OSMRE NEPA HANDBOOK 1 JULY 2019

APPENDIX 6.5 AML PROGRAM-SPECIFIC INSTRUCTIONS FOR 

CATEGORICAL EXCLUSION DETERMINATION

A checklist is used to determine if an AML project funded through Title IV of SMCRA is 

eligible for a categorical exclusion under NEPA. A ‘yes’ answer to any question means that the 

project is not eligible and requires preparation of an environmental assessment.

List the project name along with a brief description of the project using AML Inventory 

keywords in the title block. 

I. General Exceptions

These exceptions were developed after a review of common AML reclamation projects and the 

impacts associated with those projects. AML projects that include any of the following 

problems, situations, or activities will require an EA as detailed in 516 DM Chapter 13. 

1. Subsidence projects involving the placement of any material into underground mine voids 

through drilled holes to address more than one structure. 

2. Mine fires and refuse fires.

3. Hazardous or explosive gases. For example, projects involving the venting of methane or 

carbon dioxide. 

4. Dangerous impoundments, both surface and underground, as defined in the inventory 

guidelines (AML-1).

5. Dangerous slides where the abatement work can result in damage to inhabited property. 

6. Undisturbed, non-commercial borrow or disposal sites.

7. Hazardous wastes as defined by the EPA.

8. The use of explosives. 

9. Projects over 100 acres in size.

II. Department of the Interior Exceptions

These exceptions are presented in 43 CFR 46.215. The Department’s procedures were published 

in the Federal Register on April 29, 1980 (45 FR 27541) and revised on May 21, 1984 (49 FR 

21437[1]). The Department Manual includes the following 15 exceptions that apply to 

individual actions that are categorically excluded actions but may meet any of the criteria listed 

here. Environmental documents must be prepared for actions which may: 

1. Have significant impacts on public health and safety. 

2. Have significant impacts on such natural resources and unique geographic characteristics as 

historic or cultural resources; park, recreation or refuge lands; wilderness areas; wild or 

scenic rivers; national natural landmarks; sole or principal drinking water aquifers; prime 

farmlands; wetlands (E.O. 11990); floodplains (E.O. 11988); national monuments; migratory 

birds; and other ecologically significant or critical areas.

3. Have highly controversial environmental effects. 
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4. Have highly uncertain and potentially significant environmental effects or involve unique or 

unknown environmental risks. 

5. Establish a precedent for future action or represent a decision in principle about future 

actions with potentially significant environmental effects. 

6. Be directly related to other actions with individually insignificant but cumulatively 

significant environmental effects. 

7. Have significant impacts on properties listed or eligible for listing on the National Register of 

Historic Places.

8. Have significant impacts on species listed or proposed to be listed on the List of Endangered 

or Threatened Species, or have significant impacts on designated Critical Habitat for these

species. 

9. Have significant impacts on resources requiring compliance with Executive Order 11988 

(Floodplain Management), Executive Order 11990 (Protection of Wetlands), or the Fish and 

Wildlife Coordination Act.

10. Threaten to violate a Federal, State, local or tribal law or requirement imposed for the 

protection of the environment. 

11. Involve unresolved conflicts concerning alternative uses of available resources (NEPA Sec. 

102(2) (E)).

12. Have a disproportionate, significant adverse effect on low income or minority populations 

(EO 12898). 

13. Restrict access to and ceremonial use of Indian sacred sites by Indian religious practitioners 

or adversely affect the physical integrity of such sacred sites (EO 13007). 

14. Contribute to the introduction, continued existence or spread of Federally listed noxious 

weeds (Federal Noxious Weed Control Act).

15. Contribute to the introduction, continued existence or spread of non-native invasive species 

or actions that may promote the introduction, growth, or expansion of the range of non-native 

invasive species (EO 13112). 

III. Resource Impact Exceptions

The resources values correspond to those listed in this NEPA Handbook (Chapter 7). If any 

agencies, persons, or groups have unresolved issues with the proposed project, an EA must be 

prepared. 
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If project activities result in impacts that must be mitigated through the uses of techniques 

beyond common construction practices, an EA must be prepared to analyze the potential 

environmental effects, and alternatives. Mitigation, in and of itself, is not considered specialized. 

There are several mitigation techniques related to wetlands and streams that are considered 

common construction practices. Specialized mitigation is an indicator of the potential for 

significant adverse effects. The following examples are provided to help the reviewer determine 

when mitigating measures require preparation of an EA. These examples are for guidance only 

and are not inclusive. 

Common Mitigation Practices Not 

Normally Requiring an Environmental 

Assessment:

Specialized Mitigation Practices 

Normally Requiring an Environmental 

Assessment:

Watering roads to suppress dust. Developing detailed dust control plans in 

response to air quality zone requirements, 

or public health considerations. 

Installation of silt fence and hay bales to 

control sediment. 

A specialized sediment control plan 

required to protect sensitive off-site 

resources. 

Routine traffic control such as flagmen or 

safety barricades. 

The use of road closures and detours 

resulting in a substantial alteration of traffic 

patterns. 

Replanting of trees, shrubs, and grass to 

replace lost vegetation types. 

Developing a specialized revegetation plan 

in response to concerns over adverse 

impacts on plant communities.

Placement of brush and rock piles to 

replace wildlife habitat. 

Developing a specialized plan in response 

to concerns over adverse impacts on 

wildlife communities.

Routine placement of barriers that allow 

continued use of mines by non-endangered 

bat or other species. 

Specialized mine closure procedures in 

response to site specific concerns about bat 

habitat.

 
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IV. Attach Consultation Letters and a Location Map 

Attach all consultation letters including, but not limited to, SHPO, ESA, and CWA consultation 

letters, and any other consultation letters required by the state reclamation plan. Actual copies of 

the consultation letters or MOU must be attached to the categorical exclusion determination 

form. Signatory checklists that document compliance with these, without the consultation 

letters, will not be accepted.

The location map is traditionally from a 7.5 minute quadrangle map, with the map name, project 

name, and project location legibly marked. A secondary map may be needed to include all 

project features, important resource values, landmarks, roadways, and utilize the highest quality 

aerial photography available.

V. Responsible Official Certification

The official signing this block is certifying the accuracy and completeness of the statements on

the form. The person’s name and title should be typed on the second line. 

VI. OSMRE Determination

The OSMRE official making the determination is to review this document, check the appropriate 

block, and sign as indicated. The person’s name and title should be typed on the second line.