die 

person and address specified under 

"FOR FURTHER INFORMATION CONTACT*' 

by the time specified under "DATES." 

FOR FURTHER INFORMATION CONTACT: 

Robert A. Wiles, P.E., Office of Surface 

Mining Reclamation and Enforcement * 

U.S. Department of the Interior, 1951 

Constitution Avenue NW„ Washington, 

DC 20240; Telephone: 202-343-1502. 

SUPPLEMENTARY INFORMATION: 

1. Public Comment Procedures 

.. II. Background , '.'-.-. 

'HI. Discussion of Proposed Rule "' "'"•.* 

- VI. Procedural Matters 

rL Public Comment Procedures -

Written comments 

Written comments submitted on the 

. proposed rule should be specific should 

: be confined to issues pertinent to the 

proposed rule, and should explain the 

reason for any recommended change. 

1

 Where practicable, commenters should' 

submit five copies of their comments 

(see "ADDRESSES"). Comments received 

-- after the olose of the comment period or 

. delivered to addresses other than those 

listed above (see "DATES") may not be 

' considered or included in the 

-. Administrative Record for the final rule. 

Public hearings 

OSMRE will hold public hearings on 

the proposed rule on request only. The ' 

'time, dates, and addresses scheduled for 

die hearings at three locations are 

specified previously in this notice (see 

"DATES" and "ADDRESSES"). The time, 

dates, and addresses for the hearings at 

the remaining locations have not yet 

been scheduled, but will be announced 

in the Federal Register at leastway s 

prior to any hearings heldatJ&ese 

locations. 'Vrti^- , 

Any person interested in participating 

at a hearing at a particular location 

should inform Mr. Wiles (see "FOR 

FURTHER INFORMATION CONTACT") either 

orally or in writing of the desired._.. 

hearing locations by 5:00 p.m. Eastern 

Time on December 15,1987. If no one 

has contacted Mr. Wiles to express an 

interest in participating in a hearing at a 

given location by tiiat date, die hearing 

will not be held. If only one person 

expresses an interest a public meeting 

rather than a hearing may be held and 

the results included in the 

Administrative Record. 

If a hearing is held, it will continue 

until all persons wishing to testify have 

been heard. To assist the transcriber 

-and ensure an accurate record, OSMRE 

requests that persons who testify at a 

hearing give the transcriber a written 

copy of their testimony. To assist 

OSMRE in preparing appropriate 

questions for clarification of issues, 

OSMRE also requests that persons who 

plan to testify submit to OSMRE at the 

address previously specified for the 

submission of written comments (see 

"ADDRESSES") an advance copy of their 

testimony. 

n. Background 

Environmental protection 

performance standards governing roads 

used for access into an across the mine 

site during surface coal mining and 

reclamation operations are set forth in 

sections 515(b)(17) and (18) of the 

Surface Mining Control and Reclamation 

Act of 1977 (the Act), 30 U.S.C. 

1265(b)(17) and (18). Section 516(b)(10) 

-of the Act imposes these same 

requirements on underground mines 

with such modifications as are 

necessary to accommodate the distinct 

differences between surface and 

underground mining. 

The permanent regulatory program 

promulgated on March 13,1979, 

contained provisioins pertaining to road 

-construction, maintenance and 

postmining conditions. The rule at 30 

CFR 701.5 defined roads for surface 

mining operations and established a 3-

tier road classification system (44 FR 

' 15320, (1979)). Specific provisions for 

each classification were established at 

30 CFR 816.150 through 30 CFR 818.178 

(44 FR 15416-15421 (1979)). At the same 

time, similar requirements for 

underground mines were established at 

30 CFR 817.150 through 817.176 (44 FR 

15442-15447(1979)). 

The permanent program rules were 

- challenged in a suit filed before the U.S. 

District Court for the District of 

Columbia. As a result the court 

remanded the rules to OSMRE for 

tfW*ff** f. 

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Federal Register /* 1/tA. 42, No. 212 / Tuesday,"November^. ^987 / Proposed Rules 42259 

further consideration because die 

Secretary had not given adequate notice 

diat lie was considering a classification 

system. Jn re: Permanent Surface -,-.- - -

Mining Regulation Litigation, No. 7B- < • 

1144, slip op. at 32-38 (DJJ.C. May 16, 

1980). As a result of the court decision, 

OSMRE suspended its permanent 

program rules for roads {45 FR 51547 

(1980)). 

The permanent program rule 

suspended in 1980 was followed by a 

new rule published May 16,1983 (48 FR 

22110), which gave regulatory 

authorities greater flexibility as to the 

details of road design. Upon issuance, 

the revised permanent program rule for 

roads was once again challenged in the 

U.S. District Court for the District of . 

Columbia. In response to the challenge, 

the court remanded section 816.150(a) to 

OSMRE. In re: Permanent Surface 

Mining Regulation Litigation II{Round 

II), No. 79-1144, slip op. at 24-28 (D.D.C. 

Oct. 1.1984). The court held that 

OSMRE, in promulgating the 

classification system in 30 CFR 

816.150(a), violated the Administrative 

Procedure Act (APA), 5 U.S.C. 553. by J. 

not providing adequate notice and 

opportunity to comment Slip op. at 28. 

Subsequently, in an amended order 

filed December 10,1984, the court 

remanded all of the rules governing 

roads which were dependent upon tiie 

road classification system, OSMRE then 

suspended those rules as well as tiie 

definition of road at { 701.5 (50 FR 7278 

(1985)). The definition was suspended to 

give OSMRE an opportunity to 

reconsider all die provisions in the rules 

effecting the performance standards for 

roads. 

This proposed rule would replace the 

suspended rules. In many cases OSMRE 

. believes, based on a reconsideration of 

the issues involved, tiie legislative 

history of the Act and tiie 

administrative record of these rules, that 

the language promulgated in 1983 is the 

most effective means of meeting the 

requirements of the Act For these oases, 

identified below, OSMRE is proposing . 

repromulgating the provisions of the -

1983 rule. OSMRE is interested in 

receiving comments on these provisions, 

as well as tiie new provisions proposed 

below. 

Section 516(b)(10) of the Act requires 

OSMRE to consider the differences -

between surface and underground 

mining when promulgating rules ' 

governing the surface impacts of • 

underground mining. OSMRE has not 

identified any differences between 

roads for surface and underground • -.. 

mines that necessitate different 

provisions. Therefore, the proposed -.-•> -

provisions for surface rnining {Part £16} -

and for underground mining Part 817) 

are identical Except for Uie section 

heading designation, in-which iwth 

surface and underground rules are cited, 

the following discussion references ordy 

the surface roles. Comments are = 

-requested on any differences OSMRE 

may have overlooked. .... 

The proposed rule defines tiie term 

road and addresses the design, 

construction, use and maintenance ot 

roads used in surface coal mining 

operations and in coal exploration 

operations. The preamble for the 1983 

rules (48 FR 22110-22121 (1983)) should 

be consulted for additional information 

on the provisions diat are being 

reproposed. 

Revisions also are proposed in the 

permit application .requirements for 

roads at surface and underground 

mining operations to reflect the changes 

proposed in the performance standards. 

The revisions proposed for surface 

mining (Part 780) and for underground 

mining (Part 784) are identical Except 

for the section heading designation, in 

which both surface and underground 

rules are-cited, the following discussion 

references only the surface rules. 

Comments are requested on any 

differences OSMRE may have 

overlooked. 

m. Discussion of Proposed Rule 

A. Section 70L5 Definitions: Road 

The proposed definition oi road la 

similar to the 1983 rule, but is revised to 

describe more specifically wfaatportions 

of the affected area would be subject to 

the performance standards for roads. 

The proposed rule would define road to 

mean a surface right-of-way lor 

purposes of travel by land vehicles, 

including mining equipment used in 

surface coal mining and reclamation 

operations or coal exploration. The term 

road would encompass the entire area 

and structures within a surface right-of-. 

way that is constructed, used, 

reconstructed improved or maintained -

for use in surface coal mining and 

reclamation operations or coal .— • 

exploration, including use by coal --

hauling vehicles leading to transfer, 

processing or storage areas. The term 

would specifically exclude pioneer 

roads, temporary routes used far -

constructing access or haul roads, ramps 

and routes of travel -witiiin die 

immediate mining area {discussed - *•••••-• 

below) and within excess spoil or coal 

mine waste disposal areas. For 

additional information on the definition' 

oi road see the preamble for the final • 

rule published May 16,1983 (48 FR 22110 

etseq.). • *• • :••••' ••-

Pioneer roads were excluded from the 

definition of roads in the 1979 rule and 

' in the 1983 rule. The Secretary's 

exclusion of pioneer roads from the 

definition of a road in 1983 was 

challenged on the basis that pioneer 

roads are constructed to gain access to 

mining operations. OSMRE has 

reviewed the issue and believes that 

pioneer roads provide preliminary 

access for the construction of permanent 

access and haul roads or equipment 

roads and not for mining purposes. Once 

a pioneer road fulfills its limited 

purpose, it is either replaced by a 

primary or ancillary road or reclaimed. 

However, pioneer roads or construction 

roads are "surface coal mining 

operations" subject to the other 

performance standards of the 

regulations. 

The proposed road definition would 

also be revised by changing the 1983 

rule language "immediate mining-pit 

area" to "immediate mining area." The 

word "pit" refers to the area where coal 

is being removed from the seam. 

OSMRE believes that there are other 

areas in the vicinity of the pit that 

should not be subject to the performance 

standards for roads because they are 

subject to frequent surface changes. 

These include areas where topsoil and 

overburden are being moved and areas 

undergoing active reclamation. OSMRE 

intends the term "immediate mining 

area" to refer to such areas of frequent 

surface change. 

Many areas in a mining operation 

contain routes of travel that are moved 

every few days as the mining advances 

during coal removal and as the operator 

works in coal waste disposal and spoil 

areas. These routes have a short life and 

would not be included in the definition 

of road or subject to the road 

performance standards, but would be 

subject to the other performance 

standards of the regulations that apply 

to all surface coal mining operations. 

Temporary routes within spoil or coal 

mine waste disposal areas would be 

excluded from the definition of road 

according to an agreement by the 

Secretary in RoundII (slip op. at 

footnote 14). The industry plantiffs had 

contended and OSMRE agreed that it 

was not reasonable to require roads 

within coal spoil and refuse disposal 

areas to be surfaced with nonacid- or 

nontoxic-fbrming substances, since 

these areas often contain acid- and 

toxic-forming materials. In additioa all 

of the surfaoe drainage from these areas 

is controlled by silta tion structures and 

treatment facilities, where necessary, to 

mitigate any potential adverse 

environmental affects effectively. 
P.5 

42260 Federal Register / Vol. 52, No. 212 / fuesday, November 3, 1987 /"Proposed Rules 

I 

.•«.• . 

• * ' 

Finally, the phrase "within the 

affected area," which appeared in the 

1983 rule.would be deleted from the 

proposed definition because ell road 

activities are in the permitted area and 

thus the phrase,is superfluous. 

B. Sections 780.37/78424 Road 

Systems. 

Proposed §780.37 contains new 

permit application requirements which 

would specify the plans and drawings 

an operator is required to submit on 

each road within the proposed permit . 

area. The section also discusses 

certification of primary roads and the 

establishment of standard design plans 

by the regulatory euthority. 

This section has not been revised 

since 1979 and the proposed revision -_ 

would provide consistency with the 

performance standards of 30 CFR 

Chapter 7, Subchapter K, promulgated in 

1983. They would apply to all roads, as 

defined by § 701.5, used for surface coal 

mining and reclamation operations. 

Since the provisions proposed in 

§ 780.37 would apply only to roads, -

OSMRE is proposing to move the 

provisions in tiie existing rule that apply 

to conveyors and rail systems to e new 

§ 780.38 discussed below. To reflect this 

change, OSMRE is proposing to change 

the title of § 780.37 from "Transportation 

•facilities" to "Road systems." 

Sections 780.37 (a)/784J24(a) Plans and 

drawings: . 

Proposed § 780.37(a) would require -

that the permit application include plans 

and drawings for each road to be 

-constructed, used or maintained within 

the proposed permit area. OSMRE 

believes the information in the plans 

and drawings would enable the 

regulatory authority to assess the 

impacts resulting from any road that 

would be constructed or used as part of 

the surface mining operation and 

determine whether the operation and 

reclamation plan would be effective in ~ 

mitigating as much of the cumulative 

impacts on the environment as possible, 

consistent with the purpose of the Act 

Proposed paragraph (a)(1), which is 

die same as the 1979 rule, requires the -

applicant to submit a map, and, as 

appropriate, cross sections, design : 

drawings and specifications for road 

widths, gradients, surfacing materials, 

cuts, fill embankments, culverts, bridges, 

drainage ditches, low-water crossings, 

and drainage structures. OSMRE 

expects that the amount of detail 

submitted by the applicant under this 

paragraph would be appropriate to the 

classification of the road and to the 

extent of the projected impact from the "' 

specific feature. For example, for an 

ancillary road, less detail would be ' 

-required than for a primary road, "where 

the drawings and specifications would -

be quite extensive. See $ 816.150(a) for 

the proposed definitions of ancillary 

road and primary road. 

Sections 780.37(a)(2), (a)(3), (a)(5) and 

(a)(6) are new and would require permit 

applicants to submit additional design 

information on each road. Proposed 

paragraph (a)(2) would require drawings 

end specifications of each proposed 

road that would be located in the 

channel of an intermittent or perennial 

stream to" give the regulatory authority 

the information necessary to approve 

the road, as required by the performance 

standard in proposed § 816.150(d)(1). '-

Proposed paragraph (a)(3) would . 

•require that the drawings and '; '; 

specifications for each proposed stream 

ford that would be used as a temporary 

route provide the regulatory authority 

with sufficient information to review the 

stream ford and decide whether to 

approve it as required by the 

performance standard in proposed 

S 816.151(c)(2). 

Proposed paragraph (a)(4) would -

reinstate the language of § 780.37(c) of -

die permit requirements as adopted in 

1979. This paragraph would require a 

description of measures that the

 : • 

applicant would take to obtain the - - ' 

approval of the regulatory authority for -

alteration or relocation of e natural 

drainageway, as required by the 

performance standard in proposed ; 

8 816:151(d)(5). ' - . 

Proposed paragraph (a)(5) would 

require'drawings and specifications for 

each low-water crossing, to enable the 

regulatory authority to maximize the 

protection of the stream in accordance 

with the performance standard in 

proposed 8 818.151(d)(6). A low-water 

crossing resembles a bridge in that 

water flows under the structure at 

normal stream level, but high water goes 

over the structure and makes it 

impassable during storm or flood events. 

See the following preamble discussion 

for $ 8161151(d)(8) for additional 

information on low-water crossings. 

Proposed paragraph (a)(6) would - -

require information on the applicant's 

plans to Remove and reclaim each road, 

and the schedule to be followed for road 

reclamation, to ensure consistency with 

tiie performance standards. This -

information would not be required for a 

road that, is proposed to be retained for 

use under an approved postmining land 

use. 

Two provisions previously in the rule 

at S 780.37(a) are not being proposed for 

repromulgation. These permitting 

provisions were promulgated in 1979; 

however, the corresponding 

performance standards were removed 

from 30 CFR Part 816 in 1983. One 

provision is the requirement for a report 

of appropriate geotechnical analysis for 

alternative specifications for cuts on 

steep slopes. The other is the 

requirement for a description of 

measures to be taken to protect the inlet 

end of a ditch relief culvert if a rock 

headwall is not used. These provisions 

are not being reproposed because there 

are no equivalent performance 

standards. 

Sections 780\37(b)/7B4.24(b) Primary 

road certification. 

-OSMRE is proposing to move the 

provision on design certification for 

primary roads from the performance 

standards at 8 816.151(a), where they 

were in tiie 1983 rule, to the permit 

requirements at 8 780.37(b), since design 

certification is not, strictly speaking, a 

performance standard, but a 

requirement of the permit approval 

process. The proposed provision would 

require that the plans and drawings for 

each primary road be prepared by or 

under the direction of a qualified 

registered professional engineer 

experienced in the design and 

construction of roads. It would also 

require that the engineer certify that the 

design meets the performance standards 

of 30 CFR Chapter VII, current prudent 

engineering practices, and any design 

criteria established by the regulatory 

authority. The. phrase "current, prudent 

engineering practices" includes those 

practices well-established by 

engineering principles and widely 

recognized by experts with experience 

in the subject 

The proposed rule also would allow 

design and certification by a qualified 

registered professional land surveyor 

experienced in the design and 

construction of roads in any State which 

authorizes land surveyors to certify the 

design of primary roads. This provision 

is based on the November 4,1983, 

amendment to the Act which authorizes 

land surveyors to prepare and certify 

cross sections, maps and plans (Sec. 115, 

Pub. L. 98-146,97 Stat. 938 (1983)). The 

amendment provides that "(n)ot 

withstanding section 507(b](14) of the 

Surface Mining and Reclamation Act of 

1977 (Pub. L. 95-87), cross sections, 

maps or plans of land to be affected by 

an application for surface mining and 

reclamation permit shall be prepared by 

or und" the direction of a qualified 

regis; d professional engineer or 

geologist, or qualified registered 

professional land surveyor in any State 

which authorizes land surveyors to 

prepare -*nd certify such maps or plans." 

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Federal Register / Vol. 52, No. 212 / Tuesday, November 3, 1987 / Proposed Rules 422CJ 

Before a land surveyor could certify the 

design of a primary road under this rule, 

State law also would have to grant 

corresponding autiiority. 

Sections 780.37(c)/784.24(c) Standard 

design plans. 

, Proposed 8 780.37(c) is a new section 

that would allow the regulatory 

authority to establish engineering design 

standards for primary roads through the 

State program approval process, in lieu 

of the engineering tests tiiat otherwise 

would be performed to establish . 

compliance with the minimum static 

safety factor of 1.3 for all primary road 

embankments. Suitable engineering 

design standards would be those that 

are accepted in the engineering 

community as the basis for constructing 

stable roads, and are known to assure 

proper performance through testing and 

past practice. OSMRE believes that this 

provision would enable the regulatory 

authority and the operator to save time 

and effort during the design and review 

of road plans, and also would ensure 

protection of the environment through 

the application of standards that have 

proven effective for the conditions 

prevalent in each State. " 

C. Sections 780.38/784,30 Support 

facilities. tPreviously, 5 780.37 generally required 

that each permit application contain a 

detailed description of each road, 

conveyor or rail system to be 

constructed, used or maintained within 

the permit area. Some of the 

requirements in the section applied only 

to roads; others applied to roads as well 

as to conveyors and rail systems. As 

discussed previously, this proposed rule 

would limit 8 780.37 exclusively to 

requirements for roads. The \ • 

requirements for conveyors and rail 

systems would be moved to proposed 

8 780.38 for clarity. In addition, the 

coverage of new 8 780.38 would be 

expanded to include not only conveyors 

and rail systems, but also other „ 

transportation facilities and support 

facilities in general. 

This rule also would expand new : 

6 780.38 to cover support facilities in 

general. Although existing 30 CFR Part 

780 contains a number of requirements 

applicable to support facilities, the 

existing rules do not contain a general 

requirement that a permit application 

include plans and drawings for support 

facilities that would be sufficient to 

demonstrate compliance with 6 818.181. 

To remedy this deficiency, proposed 

8 780.38 would apply to all support 

facilities in addition to the conveyors; 

and rail systems covered by previous 

8780.37, .'.-•-, 

Proposed 8 780.38 would include the 

specific permit application requirements 

for all support facilities covered by 

8 816.181 of the performance standards. 

A permit application would have to 

contain a description, plans and 

drawings showing the details of each 

facility. The plans end drawings would 

include a map, appropriate cross 

sections, design drawings, and 

specifications sufficient to demonsb-ate 

compliance with 8 818.181. Other more 

general permit application requirements 

applicable to support facilities 

elsewhere at 30 CFR 780.14(b)(1) would 

remain unchanged. 

D. Section 815.15(b) Road standards 

for coal exploration. 

Proposed 8 615.15(b) would require all 

roads or other transportation facilities 

used for coal exploration to comply with 

the applicable provisions of 30 CFR 

816.150.816.180 and 816.181. The 

changes from the 1983 rule are explained 

below. 

Section 815.15(b), as published on 

September 8,1983 (48 FR 40836), 

required all roads or other 

transportation facilities used for coal • 

exploration to comply with the 

applicable provisions of 30 CFR 816.150 

(roads—general), 816.151 (primary 

roads), 816.180 (utility installations), and 

616.181 (support facilities). Thus, the 

performance standards in the existing . 

rule for 8 8 81&150 and 816.151, as 

discussed below, for the use, . - -

construction, reconstruction, 

maintenance and reclamation of roads 

used for surface coal mining activities 

applied to roads used for coal 

. exploration, OSMRE proposes that 

because the amount of coal or spoil 

transported during coal exploration 

operations is small, it is not necessary 

for roads used for coal exploration to 

meet the standards of 8 816.151 for 

primary roads. OSMRE believes that 

8 816.150 provides sufficient protection 

for the environment during coal 

exploration, and thus, is proposing to 

delete from 8 815.15(b) the reference to 

88 816.150(a) and 818.151. 

Under section 512(a) of the Act 30 

CFR 815.15 applies only to "coal 

exploration activities which 

. substantially disturb tbe natural land 

surface." Thus, a road must comply with 

the applicable provisions of 30 CFR 

816.150 only to the extent that the coal 

exploration activities substantially 

disturb the land where the road is 

located. OSMRE has defined the term 

"substantially disturb" in 30 CFR 701.5. 

OSMRE believes that routine 

maintenance of an existing road used 

for coal exploration is not a substantial 

disturbance requiring the road to be 

reclaimed in accordance with the 

performance standards of section 515 of 

the Act To use an existing road that is 

in poor condition due to lack of 

maintenance, a coal exploration 

operator may need to blade the road 

surface, replace some culverts or do 

other minor routine maintenance. Such 

routine maintenance of an existing road 

would not be considered substantial 

disturbance of the natural land surface 

that would require reclamation of the 

road. 

E. Sections 818.150/817.150 Roads: 

General. 

Proposed 8 816.150 would apply to all 

roads as defined by 30 CFR 701.5. It 

would include a road classification 

system, performance standards, design 

and construction limits, provision for 

design criteria and provisions on road 

location, maintenance and reclamation. 

The proposed rule is similar to the 1983 

rule, and the preamble for that rule (48 

FR 22110-22121 (1983)) provides 

additional information on its provisions. 

Sections 818.150(a)/817.150(a) Road 

classification system. 

Proposed 8 816.150(a) would classify 

all mine roads as either primary or 

ancillary. The classification is identical 

to that in the rule that was remanded by 

the District Court in RoundII (slip op. at 

28). and suspended by OSMRE on 

February 21* 1985 (50 FR 7276). OSMRE 

believes that a two-tiered system is 

needed so that roads can be regulated 

based on their potential for causing 

environmental damage. OSMRE is 

especially interested in receiving 

comments on whether it is reasonable to 

make this distinction, as well as on what 

specific requirements that apply to 

primary roads would not need to be 

applied to ancillary roads. 

Primary and ancillary roads are 

distinguished in the rule on the basis of 

purpose and frequency of use. Primary 

roads would be those used for 

transporting coal or spoil; frequently 

used for access or for other purposes for 

periods in excess of six months; or to be 

retained as part of the approved 

postmining land use. Vehicles using 

primary roads would frequently be large 

and carry heavy loads. Primary roads 

have the greatest potential for adverse 

environmental impacts. 

Roads used to transport coal or spoil, 

regardless of the frequency or length of 

use, and any other road which is 

frequently used for a period in excess of 

six months would be considered primary 

roads. This six month period Bets a 

reasonable limit between short- and 

long-term usage. 
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422B2 Fedaial Register /-Vo l &2, No. 212 / Tuesday, November 8. 1987 / Proposed Rules 

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fl 

Ancillary roads would be aD roads 

not designated as primary. Vehicles 

using such roads are likely to be small 

and would generally not be used for . . 

carrying heavy loads. OSMRE has not 

identified specific types of roads in the 

rule as ancillary because it would not be 

possible to make an all-inclusive list 

Examples of ancillary roads are those 

which provide acceBS to locations for 

hydrologic sampling, equipment 

maintenance, monitoring or other similar 

uses. 

Additional discussion of the-basis for 

the distinction between primary and 

ancillary roads can be found in the 

preamble to the 1983 rule, at 48 FR 

22118. 

Sections 816.l50(b)/817.tSO(b) 

Performance Standards. 

Proposed 8 816.150(b) would establish 

performance standards that operators 

must meet when locating, designing, 

constructing, reconstructing, using, 

maintaining and reclaiming roads 

associated with surface coal mining 

operations as defined by 30 CFR 701.5. 

The proposed performance standard in 

paragraph (b)(1) would require 

vegetating or otherwise stabilizing ell 

exposed surfaces in accordance with 

current prudent engineering practices to 

control or prevent erosion, siltatkm, and 

the air pollution attendant to erosion. 

The proposed standards in paragraphs 

(b)(2) through (b)(7) would require an 

operator to control or prevent damage to 

fish, wildlife or their habitat and related 

environmental values; control or prevent 

additional contributions of suspended 

solids to stream flow or runoff outside 

the permit area; neither cause nor 

contribute, directly or indirectly, to die 

violation of State or Federal water 

quality standards applicable to 

receiving waters; refrain from seriously 

altering the normal flow of water in 

streambeds or drainage channels; 

prevent or control damage to public or 

private property; and prohibit die use of 

acidic or toxic substances in road 

surfacing. ••• ' 

The proposal is identical to tiie 1683 

rule except for the following changes: 

(1) The provision in paragraph (b)(1) 

on controlling air pollution attendant to 

erosion would specify tiiat measures 

such as watering, or chemical or other 

dust suppressants be considered to 

control road dust caused by wind or 

movement of equipment To a certain . 

degree, 8 816450(b)(1) would duplicate 

30 CFR 816.95. which applies to all . 

surface coal mining activities and .-

requires tiiat all exposed surface areas 

be protected and stabilized to ... 

effectively control air pollution • 

attendant to erosion. 

.. .In response to concerns raised by the 

-Environmental Protection Agency. 

OSMRE wishes to clarify diat air 

-pollution attendant to erosion includes, 

among other tilings, road dust as well 

as dust occurring on other exposed 

surfaces. OSMRE's performance 

standards require surface stabilization 

measures to control the occurrence of 

such dust To ensure mat operators 

intend to implement such measures, 

OSMRE's permitting rules at 30 CFR 

780.15 and 784.26 require each permit 

application to include a plan 

enumerating the surface stabilization 

measures the operator will employ to 

control dust. As with aD portions of die 

permit application, the dust control plan 

is subject to public scrutiny and 

comment and. if inadequate, to revision. 

(2) Requirements formerly in 

{ 815J50(b)(5) to minimize the 

diminution to or degradation of the . 

quality or quantity of surface-and 

ground-water systems would not be 

included in the proposed rule because 

proposed paragraphs (b)(3), (b)(4) and 

(b)(5), as well as existing provisions in 

6 8 816.41 through 816.45 would protect 

the quality and quantity of water 

systems adequately. 

(3) In proposed paragraph (b)(5), 

which specifies diat roads must refrain 

from seriously altering the normal flow 

of water in stream beds or drainage 

channels, tiie term "significantly" from 

paragraph (b)(6) of the 1983 rule would 

be changed to "seriously" to reflect the 

wording of die Act 

. (4) In proposed 5 816.150(bM8), which 

generally requires mining roads to be 

located, designed, constructed, 

reconstructed, used, maintained and 

reclaimed to prevent or control damage 

to public or private property, OSMRE ia 

proposing to specify certain public 

properties for which special 

consideration is warranted. This 

provision is based on Sec, 515(b)(l7) of 

the Act. _ 

The proposal would require tiie 

prevention or mitigation of adverse 

effects from roads to lands within the 

boundaries of the units of die National 

Park System, the National Wildlife 

Refuge System, die National System of 

Trails, the National Wilderness 

Preservation System, die Wild and 

Scenic Rivers System, including 

designated study rivers, and National 

Recreation Areas designated by Acta of 

Congress. These areas are the same -

areas covered by the mining 

-prohibitions of section 522(e)(1) of the 

Act However, die proposed 

performance standard would not be 

subject to the exemption in section 

522(e) for "valid existing rights". . 

because this is a performance standard 

on permitted activities rather tiian a 

prohibition against permitting such 

activities. The rule would also apply to 

mining roads outside the boundaries of 

section 522(e)(1) areas. 

(5) The reference to the 1.3 safety 

factor for all embankments in paragraph 

(b)(9) of the 1983 rule would be moved 

from 8 816.150 to 8 818.151 80 that it 

would apply only to primary roads. 

OSMRE believes that the safety factor 

requirement is more appropriate for the 

larger embankments on primary roads 

that have the potential for greater 

adverse environmental impacts. OSMRE 

does not believe that this requirement is 

necessary for ancillary roads, which 

have little potential for causing adverse 

environmental impacts. OSMRE is 

especially interested in receiving 

comments on the necessity of imposing 

this factor on ancillary roads. 

Sections 816.150(c)/817.150(c) Design 

and construction limits and 

establishment of design criteria. 

Proposed paragraph (c) would require 

that roads be designed and constructed 

or reconstructed to meet certain criteria 

in order to ensure environmental 

protection appropriate for their planned 

duration and use. These criteria include 

limits for grade, width, surface 

materials, surface drainage control, 

culvert placement and culvert size, tiiat 

would be in accordance with current 

prudent engineering practices, and any 

other necessary design criteria 

established by die regulatory autiiority. 

[See 1983 preamble for e discussion on 

establishing design and construction 

limits for roads (48 FR 22119)). 

The provisions of proposed paragraph 

(c) would be the same as the 1983 rule, 

except that the provision from the 1983 

rule governing road safety is not 

included in the proposed rule because 

safety considerations for users of roads 

associated with surface and 

underground mining are the 

responsibility of the Mine Safety and 

Health Administration, and have been 

addressed in that agency's rules et 30 

CFR 77.1600 et seq. The environmental 

protection requirements of this 

paragraph derive from sections 515(b) 

(17) and (18) of SMCRA, which establish 

performance standards to ensure that 

the construction, maintenance and 

postmining conditions of access roads 

into and across the site of operations 

will control or prevent erosion and 

siltation, pollution of water, damage to 

fish or wildlife or their habitat, or public 

or private property. Road safety is not 

addressed by these provisions of 

SMCRA, and therefore OSMRE believes 

it is not appropriate to include 
Federal Register / Vol. 52, No. 212 / Tuesday, November 3, 1987 / Proposed Rules 422

1 

6 

requirements pertaining to safety in this 

rule. 

Sections 816.i50(d)/817.150(d) 

Location. 

Proposed 8 816.150(d) includes 

location performance standards 

identical to those in the 1983 rule. They 

would prohibit the placement of any 

part of a road in the channel of en 

intermittent or perennial stream unless 

the regulatory authority specifically 

approves such an action, and would 

require that roads be located to 

minimize downstream sedimentation 

and flooding. 

Sections 816.150(e)/817J50(e) 

Maintenance, 

Proposed paragraph (e) is similar to 

8 816.150(e) in the 1983 rule, and would 

govern the general maintenance 

responsibilities of the operator. Under 

this proposal, a road must be 

maintained to meet the performance 

standards-and any additional design 

criteria established by the regulatory 

authority. Also, the proposed rule would 

provide that in the event of damage due 

to a catastrophic event a road must be 

repaired as soon as practicable after the 

damage has occurred. The requirement 

in the 1983 rule to maintain a road 

throughout its life is not included in the 

proposed rule because under SMCRA an 

operator has no responsibility for a road 

in the post mining use period. 

Section 816.150(f)/817.150(f) 

Reclamation. 

Proposed 8 818.150(f) provides that a 

road which is not to be retained under 

an approved postmining land use must 

be reclaimed immediately after it no 

longer is needed for mining and 

reclamation Operations. The reclamation 

activities that would be required by this 

paragraph include (1) closing the road to 

traffic; (2) removing all bridges and 

culverts unless approved as part of the 

postmining land use; (3) removing or 

otherwise disposing of road-surfacing 

materials that are incompatible with the 

postmining land use and the 

revegetation requirements of the 

regulation; (4) reshaping cut and fill 

slopes as necessary to be compatible 

with the postmining land use and to 

complement the natural drainage 

pattern of the surrounding terrain; (5) 

protecting the natural drainage patterns 

by installing dikes or cross drains as 

necessary to control surface runoff and 

erosion; and (6) scarifying or ripping the 

roadbed, replacing topsoil or substitute 

materi"'"r>': "etating disturbed • 

surffc^ ance with 30 CFR 

816.22 and O^.ii through 818.116. ' 

These proposed reclamation 

requirements are similar to those in the 

1983 rule, but also Include several 

concepts from tiie 1979 rule. Proposed 

paragraph (f)(3), from tile 1979 rule, 

would require tiie removal or other 

disposal of road-surfacing materials that 

are incompatible with the reclamation 

requirements of tiie Act The operator 

would be required to remove the roadsurfacing materials or to bury them on 

the roadbed if they were incompatible 

with the postmining land use and the 

revegetation requirements of 30 CFR 

816.111 through 818.116. As stated in the 

preamble to the 1979 rule (44 FR 15280), 

surfacing materials that are buried on 

the roadbed would have to be covered 

with sufficient material to meet the 

intent of die Act including representing 

no risk to vegetation or water quality. 

Proposed paragraph 818.150(f)(4) 

includes provisions from the 1979 rules. 

The requirement to reshape all cut and 

fill slopes in the 1983 rule would be 

changed by adding language from the -

1979 rule tiiat requires that cut and fill 

slopes be reshaped only as necessary to 

be compatible with the postmining land 

use and to complement the natural 

drainage pattern of the surrounding 

terrain. OSMRE believes this change is 

reasonable because in some cases, such 

as grazing'and wildlife areas, cut and fill 

slopes may not need modification to be 

compatible with post-mining land uses. 

Proposed paragraph 818.150(f)(5) 

would introduce a requirement to 

protect natural drainage patterns by 

installing dikes or cross drains as 

necessary to control surface runoff and 

erosion. OSMRE believes this 

requirement is necessary to prevent 

erosion where revegetation and 

mulching would not control erosion and 

runoff from the reclaimed road right-ofway, such as may occur on very steep 

slopes, in situations where the road 

grade is not eliminated.. 

Proposed paragraph 816.150(f)(6) 

would require the operator to scarify or 

rip the roadbed prior to replacing topsoil 

or other substitute material before 

revegetating the area. Scarifying or 

ripping die roadbed is necessary to 

break up tbe compacted soil and allow 

for moisture percolation and root 

penetration. The proposed paragraph 

would modify the 1983 language to 

permit the use of topsoil substitutes or 

supplements when reclaiming roadbeds, 

thus making these provisions consistent 

with the topsoil provisions in 30 CFR 

816.22. J • • . 

E Sections 818.151/817.151 Primary 

Roads. ., 

Because primary roads have greater 

potential than ancillary roads to cause 

adverse environmental impacts, 

proposed 8 818.151 would establish an 

additional set of performance standards 

for their design, construction and 

maintenance, in addition to those 

established for all roads in 8 816.150. 

These proposed performance standards 

are similar to those in the 1983 rule, with 

the addition of two new requirements. 

These new requirements, as explained 

in the following section, would allow 

land surveyors to certify the 

construction or reconstruction of roads 

in certain cases, and would apply the 

minimum static safety factor of 1.3 only 

to embankments of primary roads. 

Sections 818.151(a)/817.151(a) 

Certification. 

Proposed 8 816.151(a) would require 

that primary road construction or 

reconstruction be certified in a report to 

the regulatory authority by a qualified 

registered professional engineer. The 

requirement for professional 

certification, which would assure that 

the road is properly constructed to meet 

the environmental protection standards 

- of the Act was included in the 1983 rule. 

Under the proposal, however, 

certification by a qualified registered 

professional land surveyor also would 

be allowed in any State which 

authorizes land surveyors to certify the 

construction or reconstruction of 

primary roads. This provision is based 

on a November 4,1983, amendment to 

the Act (Sea 115, Pub. L 98-146, 97 Stat. 

938 (1983)) which provides that "(n)ot 

withstanding section 507(b)(14) of the 

Surface Mining Control and Reclamation 

Act of 1977 (Pub. L 95-87), cross 

sections, maps or plans of land to be 

affected by an application for a surface 

mining and reclamation permit shall be 

prepared by or under the direction of a 

qualified registered professional 

engineer or geologist, or qualified 

registered professional land surveyor in 

any State which authorizes land 

surveyors to prepare and certify such 

maps or plans." A registered land 

surveyor would have to have experience 

in the design and construction of roads 

in order to substitute for a qualified 

registered professional engineer. This 

requirement is equivalent to the 

experience requirement for certified 

engineers. 

Proposed 8 818.151(a) would also 

require the certifying professional to 

prepare and submit to the regulatory 

authority a report certifying that the 

primary road was constructed or 

reconstructed as designed and in 

accordance with the approved plan. 

This provision is unchanged from the 

1983 rule. 
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42284 Federal Register /Vo l 52. No. 212 /Tuesday, November 3, 1987 / Proposed Rules 

^i-fTbmmmCmm 

'-^i?*?S*'W 

1 

H 

Sections 81B.151fl>)/817.151(b) Safety 

factor. 

Proposed 8 816.151(b) would require ' 

that all embankments have a minimum 

static safety factor of 1.3. Under the 

proposal, this provision would be moved 

from 8 619.150, where it was in the 1983 

rule, to J 616.151, and would apply only 

to primary roads. This would be 

consistent with the concept developed 

in the 1979 rale where the static safety 

factor applied only to roads that bad 

greater environmental effects (Class I 

and II roads in the 1979 classification 

system] due to high embankments and a 

high volume of traffic which results in 

greater degradation. (44 FR 15253 

(1979)). It would also be almost identical 

to the factor of 125 used in the 1979 rule. 

OSMRE is especially interested in 

receiving comments on the adequacy of 

this proposed factor, and the need to 

apply the factor to ancillary as well as 

primary roads. 

Rather than specify particular design 

criteria for road embankments, die 1.3 

factor of safety would establish a 

performance standard that must be 

attained. The operator would have die 

flexibility to select the particular design 

for the road that meets this standard. In 

a related proposal, proposed 6 78037(c) 

would enable the regulatory authority to 

establish engineering design standards 

through the State program approval 

process in lieu of engineering tests that 

are performed to establish compliance 

with the safety factor. 

Sections 816.151(c)/817J51(c) 

Location. 

Proposed 6 816.151(c)(1) would require 

primary roads to be located, insofar as 

practicable, on the most stable available 

surfaces to mtnimfaw erosion. Proposed 

paragraph (c)(2) would prohibit primary 

roads from using stream fords on 

perennial or intermittent streams unless 

specifically approved by die regulatory 

authority as temporary routes during 

road construction. These provisions are 

the same as those in the 1983 rule except 

for the requirement for prohibiting 

stream fords on perennial or intermittent 

streams, which is included to keep the 

provision consistent with proposed 

8 816J50(d)ll). 

Sections 818.151(d)/8l7.151(d) 

Drainage Control 

Proposed 8 816.151(d) would require 

that surface water drainage for each 

primary road be controlled in 

accordance with the approved 

reclamation and operation plan 

specified by proposed 8 780.37(a). Since 

the design aspect of drainage control is 

a part of this plan, it is not necessary to 

include similar provisions in the 

drainage control provision of 

. 8 816.151(d). Generally, die provisions of 

proposed paragraph (d) are similar to 

8 8 816.151 (c)(1) through (c)(6) of die 

1983 rule; any differences are discussed 

below. 

Proposed paragraph rd)(l) would 

require tiiat primary roads be 

constructed, reconstructed and 

maintained to have adequate drainage 

control by using structures such as, but 

not limited to, bridges, ditches and 

drains. Paragraph (dXl) also would 

require diat at a minimum, drainage 

control systems be designed to safely 

pass die peakjrunoff from a 10-year, 6-

hour or greater precipitation event To 

provide flexibility to regulatory 

authorities to account for particular 

situations likely to be encountered over 

the life of s mine, or related to specific 

downstream conditions, die proposed 

rule would allow modification of this 

standard by die regulatory authority in 

those situations where the 10-year, 6-

hour precipitation event might not be 

appropriate. 

Proposed paragraph (d)(2) would 

require that drainage pipes and culverts 

be installed as designed and maintained 

in a free and operating condition, and to 

avoid erosion at inlets and outlets. 

Proposed paragraph (d)(3) would require 

that drainage ditches be constructed and 

maintained to prevent uncontrolled 

drainage over the road surface and 

embankment. The requirement from die 

1983 rule diet trash racks and debris 

basins be installed in drainage ditches 

where debris may impair me functioning 

of drainage and sediment control 

structures is not included in tiiis 

proposed rule. OSMRE believes tiiis 

requirement represents only one of 

several specific methods of meeting the 

performance standards of 

8 816.151(d)(3). Since drainage ditches, 

pipes and culverts must function during 

the maintenance phase of a road, 

OSMRE is proposing to add a 

maintenance requirement to paragraphs 

(d)(2) and (d)(3). 

Proposed paragraph (d)(4) would 

require that culverts be installed and 

maintained to sustain die vertical soil 

pressure, the passive resistance of the 

foundation, and the weight of vehicles 

using the road. As noted above, tiie 

reference to design criteria has not been 

reproposed in this paragraph. Proposed 

paragraph (d)(5) would require that 

natural stream channels not be altered 

or relocated without prior approval of 

the regulatory authority, except as 

provided by the rules on hydrologic 

balance in 30 CFR 816.41 through 618.43 

and 816.57. Proposed paragraph (d)(6) 

would require that except as provided in 

paragraph (c)(2), stream channel 

crossings for perennial and intermittent 

streams be accomplished using bridges, 

culverts, low-water crossings, or other 

structures designed, constructed and 

maintained using current prudent 

engineering practices. 

The requirement for drainage 

structures at perennial and intermittent 

streams would be made to ensure 

consistency witii 8 816.150(d)(1) of this 

part. By vising current prudent 

engineering practices to design, 

construct and maintain crossings, die 

hydrologic and environmental balance 

of the stream would be protected when 

the crossing were in place. 

Proposed paragraph (d)(6) includes 

language referring to perennial and 

intermittent streams, for consistency 

with the language of the performance 

standard in 8 816.150(d). It has also been 

reworded for clarity. More significantly, 

low-water crossings would be added to 

the list of structures that are allowed for 

stream crossings. Low-water crossings 

pass the low or normal flow through the 

structure, while high-water flows over 

the structure, which is designed to 

accommodate high-water flows by using 

a nonerodable roadway surface such as 

concrete. During normal flow, traffic 

uses the structure as a bridge, but high 

flows restrict the use of the crossing. 

Proposed paragraph (d)(6) would specify 

that when the operator proposes to use 

a low-water crossing, the regulatory 

authority shall ensure that the crossing 

is designed, constructed end maintained 

to prevent erosion of the structure or 

Btreambed and additional contributions 

of suspended solids to streamflow. 

OSMRE believes that properly 

constructed and maintained tow-water 

crossings meet the requirements of the 

Act and provide another type of 

structure suitable for stream crossings. 

Sections 818.151(e)/817.1Sl(e) 

Surfacing. 

Proposed 6 816.151(e) would require 

that primary roads be surfaced with 

material approved by the regulatory 

authority as being sufficiently durable 

for the anticipated volume of traffic and 

the weight and speed of vehicles using 

the road. This proposal is essentially the 

same as paragraph (d) in the 1983 rule, 

but would not specify the kinds of 

materials which must be used for 

surfacing primary roads. OSMRE 

believes tiiat since the regulatory 

authority may approve only surfacing 

materials which meet the requirements 

of this paragraph, it is not necessary to 

list the materials that may be used. The 

regulatory authority should have the 
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Federal Register / Vol. 52, Na .212 / Toesday, November 3, 1987 / Proposed Rules 42265 

flexibility to approye any.material 

which will satisfy these requirements. 

Paragraph 816.151(e) of the 1983 rule, 

which listed routine maintenance 

responsibilities for primary roads, is not 

included in this proposed rule. Section 

816.150(e)(1) of this proposal establishes 

maintenance requirements lor all roads; 

it is not necessary to establish separate 

requirements for primary roads. The 

regulatory authority may specify 

additional maintenance criteria for 

primary roads, as necessary. , 

Effect in Federal Program States 

The rule proposed here, if adopted, 

would be applicable through crossreferencing fa those States with Federal 

programs. This includes Georgia, Idaho, -

Massachusetts, Michigan. North 

Carolina, Oregon, Rhode Island, Sooth 

Dakota, Tennessee, and Washington. 

The Federal programs for these States 

appear at 30 CFR Parts 910, 912,921,922. 

933, 937,939, 941, 942, and 947, 

respectively. Comments are specifically 

solicited as to whether unique 

conditions exist in any of these States 

relating to this proposal which should be 

reflected either as changes to die 

national rules or as State-specific 

amendments to any of the Federal 

program rules. The proposed rules also 

apply through cross-referencing to 

Indian lands under Federal programs for 

Indian lands as provided in 30 CFR Part 

750. 

IV. Procedural Matters 

Federal Paperwork Reduction Act 

The proposed rule contains revised 

information collection requirements for 

88 780.87, 780.38, 784.24 and 784.30 

which have been submitted to the Office 

of Management and Budget (OMB) 

under 44 U.S.C. 3507. The information 

collection requirements for Part 816 

have also been submitted to OMB for 

review, and die information collection 

requirements for 30 CFR Part 817 will be 

submitted to OMB for review by 

November 1,1987. 

Executive Older 12291 . 

The DOI has examined 4be proposed 

rule according to the criteria of 

Executive Order 12291 fJ'ebruBrjrl?, • 

1981) and has determined that it is not ' 

major and does not require a regulatory 

impact analysis. ..-•-: 

Regulatory Flexibility Act .' ' ' 

The DOI also has determined. - . 

pursuant to the Regulatory Flexibility •: 

Act5U.S.C.601erfse(7,:thatthe -7 

proposed rule will not have.a significant 

economic impact on a substantial 

. number of small entities, r-,. -.,. .'. .. . 

National Environmental Policy-Act 

OSMRE has prepared an 

environmental assessment (EA) for tiiis 

rule, and has made a finding diat it 

would not significantly affect die quality 

of the human environment under section 

102(2)(C) of the National Environmental 

Policy Act of 1969,42 U.S.C. 4332(2)(C). 

The EA and finding of no significant 

impact are on file in the administrative 

record for this rule in the OSMRE 

Administrative Record Room at 1100 L 

Street NW., Washington. DC. 

Author 

The author of this proposed rule is 

Robert A. Wiles, PJL, Office of Surface 

Mining Reclamation and Enforcement 

1951 Constitution Avenue NW., 

Washington, DC 20240; Telephone: 202-

343-1502. 

list of Subjects 

30 CFR Part 701 

Law enforcement Surface mining, 

Underground mining. 

30CFRPart780 

Reporting and recordkeeping 

requirements. Surface mining. 

30 CFR Part 784 

Reporting and recordkeeping 

requirements, Underground mining. 

30 CFR Part 815 

Reporting and recordkeeping 

requirements. Surface mining. 

30CFRPart816 

Environmental protection, Reporting 

and recordkeeping requirements, 

Surface mining. 

30 CFR Part 817 ~ .'.,.••> 

Coal mining. Environmental 

protection, Reporting and recordkeeping 

requirements, Underground mining. 

, .Accordingly, it.is proposed to amend . 

30 CFR Parts 701, 78a 784.815,616, and 

817 as set forth below. 

Date: June 3,1987. 

). Steven Griies, "-

Assistant Secretary—land'and Minerals \ 

MnnagemenL -" 

PART 701—PERMANENT • .-

REGULATORY PROGRAM 

1. The authority citation for Part 701 . 

reads as follows: 

Authority:Pub. L. 85-87. Sl-StaL 445 (30 

.U.S.C.. 1201 etseq.). 

2. fa 8 701,6, the definition of 'iroad" is 

revised to read as follows: - - - > 

5701.6 [Amended] '"\" '""'.'„'.'' 

Roadmeans a surface right-of-way for 

purposes of travel by land vehicles used 

in surface coal mining and reclamation 

operations or coal exploration. A road 

consists of the entire area within the 

right-of-way, including the roadbed, 

.shoulders, parking and side areas, 

approaches, structures, ditches and 

surface. The term includes access and 

haul roads constructed, used, 

reconstructed, improved or maintained 

for use in surface coal mining and 

reclamation operations or coal 

exploration, including use by coal 

hauling vehicles leading to transfer, 

processing, or storage areas. The term 

does not include pioneer roads, 

temporary routes used for constructing 

access or haul roads, ramps and routes 

of travel within the immediate mining 

area or within spoil or coal mine waste 

disposal areas. 

PART 780—SURFACE MINING PERMIT 

APPLICATIONS—MINIMUM 

REQUIREMENTS FOR RECLAMATION 

AND OPERATION PLAN 

3. The autiiority citation for Part 780 

reads as follows: 

Authority: Pub. L 95-07,81 Stat. 445 (30 

U.S.C. 1201 et seq.) and sec. 115, Pub. L. 98-

146, 97 Stat. 938 (38 U.S.C 1257). unless 

otherwise noted. 

4. Section 780.37 is revised to read as 

follows: 

8 780.37 Road systems. 

(a) Plans and drawings. Each 

. applicant for a surface coal mining and 

reclamation permit shall submit plans 

and drawings for each road, as defined 

in 8 7013 of tiiis chapter, to be 

constructed, used or maintained within 

the proposed permit area The plans and 

drawings shall— 

fl) Include a map, appropriate cross 

sections, design drawings and 

specifications for road widths, gradients, 

surfacing materials, cuts, fill 

embankments, culverts, bridges, 

drainage ditches, low-water crossings 

and drainage structures; 

(2) Contain the drawings and 

specifications of each proposed road 

that is located in the channel of an 

intermittent or perennial stream and 

thus requires the approval of the 

regulatory authority in accordance with 

8 816.150(d)(1) of this chapter 

(3) Contain die drawings and 

specifications for each proposed stream 

ford that is used as a temporary route 

and thus requires die approval of the 

regulatory authority in accordance with 

8 816.151(c)(2) of this chapter: . 
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42266 Federal Register / Vol. 52, No. 212 / Tuesday, November 3, 1987 / Proposed Rules 

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' ajup'finy-] 

(4) Contain a description of measures 

to be taken to obtain approval of the 

regulatory authority for alteration or 

relocation of a natural drainageway 

under 8 816.151(d)(5) of this chapter, 

(5) Contain the drawings and 

specifications for each low-water 

crossing so the regulatory authority can 

maximize the protection of the stream in 

accordance with 8 816.151(d)(b) of this 

chapter; and 

(6) Describe the plans to remove and 

reclaim each road that would not be 

retained under an approved postmining 

land use, and the schedule for this 

removal and reclamation. 

(b) Primary road certification. The 

plans and drawings for each primary 

road shall be prepared by, or under the 

direction of, and certified by a qualified 

registered professional engineer, or in 

any State which authorizes land 

surveyors to certify the design of 

primary roads a qualified registered 

professional land surveyor, with 

experience in the design and 

construction of roads, as meeting the 

requirements of this chapter; current, 

prudent engineering practices; and any 

design criteria established by the 

regulatory authority. 

(c) Standard design plans. The 

regulatory authority may establish 

engineering design standards for 

primary roads through the State program 

approval process in lieu of engineering 

tests to establish Compliance with the. 

minimum static safety factor of 1.3 for 

alf embankments specified in 

8 816.151(b) of this chapter. 

5. Section 780.38 is added to read as 

follows: 

§78038 Support facilities. . 

Each applicant for a surface coal 

mining and reclamation permit shall 

submit a description, plans and 

drawings for each support facility to be 

constructed, used or maintained within 

the proposed permit area. The plans and 

drawings shall include a map, 

appropriate cross sections, design 

drawings and specifications sufficient to 

demonstrate compliance with 8 816.181 

of this chapter for each facility. 

PART 784—UNDERGROUND MINING 

PERMIT APPLICATIONS—MINIMUM 

REQUIREMENTS FOR RECLAMATION 

AND OPERATION PLAN 

6. The authority citation for Part 784 

reads as follows: 

Authority: Pub. L. 95-87,91 Stat. 445 (30 

U.S.C. 1201 et seq.) and sec. 115, Pub. L. 98- . 

146,97 Stat. 938 (30 U.S.C. 1257), unless 

otherwise noted. . . -;.:-•-' 

7. Section 784.24 is revised to-read as 

follows: 

8784.24 Road systems. 

(a) Plans and drawings. Each 

applicant for an underground coal 

mining and reclamation permit shall 

submit plans and drawings for each 

road, as defined in 8 701.5 of this 

chapter, to be constructed, used or 

maintained within the proposed permit 

area. The plans and drawings shall— 

(1) Include a map, appropriate cross 

sections, design drawings and 

specifications for road widths, gradients, 

surfacing materials, cuts, fill 

embankments, culverts, bridges, 

drainage ditches, low-water crossings 

and drainage structures; 

(2) Contain the drawings and 

specifications of each proposed road 

that is located in the. channel of an 

intermittent or perennial stream and 

thus requires the approval of the 

regulatory authority in accordance with 

8 817.150(d)(1) of this chapter; 

(3) Contain the drawings and 

specifications for each proposed stream 

ford that is used as a temporary route 

and thus requires the approval of the 

regulatory authority in accordance with 

8 817.151(c)(2) of this chapter 

(4) Contain a description of measures 

to be taken to obtain approval of the 

regulatory authority for alteration or 

relocation of a natural drainageway 

under 8 817.151(d)(5) of this chapter . 

(5) Contain the drawings and 

specifications for each low-water 

crossing so the regulatory authority can 

- maximize the protection of the stream in 

accordance with 8 817.151(d)(6) of this 

chapter, and 

(6) Describe the plans to remove and 

reclaim each road that would not be 

retained under an approved postmining 

land use, and the schedule for this 

removal and reclamation. 

(b) Primary road certification. The 

plans and drawings for each primary 

road shall be prepared by, or under the 

direction of, and certified by a qualified 

registered professional engineer, or in 

any State which authorizes land 

surveyors to certify the design of 

-primary roads a qualified registered 

professional land surveyor, experienced 

in tiie design and construction of roads, 

as meeting the requirements of this 

chapter; current, prudent engineering • 

practices; and any design criteria 

established by the regulatory authority. 

(c) Standard design plans. The 

regulatory authority may establish 

engineering design standards for 

primary roads through the State program 

approval process in lieu of engineering 

tests to establish compliance with the 

. minimum static safety factor of 1.3 for 

all embankments specified in 

8 817.151(b) of this chapter. 

8. Section 784.30 is added to read as 

follows: 

8784.30 Support facilities. 

Each applicant for an underground 

coal mining and reclamation permit 

shall submit a description, plans and 

drawings for each support facility to bo 

constructed, used or maintained within 

the proposed permit area. The plans and 

drawings shall include a map, 

appropriate cross sections, design 

drawings and specifications sufficient to 

demonstrate compliance with § 817.181 

of this chapter for each facility. 

PART 815—PERMANENT PROGRAM 

PERFORMANCE STANDARDS—COAL 

EXPLORATION 

9. The authority citation for Part 815 

reads as follows: 

Authority: Pub. L 95-87, U.S.C. 1201 et 

seq. 

10. Section 815.15 is amended by 

revising paragraph (b) to read as 

follows: 

8 815.15 Performance standards for coal 

exploration. 

(b) All roads or other transportation 

facilities used for coal exploration shall 

comply with the applicable provisions of 

88 816.150 (b) through (f). 816.180 and 

816.181 of this chapter. 

PART 816—PERMANENT PROGRAM 

PERFORMANCE STANDARDSSURFACE MINING ACTIVITIES 

10. The authority citation for Part 816 

reads as follows: 

Authority: Pub. L. 95-87,91 Stat. 445 (30 

U.S.C. 1201 et seq.) and sec. 115, Pub. L. 98-

146.97 Stat. 938 (30 U.S.C. 1257), unless 

otherwise noted. 

11. Section 816.150 is revised to read 

as follows: 

8816.150 Roads:General. 

(a) Road classification system. (1) 

Each road, as defined in 6 701.5 of this 

chapter, shall be classified as either a 

primary road or an ancillary road. 

(2) A primary road is any road which 

is— 

(i) Used for transporting coal or spoil; 

(ii) Frequently used for access or othe 

purposes for a period in excess of six 

months; or 

(iii) To be retained for an approved 

postmining land use. 

(3) An ancillary road is any road not 

classified as a primary road. 

(b) Performance standards. Each road 

shall be located, designed, constructed. 
P.12 

Federal Register / Vol. 52, No. 212 /Tuesday, November 3, 1987 / Proposed Rules 42267 

reconstructed, used, maintained and 

reclaimed so as to: 

(1) Control or prevent erosion, 

siltation, and the air poUution attendant 

to erosion, by measures such as 

vegetating, watering, using chemical or 

other dust suppressants or otherwise 

stabilizing all exposed surfaces in 

accordance with current prudent 

engineering practices; 

(2) Control or prevent damage to fish, 

wildlife or their habitat and related 

environmental values; 

(3) Control or prevent additional 

contributions of suspended solids to 

stream flow or runoff outside the permit 

area; 

(4) Neither cause nor contribute to, 

directly or indirectly, the violation of 

State or Federal water quality standards 

applicable to receiving waters; 

(5) Refrain from seriously altering die 

normal flow of water in streambeds or 

drainage channels; 

(6) Prevent or control damage to 

public or private property, including the 

prevention or mitigation of adverse 

effects to lands witiiin the boundaries of 

units of the National Park System, the ~ 

National Wildlife Refuge System, the 

National System of Trails, the National 

Wilderness Preservation System, the 

Wild and Scenic Rivers System, 

including designated study rivers, and 

National Recreation Areas designated 

by Act of Congress; and 

(7) Use nonacid- or nontoxic-fonning 

substances in road surfacing. 

(c) Design and construction limits and 

establishment Of design criteria. To 

ensure environmental protection 

appropriate for their planned duration 

and use, including consideration of the 

type and size of equipment used, the 

design and construction or • -

reconstruction of roads shall incorporate 

appropriate limits for grade, width, 

surface materials, surface drainage 

control, culvert placement culvert size, 

that would be in accordance with 

current prudent engineering practices, 

and any necessary design criteria 

established by die regulatory authority. 

(d) Location. (1) No part of any road 

shall be located in the channel of an 

intermittent or perennial stream unless 

specifically approved by the regulatory 

authority. 

(2) Roads shall be located to minimize 

downstream sedimentation and 

flooding. 

(e) Maintenance. (1) A road shall be 

maintained to meet the performance 

standards of this part and any 

additional criteria specified by the 

regulatory authority. 

(2) A road damaged by a -catastrophic 

event such as a flood or earthquake, .. 

shall be repaired assooaasis . 

practicable after'the damage has - • 

occurred. -.'•' • 

(fj Reclamation, A road not to be 

retained under «n approved postmining 

land use shall be reclaimed in 

accordance with the approved 

reclamation plan immediately after it Is 

no longer needed for mining and 

reclamation operations. This 

reclamation shall include: 

(1) Closing the road to traffic; 

(2) Removing all bridges and culverts 

unless approved as part of die 

postmining land use; 

(3) Removing or otherwise disposing 

of road-surfacing materials that are 

incompatible with the postmining lend 

use and revegetation requirements; . 

(4) Reshaping cut and fill slopes as 

necessary to be compatible with die 

postmining land use and to complement 

the natural drainage pattern of the 

surrounding .terrain; 

(5) Protecting the natural drainage 

patterns by installing dikes or cross 

drains as necessary to control surface 

runoff and erosion; and 

(6) Scarifying or ripping die roadbed, 

replacing topsoil or substitute material 

and revegetating disturbed surfaces in 

accordance with 88 816.22 and 816.111 

through 818.116 of this chapter. 

12. Section 818.151 is revised to read 

as follows: 

8816.151 Primary roads. 

Primary roads shall meet the 

requirements of 8 816.150 and the 

additional requirements of this section. 

(a) Certification. The construction or 

reconstruction of primary roads shall be 

certified in a report to the regulatory 

authority by a qualified registered 

professional engineer, or in any State 

which authorizes land surveyors to 

certify the construction or 

reconstruction of primary roads a 

qualified registered professional land 

surveyor, with experience in the design 

and construction of roads. The report 

shall indicate that die primary road has 

been constructed or reconstructed as 

designed and in accordance with the... 

approved plan. 

(b) Safety factor. Each primary road 

embankment shall have a minimum 

static safety factor of 1 J. -

(c) Location. (1) To minimise erosion, 

e primary, road shall be located, insofar 

as is practicable, on the most stable 

available surface. 

(2) Fords of perennial or intermittent 

streams by primary roads are prohibited 

unless they are specifically approved by 

the regulatory authority es temporary 

routes during periods of construction. ••-. 

(d) Drainage control. In accordance 

with the approved plan— 

(1) Each primary road shall be 

constructed or reconstructed, and 

maintained to have adequate drainage 

control, using structures such as, but not 

limited to bridges, ditches, cross drains 

and ditch relief drains. The drainage 

control system shall be designed to 

safely pass the peak runoff from a 10-

year, 6-hour or greater precipitation 

event unless otherwise specified by the 

regulatory authority; 

(2) Drainage pipes and culverts shall 

be installed as designed, and 

maintained in a free and operating 

condition and to avoid erosion at inlets 

and outlets; 

(3) Drainage ditches shall be 

constructed and maintained to prevent 

uncontrolled drainage over the road 

surface and embankment; 

(4) Culverts shall be installed and 

maintained to sustain the vertical soil 

pressure, the passive resistance of the 

foundation, and the weight of vehicles 

using the road; 

(5) Natural stream channels shall not 

be altered or relocated without the prior 

approval of the regulatory authority in 

accordance with applicable 88 616.41 

through 816.43 and 816.57 of this chapter; 

and 

(8) Except as provided in paragraph 

(c)(2) of this section, structures for 

perennial or intermittent stream channel 

crossings shall be made using bridges, 

culverts, low-water crossings, or other 

structures designed, constructed and 

maintained using current, prudent 

engineering practices. The regulatory 

authority shall ensure that low-water 

crossings are designed, constructed and 

maintained to prevent erosion of the 

structure or streambed and additional 

contributions of suspended solids to 

streamflow. 

(e) Surfacing. Primary roads shall be 

surfaced with material approved by the 

regulatory authority as being sufficiently 

durable for the anticipated volume of 

traffic and tiie weight and speed of 

vehicles using the road. 

PART 817—PERMANENT PROGRAM 

PERFORMANCE STANDARDSUNDERGROUND MINING ACTIVITIES 

13. The autiiority citation for Part 817 

reads as follows: 

: Authority: Pub. L 85-87.« Stat 445 (SO 

U.S.C. 1201 et seq.) and sec. 115. Pub. L 98-

146,97 Stat. 938 (30 U.S.C. 1257). unless 

otherwise noted. . 

- 14. Section 817.150 is revised to read 

as follows: 

8817.150 Read* General. 

(a) Road classification system. (1) 

Each road, as defined in 8 701.5 of this 
42268 Federal Register / Vol. 52, No. 212 / Tuesday, November 3, 1987 / Proposed Rules 

P.13 

chapter, shall be classified as either a 

primary road or an ancillary road. -

<2). A primary road is any road which 

is-r-

(i) Used for transporting coal or spoil; 

(ii) Frequently used for access or other 

purposes for a period in excess of six . 

months; or 

(iii) To be retained for an approved 

postmining land use. 

(3) An ancillary road is any road not 

classified as a primary road. 

(b) Performance standards. Each road 

shall be located, designed, constructed, 

reconstructed, used, maintained and 

reclaimed so as to: . ' 

(1) Control or prevent erosion, - -

siltation, and the air pollution attendant 

to erosion, by measures such as 

vegetating, watering, using chemical or , 

other dust suppressants or otherwise" 

stabilizing all exposed surfaces in 

accordance with current prudent 

engineering practices; 

(2) Control or prevent damage to fish, 

wildlife or their habitat and related 

environmental values; . 

- (3) Control of prevent additional 

contributions of suspended solids to 

stream flow or runoff outside the permit 

area; ,-

(4) Neither cause nor contribute to. 

directly or indirectly, the violation of 

State or Federal water quality standards 

applicable to receiving waters; -

(5) Refrain from seriously altering the 

normal flow of water in streambeds or 

drainage channels; -• ..

:

- ;•• •'-- ••---.. 

(6T<Prevent or control damage to -.-

public or. private property, including the 

prevention or mitigation of adverse . 

effects to lands within the boundaries of 

units of the National Park System, the -

National Wildlife Refuge System, the 

National System of Trails, the National 

Wilderness Preservation System, the 

Wild and Scenic Rivers System, 

. including designated study rivers, and 

National Recreation Areas designated 

by Act of Congress; and 

(7) Use nonacid- or nontoxic-forming 

substances in road surfacing. 

(c) Design and construction limits and 

establishment of design criteria. To 

ensure environmental protection 

appropriate for their planned duration . 

and use, including consideration of the 

type and size of equipment used, tiie 

design and construction or -

reconstruction of roads Shall incorporate 

appropriate limits for grade, width, 

surface materials, surface drainage 

control, culvert placement culvert size, 

that would be in accordance with -

current, prudent engineering practices, •.. 

and any necessary design criteria 

established by the regulatory authority. 

(d) Location. (1) No part of any road 

shall be located in the channel of .an. 

intermittent or perennial stream unless 

specifically approved by the regulatory 

authority. '• -

,' (2) Roads shall be located to minimize 

downstream sedimentation and 

flooding. 

"(e) Maintenance. (1) A road shall be 

maintained to meet the performance 

standards of this part and any 

additional criteria specified by the 

regulatory authority. 

(2) A road damaged by a catastrophic 

event, such as a flood or earthquake, 

shall be repaired as soon as is 

practicable after the damage has ' 

occurred. 

(f) Reclamation. A road not to be -

retained under an approved postmining 

land use shall be reclaimed in 

accordance with the approved 

reclamation plan immediately after it is 

no longer needed for mining and 

reclamation operations. This -

reclamation shall include: 

(1) Closing the road to traffic; 

(2) Removing all bridges and culverts 

unless approved as part of the 

postmining land use; ,,. 

(3) Removing or otherwise disposing 

of road-surfacing materials that are -

incompatible with the postmining land 

use and revegetation requirements; 

(4) Reshaping cut and fill slopes as 

necessary to be compatible with the 

postmining land use and to complement 

the natural drainage pattern of tiie 

surrounding terrain; 

. (5) Protecting the natural drainage 

patterns by installing dikes or cross -

drains as necessary to control surface 

runoff and erosion; and 

(6) Scarifying or ripping the roadbed, 

replacing topsoil or substitute material 

and revegetating disturbed surfaces in 

accordance with 88 817.22 and 817.111 

through 817.116 of this chapter. 

15. Section 817.151 is revised to read 

as follows: 

8 817.151 Primary roads. . ... • 

Primary roads shall meet the 

requirements of 8 817.150 and the 

additional requirements of this section, 

(a) Certification. The construction or 

reconstruction of primary roads shall be 

certified in a report to the regulatory 

authority by a qualified registered 

professional engineer, or in any State 

which authorizes land surveyors to •• 

certify the construction or 

reconstruction of primary roads a 

qualified registered professional land 

surveyor, with experience in the design 

and construction of roads. The report 

shall indicate that the primary road has 

been constructed or reconstructed es . 

designed and in accordance with the 

approved plan. •. 

(b) Safety factor. Each primary road 

-embankment shall have a minimum 

-static safety factor of 1.3. 

(c) Location. (1) To minimize erosion, 

a primary road shall be located, insofar 

as is practicable, on the most stable 

available surface. 

(2) Fords of perennial or intermittent 

streams by primary roads are prohibited 

unless they are specifically approved by 

the regulatory authority as temporary 

routes during periods of construction. 

(d) Drainage control. In accordance 

with the approved plan— 

(1) Each primary road shall be 

constructed or reconstructed, and 

maintained to have adequate drainage 

control, using structures such as, but not 

limited to bridges, ditches, cross drains 

and ditch relief drains. The drainage 

control system shall be designed to 

safely pass the peak runoff from a 10-

year, 6-hour or greater precipitation 

event unless otherwise specified by the 

regulatory authority; 

(2) Drainage pipes and culverts shall 

be installed as designed, and 

. maintained in a free and operating -

condition and to avoid erosion at inlets 

and outlets; 

(3) Drainage ditches shall be 

constructed and maintained to prevent 

uncontrolled drainage over the road 

surface and embankment; -

(4) Culverts shall be installed and 

maintained to sustain the vertical soil 

pressure, the passive resistance of the 

foundation, and the weight of vehicles 

using the road; 

(5) Natural stream channels shall not 

be altered or relocated without the prior 

approval of the regulatory authority in 

accordance with applicable §8 817.41 

through 817.43 and 817.57 of this chapter; 

and 

(6) Except as provided in paragraph 

(c)(2) of this section, structures for 

perennial or intermittent stream channel 

crossings shall be made using bridges, 

culverts, low-water crossings, or other 

structures designed, constructed and 

maintained using current, prudent 

engineering practices. The regulatory 

autiiority shall ensure that low-water 

crossings are designed, constructed and 

maintained to prevent erosion of the 

structure or streambed and additional 

contributions of suspended solids to 

streamflow. 

(e) Surfacing. Primary roads shall be 

surfaced with material approved by the 

regulatory authority as being sufficiently 

durable for the anticipated volume of 

traffic and the weight and speed of 

vehicles using the road. 

[FR Doc. 87-25379 Filed 11-2-87; 8:45 am] 

BIUMO COOE 4S10-0S-M 
P.3 

* • 

^VIRON M ESTALVPR0TECTI ON 

AO-NOY 

* / 3 1989 

CEMTRAL DOCKET