f 

u: S· DEPARTMENT OF THE INTERIO Subject Nwnber: 

REG-19 

OFFICE OF SURF ACE MINING ~T-ran---:-;tta1-=-=N~wn-:-ber-:--t RECLAMATION AND ENFORCEMENT 387 

DIRECTIVES SYSTEM Daw: 10/19/87 

Subject: 

OSM/103 

1. PURPOSE. The purpose of this directive is to establish an 

agency-wide policy ·for use in determining when an extension of 

the area covered by a Federal permit constitutes an incidental 

boundary revision. 

2. DEFINITIONS. 

a. Federal permit. A permit issued by OSMRE in its 

capacity as the regulatory authority on Indian lands, Federal 

lands in States without a cooperative agreement for the 

regulation of mining on such lands, or, under a Federal program, 

on State and private lands. For the purposes of this directive, 

this term does not include Federal permits issued for Federal 

lands in States with cooperative agreements requiring both the 

State and OSMRE to issue a permit for the same operation. 

b. [ed~~l_permitting entity (FPEl. The OSMRE 

organizational unit with responsibility for receiving and 

processing applications and other materials related to Federal 

permits, i.e., the Western Field Operations office or the 

Division of Tennessee Permitting. 

3. POLICY/PROCEDURES. 

a. ~Qlicy, Section 511{a){3) of the Surface Mining Control 

and Reclamation Act of 1977 {SMCRA) and the Federal regulations 

at 30 CFR 774.13{d) provide that any extensions of the area 

covered by a permit, except incidental boundary revisions, shall 

be made by application for a new permit. Therefore, when an 

operator proposes a boundary change, the FPE shall apply the 

criteria listed in paragraph 3.a.{1) below in determining 

whether the requested boundary revision is incidental or whether 

it must be submitted and processed as an application for a new 

permit. However, where an approved State program contains 

differing criteria, the FPE shall use the State program criteria 

when evaluating requests for boundary revisions of Federal 

permits on Federal lands in States with approved regulatory 

programs. 

7/22/86 
(1) Criteria for incidental boundary revisions. For a 

proposed boundary revision to be considered incidental, the 

proposed change should be one that: 

(a) would facilitate the orderly and continuous 

conduct of mining and reclamation operations; 

(b) would not increase the area of land available 

for coal removal unless the increase would be a secondary impact 

of and incid.ental to the primary pu.rpose of the revision; 

(c) would not cause any change in the approved 

post-mining land use or adversely impact the likelihood of its 

attainment; 

(d) would not result· in adverse environmental 

impacts of a larger scale or different nature than those 

anticipated and addressed in the approved permit; 

(e) would only involve lands for which the 

analysis of probable hydrologic consequences is applicable; 

(f) would not involve lands on which mining is 

prohibited or limited pursuant to section 522(e) of SMCRA 

(unless the appropriate waivers have been obtained), any lands 

designated as unsuitable for mining, or any properties eligible 

for listing on the National Register of Historic Places; 

(g) would not involve any of the special 

categories of mining listed in 30 CFR Part 785 (e.g., prime 

farmland, alluvial valley floors, and coal preparation plants) 

unless the approved permit already includes the relevant 

category; 

(h) would be contiguous with the permit area of a 

surface mine, but need not be contiguous with the permit area of 

an underground mine; and 

(i) would not constitute a change in the method 

of mining. 

(2) Examples. 

(a) Modifications that may qualify as incidental 

boundary revisions, subj,ect to compliance with the criteria 

listed in (1) above, include, but are not limited to, the 

addition of areas to: 

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) 
1 improve the alignment of a road or 

diversion ditch or the placement of a soil stockpile area or a 

sedimentation control structure; 

l relocate or expand support facilities; 

~ accommodate needed changes in the location 

of isolated long-term facilities associated with underground 

mining activities, such as belt lines and ventilation shafts; 

~ incorporate incidental disturbances that 

extend beyond the permit area for which a reclamation obligation 

now exists; or 

~ make minor adjustments in the area 

permitted for coal extraction so long as the total area 

permitted for extraction is not increa~ed (unless the increase 

is justified under 3.a(1)(b) above). 

(b) Proposed changes beyond the scope of 

incidental boundary revisions include, but are not limited to, 

the addition of areas: 

_ solely or primarily to increase the size 

of the area from which coal may be removed or 

l to construct major new facilities such as 

preparation plants or coal mine waste disposal areas. 

The FPE shall evaluate all applications for incidental 

boundary revisions to determine whether the area(s) to be added 

and the permittee's rationale for the addition are both 

reasonable and in accordance with the criteria specified in 

paragraph 3.a.(1) of this directive. 

If the FPE determines that the application meets the 

criteria for incidental boundary revisions, it shall process the 

application in accordance with the requirements and procedures 

for nonsignificant permit revisions established pursuant to the 

applicable State or Federal program counterpart to 30 CFR 

774.13. No such application shall be approved before the 

permittee posts an adequate performance bond for any additional 

area as determined by the FPE in accordance with the applicable 

State or Federal program. 

If the FPE determines that the proposed revision does not 

meet the criteria for incidental boundary revisions, it shall 

return the application to the permittee with a written 

explanation of the decision and the permittee's alternatives. 

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c. Policy for oversighi_Qf_St~te_erograms. When evaluating 

a State's implementation of its approved regulatory program, 

OSMRE personnel shall adhere to any requirements or policies 

contained within or adjunct to the approved program. Where a 

State program does not contain any specific guidance on IBRs, 

the State program shall be considered no less effective than 

Federal requirements if program provisions are applied in a 

manner that gives reasonable meaning to the word "incidental," 

such as the criteria outlined in section 3.a. of this directive. 

4. REPQR!l~g_g~QUIREMENTS. None. 

5. REFERENCES. 30 CFR 774.13(d). 

6. EFFECT ON OTHER DOCUMENTS. None. 

7. ~FFECTIV~-2~!~· Upon issuance. 

8. CONTACT. Branch of Federal and Indian Programs, Division of 

Regulatory Programs; Telephone (202) 343-1864. 

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