reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.54 - Backfilling And Grading: Thin Overburden

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The provisions of this Rule apply only where the final thickness is less than 0.8 of the initial thickness. Initial thickness is the sum of the overburden thickness and coal thickness prior to removal of coal. Final thickness is the product of the overburden thickness prior to removal of coal, times the bulking factor to be determined for each permit area. The provisions of this Rule apply only when surface mining activities cannot be carried out to comply with Rule 880-X-10C-.53 to achieve the approximate original contour.
(2) In surface mining activities carried out continuously in the same limited pit area for more than 1 year from the day coal-removal operations begin and where the volume of all available spoil and suitable waste materials over the permit area is demonstrated to be insufficient to achieve the approximate original contour of the lands disturbed, surface mining activities shall be conducted to meet, at a minimum, the following standards:
(a) Haul or convey, backfill, and grade, using all available spoil and suitable waste materials from the entire permit area, to attain the lowest practicable stable grade, to achieve a static safety factor of 1.3, and to provide adequate drainage and long-term stability of the regraded areas and cover all acid-forming and toxic-forming materials.
(b) Eliminate highwalls by grading or backfilling to stable slopes not exceeding lv:2h (50 percent), or such lesser slopes as the State Regulatory Authority may specify to reduce erosion, maintain the hydrologic balance, or allow the approved postmining land use.
(c) Haul or convey, backfill, grade, and revegetate in accordance with Rules 880-X-10C-.58 - 880-X-10C-.63, to achieve an ecologically sound land use compatible with the approved postmining land use for the permit area; and
(d) Haul or convey, backfill, and grade, to ensure impoundments are constructed only where --
1. It has been demonstrated to the State Regulatory Authority's satisfaction that all requirements of Rules 880-X-10C-.12 - 880-X-10C-.27 have been met; and
2. The impoundments have been approved by the State Regulatory Authority as suitable for the approved postmining land use and as meeting the requirements of this Rule and all other applicable State and Federal laws and regulations.
Author:
Randall C. Johnson
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.55 - Backfilling And Grading: Thick Overburden

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The provisions of this Rule apply only where the final thickness is greater than 1.2 of the initial thickness. Initial thickness is the sum of the overburden thickness and coal thickness prior to removal of coal. Final thickness is the product of the overburden thickness prior to removal of coal, times the bulking factor to be determined for each permit area. The provisions of this Rule apply only when surface mining activities cannot be carried out to comply with Rule 880-X-10C-.53 to achieve the approximate original contour.
(2) In surface mining activities where the volume of spoil over the permit area is demonstrated to be more than sufficient to achieve the approximate original contour, surface mining activities shall be conducted to meet, at a minimum, the following standards:
(a) Haul or convey, backfill, and grade all spoil and wastes, not required to achieve the approximate original contour of the permit area, to the lowest practicable grade, to achieve a static factor of safety of 1.3 and cover all acid-forming and other toxic-forming materials;
(b) Haul or convey, backfill, and grade excess spoil and wastes only within the permit area and dispose of such materials in accordance with Rule 880-X-10C-.36;
(c) Haul or convey, backfill, and grade excess spoil and wastes to maintain the hydrologic balance, in accordance with Rules 880-X-10C-.12 - 880-X-10C-.28 and to provide long-term stability by preventing slides, erosion and water pollution;
(d) Haul or convey, backfill, grade, and revegetate wastes and excess spoil to achieve an ecologically sound land use approved by the State Regulatory Authority as compatible with the approved postmining land use for the permit area;
(e) Eliminate all highwalls and depressions by backfilling with spoil and suitable waste materials; and
(f) Meet the revegetation requirements of Rules 880-X-10C-.58 - 880-X-10C-.63 for all disturbed areas.
Author:
Randall C. Johnson
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.56 - Backfilling And Grading: Previously Mined Areas

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Remining operations on previously mined areas that contain a preexisting highwall shall comply with the requirements of Section 880-X-10C-.53 through 880-X-10C-.55 and 880-X-10I-.04 of this chapter, except as provided in this section.
(2) The requirements of Section 880-X-10C-.53(1)(a) and (1)(b) requiring the elimination of highwalls shall not apply to remining operations where the volume of all reasonably available spoil is demonstrated in writing to the Regulatory Authority to be insufficient to completely backfill the reaffected or enlarged highwall. The highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:
(a) All spoil generated by the remining operations and any other reasonably available spoil shall be used to backfill the area. Reasonably available spoil in the immediate vicinity of the remining operation shall be included within the permit area.
(b) The backfill shall be graded to a slope which is compatible with the approved post-mining land use and which provides adequate drainage and long-term stability.
(c) Any highwall remnant shall be stable and not pose a hazard to the public health and safety or to the environment. The operator shall demonstrate, to the satisfaction of the Regulatory Authority, that the highwall remnant is stable.
(d) Spoil placed on the outslope during previous mining operations shall not be disturbed if such disturbances will cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment.
Author:
Randall C. Johnson
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.57 - Regrading Or Stabilizing Rills And Gullies

Current through Register Vol. 42, No. 9, June 28, 2024
When rills or gullies deeper than 9 inches form in areas that have been regraded and topsoiled, the rills and gullies shall be filled, graded, or otherwise stabilized and the area reseeded or replanted according to Rules 880-X-10C-.58 - 880-X-10C-.63.
The State Regulatory Authority shall specify that rills or gullies of lesser size be stabilized and the area reseeded or replanted if the rills or gullies are disruptive to the approved postmining land use or may result in additional erosion and sedimentation.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 84, 90, 92, 97.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.58 - Revegetation: General Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The permittee shall establish on regraded areas and on all other disturbed areas except water areas and surface areas of roads that are approved as part of the postmining land use, a vegetative cover that is in accordance with the approved permit and reclamation plan and that is --
(a) Diverse, effective, and permanent;
(b) Comprised of species native to the area, or of introduced species where desirable and necessary to achieve the approved postmining land use and approved by the Regulatory Authority;
(c) At least equal in extent of cover to the natural vegetation of the area; and
(d) Capable of stabilizing the soil surface from erosion.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.60 - Revegetation: Revegetation Timing and Soil Stabilization Practices

Current through Register Vol. 42, No. 9, June 28, 2024
The permittee shall plant disturbed areas during the first normal period for favorable planting conditions after replacement of the plant growth medium. The normal period for favorable planting is that planting time generally accepted locally for the type of plant materials selected.
Suitable mulch and other soil stabilizing practices shall be used on all areas that have been regraded and covered by topsoil or topsoil substitutes. However, the State Regulatory Authority may waive this requirement if seasonal, soil or slope factors result in a condition where mulch and other soil stabilizing practices are not necessary to control erosion and to promptly establish an effective vegetative cover.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 84, 90, 92, 97.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.64 - Cessation Of Operations: Temporary

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each person who conducts surface mining activities shall effectively secure surface facilities in areas in which there are no current operations, but in which operations are to be resumed under an approved permit. Temporary abandonment shall not relieve a person of their obligation to comply with any provisions of the approved permit.
(2) Before temporary cessation of mining and reclamation operations for a period of 30 days or more, or as soon as it is known that a temporary cessation will extend beyond 30 days, persons who conduct surface mining activities shall submit to the State Regulatory Authority a notice of intention to cease or abandon mining and reclamation operations. This notice shall include a statement of the exact number of acres which will have been affected in the permit area, prior to such temporary cessation, the extent and kind of reclamation of those areas which will have been accomplished, and identification of the backfilling, regrading, revegetation, environmental monitoring, and water treatment activities that will continue during the temporary cessation.
(3) Interruption of operations due to events of force, majeure, include labor strikes, shall not be considered a temporary cessation as outlined in this Rule.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 81, 82, 83, 84, 89, 90, 91, 92, 97.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.65 - Cessation Of Operations: Permanent

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Persons who cease surface mining activities permanently shall close or backfill or otherwise permanently reclaim all areas, in accordance with these regulations and the permit approved by the State Regulatory Authority.
(2) All underground openings, equipment, structures, or other facilities not required for monitorings unless approved by the State Regulatory Authority as suitable for the Postmining land use or environmental monitoring, shall be removed and the affected land reclaimed.
(3) The permittee shall notify the State Regulatory Authority of cessation of mining activity within 30 days of cessation of operations.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 84, 90, 92, 97.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.66 - Postmining Land Use

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General. All affected areas shall be restored in a timely manner --
(a) To conditions that are capable of Supporting the uses which they were capable of supporting before any mining; or
(b) To higher or better uses achievable under criteria and procedures of this Rule.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.67 - Roads: General

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Road classification system.
(a) Each road, as defined in 880-X-2A-.06, shall be classified as either a primary road or an ancillary road.
(b) A primary road is any road which is --
1. Used for transporting coal or spoil;
2. Frequently used for access or other purposes for a period in excess of six months; or
3. To be retained for an approved postmining land use.
(c) An ancillary road is any road not classified as a primary road.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.68 - Primary Roads

Current through Register Vol. 42, No. 9, June 28, 2024
Primary roads shall meet the requirements of Section 880-X-10C-.67 and the additional requirements of this section.
(1) Certification. The construction or reconstruction of primary roads shall be certified in a report to the Alabama Surface Mining Commission by a qualified registered professional engineer, with experience in the design and construction of roads. The report shall indicate that the primary road has been constructed or reconstructed as designed and in accordance with the approved plan.
(2) Safety Factor. Each primary road embankment shall have a minimum static factor of 1.3.
(3) Location.
(a) To minimize erosion, a primary road shall be located, in so far as is practicable, on the most stable available surface.
(b) Fords of perennial or intermittent streams by primary roads are prohibited unless they are specifically approved by the Alabama Surface Mining Commission as temporary routes during periods of road construction.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.72 - Other Transportation Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
Railroad loops, spurs, sidings, surface conveyor systems, chutes, aerial tramways, or other transportation facilities shall be designed, constructed or reconstructed and maintained, and the area restored to --
(a) Prevent, to the extent possible using the best technology currently available --
1. Damage to fish, wildlife, and related environmental values; and
2. Additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such contributions shall not be in excess of limitations of State and Federal laws and regulations;
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.73 - Support Facilities And Utility Installations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Support facilities required for, or used incidentally to, the operation of the mine, including, but not limited to, mine buildings, coal loading facilities at or near the mine-site, coal storage facilities, equipment-storage facilities, fan buildings, hoist buildings, preparation plants, sheds, shops, and other buildings shall be designed, constructed or reconstructed, and located to prevent or control erosion and siltation, water pollution, and damage to public or private property. Support facilities shall be designed, constructed or reconstructed, maintained, and used in a manner which prevents, to the extent possible using the best technology currently available --
(a) Damage to fish, wildlife, and related environmental values; and
(b) Additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such contributions shall not be in excess of limitations of State and Federal laws and regulations.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule sets forth the environmental, protection performance standards for underground mining activities.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 81, 82, 83, 84, 89, 90, 91, 97.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.02 - Objectives

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule is intended to ensure that all underground mining activities are conducted in a manner which preserves or enhances environmental and other values in accordance with the Act.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 81, 82, 83, 84, 89, 90, 91, 97.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.03 - Signs And Markers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Specifications. Signs and markers required under this Rule shall --
(a) Be posted and maintained, and removed by the person who conducts the underground mining operations;
(b) Be of a uniform design throughout the operation that can be easily seen and read;
(c) Be made of durable material; and
(d) Conform to local laws and regulations.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.04 - Casing And Sealing Of Exposed Underground Openings: General Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
Each exploration hole, or other drill-hole or borehole, shaft, well, or other exposed underground opening shall be cased, lined, or otherwise managed to prevent acid or other toxic drainage from entering ground and surface waters, to minimize disturbance to the prevailing hydrologic balance and to ensure the safety of people, livestock, fish and wildlife, and machinery. Each exploration hole, drill hole or borehole or well that is uncovered or exposed by mining activities within the permit area and which penetrates below the lowest coal seam to be mined under this permit shall be permanently closed, unless approved for water monitoring or otherwise managed in a manner approved by the State Regulatory Authority. Use of a drilled hole or monitoring well as a water well must meet the provisions of Rule 880-X-10D-.23 of this Rule. This Rule does not apply to holes drilled and used for blasting, in the area affected by surface operations.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 81, 82, 83, 84, 89, 90, 91, 97.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.05 - Casing And Sealing Of Underground Openings: Temporary

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each mine entry which is temporarily inactive, but has a further projected useful service under the approved permit application, shall be protected by barricades or other covering devices, fenced to prevent access into the entry and posted with signs to identify the hazardous nature of the opening.
(2) Each exploration hole, other drill hole or borehole, shaft, well, and other exposed underground opening which has been identified in the approved permit application for use in disposal of underground development waste, coal processing waste or water to underground workings, or to be used to monitor ground water conditions, shall be temporarily sealed until actual use.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 81, 82, 83, 84, 89, 90, 91, 97.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.06 - Casing And Sealing Of Underground Openings: Permanent

Current through Register Vol. 42, No. 9, June 28, 2024
When no longer needed for monitoring or other use approved by the State Regulatory Authority upon a finding of no adverse environmental or health and safety effects, or unless approved for transfer as a water well under Rule 880-X-10D-.23, each shaft, drift, adit, tunnel, exploratory hole, entryway or other opening to the surface from underground shall be capped, sealed, backfilled, or otherwise properly managed as required by the State Regulatory Authority in accordance with Rules 880-X-10D-.04 and 880-X-10D-.21 and consistent with   30 CFR 75.1771 . Permanent closure measures shall be designed to prevent access to the mine workings by people, livestock, fish and wildlife, machinery and to keep acid or other toxic drainage from entering ground or surface waters.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 81, 82, 83, 84, 89, 90, 91, 97.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.07 - Topsoil: General Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Before disturbance of areas affected by surface operations, topsoil and subsoils to be saved under Rule 880-X-10D-.08 shall be separately removed and segregated from other material.
(2) After removal, topsoil shall be immediately redistributed in accordance with Rule 880-X-10D-.10, stockpiled pending redistribution under Rule 880-X-10D-.09, or if the permittee can demonstrate that an alternative procedure will provide equal or more protection for the topsoil, the State Regulatory Authority, may on a case-by-case basis, approve an alternative.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 81, 82, 83, 84, 89, 90, 91, 97.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.08 - Topsoil: Removal

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Timing. Topsoil shall be removed from areas to be affected by surface operations or major structures, after vegetative cover that would interfere with the use of the topsoil is cleared from portions of those areas that will be disturbed, but before any drilling for blasting, mining, or other surface disturbance that would result in compaction, erosion, or contamination.
(2) Materials to be removed. All topsoil shall be removed in a separate layer from the areas to be disturbed, unless use of substitute or supplemental materials is approved by the State Regulatory Authority. If use of substitute or supplemental materials is approved, all materials to be redistributed shall be removed.
(3) Material to be removed in thin topsoil situations. If the topsoil is less than six inches, a six-inch layer that includes the A horizon and the unconsolidated materials immediately below the A horizon or the A horizon and all unconsolidated material if the total available is less than six inches, shall be removed and the mixture segregated and redistributed as the surface soil layer, unless topsoil substitutes are approved by the State Regulatory Authority pursuant to Paragraph (5) of this Rule.
(4) Subsoil segregation. The B horizon and portions of the C horizon or other underlying layers demonstrated to have qualities for comparable root development shall be segregated and replaced as subsoil, if the State Regulatory Authority determines that either of these is necessary to ensure soil productivity consistent with the approved postmining land use.
(5) Topsoil substitutes and supplements.
(a) Selected overburden materials may be substituted for, or used as supplement to, topsoil, if the permittee can demonstrate that the resulting soil medium is equal to or more suitable for sustaining the vegetation than the existing topsoil and the substitute material is the best available in the permit area to support vegetation.
(b) Substituted or supplemented material shall be removed, segregated, and replaced in compliance with the requirements for topsoil under this Rule.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.09 - Topsoil: Storage

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Topsoil and other materials removed in accordance with Rule 880-X-10D-.07 shall be stockpiled only when it is impractical to promptly redistribute such materials on regraded areas.
(2) Stockpiled materials shall be selectively placed on a stable area within the permit area, not disturbed, and protected from erosion, unnecessary compaction, and contaminants which lessen the capability of the materials to support vegetation when redistributed.
(a) Protection measures shall be accomplished either by --
1. Establishing an effective cover of nonnoxious, quick-growing annual and perennial plants;
2. Mulching; or
3. Other methods demonstrated to and approved by the State Regulatory Authority to provide equal protection.
Author:
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.10 - Topsoil: Redistribution

Current through Register Vol. 42, No. 9, June 28, 2024
(1) After final grading and before the replacement of topsoil and other materials segregated in accordance with Rule 880-X-10D-.08, regraded land shall be scarified or otherwise treated as required by the State Regulatory Authority to eliminate slippage surfaces and to promote root penetration. If the person who conducts the underground mining activities shows through appropriate tests that no harm will be caused to the topsoil and vegetation, scarification may be conducted after topsoiling, with approval of the State Regulatory Authority.
(2) Topsoil and other materials shall be redistributed in a manner that --
(a) Achieves an approximate uniform, stable thickness consistent with the postmining land uses, slopes and surface drainage system;
(b) Prevents excess compaction of the topsoil; and
(c) Protects the topsoil from erosion before and after it is seeded and planted.
Author:
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.11 - Topsoil: Nutrients And Soil Amendments

Current through Register Vol. 42, No. 9, June 28, 2024
Nutrients and soil amendments in the amounts determined by soil tests shall be applied to the redistributed surface soil layer so that it supports the postmining land use approved by the State Regulatory Authority and meets the revegetation requirements of Rules 880-X-10D-.52 - 880-X-10D-.57. All soil tests shall be performed using standard methods by a qualified laboratory.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 81, 82, 83, 84, 89, 90, 91, 97.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.13 - Hydrologic Balance: Water-Quality Standards And Effluent Limitations

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
(a) All surface drainage from the disturbed area and point source discharges from underground workings shall be passed through a sedimentation pond, a series of sedimentation ponds or other treatment facility before leaving the permit area.
(b) Other treatment facilities shall mean any chemical treatment system, such as flocculation or mechanical structures such as clarifiers that have a point source discharge and are utilized to prevent additional contributions of suspended solids to stream flow.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.14 - Diversions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General Requirements.
(a) With the approval of the Regulatory Authority, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of Section 880-X-10D-.25 for siltation structure removal, may be diverted from disturbed areas by means of temporary or permanent diversions. All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public. Diversions shall not be used to divert water into underground mines without approval of the Regulatory Authority in accordance with Section 880-X-10D-.12.
(b) The diversion and its appurtenant structures shall be designed, located, constructed, and maintained to --
(i) Be stable;
(ii) Provide protection against flooding and resultant damage to life and property;
(iii) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and
(iv) Comply with all applicable local, State and Federal laws and regulations.
(c) Temporary diversions shall be removed when no longer needed to achieve the purpose for which they were authorized. The land disturbed by the removal process shall be restored in accordance with this part. Before diversions are removed, downstream water-treatment facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement shall not relieve the operator from maintaining water-treatment facilities as otherwise required. A permanent diversion or a stream channel reclaimed after the removal of a temporary diversion shall be designed and constructed so as to restore or approximate the premining characteristics of the original stream channel including the natural riparian vegetation to promote the recovery and the enhancement of the aquatic habitat.
(d) The Regulatory Authority may specify additional design criteria for diversions to meet the requirements of this section.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.16 - Hydrologic Balance: Sediment Control Measures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to:
(a) Prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area,
(b) Meet the more stringent of applicable State or Federal effluent limitations,
(c) Minimize erosion to the extent possible.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.17 - Hydrologic Balance: Siltation Structures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Definitions. For the purposes of this Section only:
(a) (RESERVED)
(b) Disturbed area shall not include those areas --
1. In which the only underground mining activities include diversion ditches, siltation structures, or roads that are designed, constructed and maintained in accordance with this part; and
2. For which the upstream area is not otherwise disturbed by the operator.
(c) Other treatment facilities mean any chemical treatments, such as flocculation or neutralization, or mechanical structures, such as clarifiers or precipitators, that have a point source discharge and are utilized:
(1) To prevent additional contributions of dissolved or suspended soils to streamflow or runoff outside the permit area, or
(2) To comply with all applicable State and Federal water-quality laws and regulations.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.18 - Hydrologic Balance: Discharge Structures

Current through Register Vol. 42, No. 9, June 28, 2024
Discharge from sedimentation ponds, permanent and temporary impoundments, coal processing-waste dams and embankments, and diversions shall be controlled, by energy dissipaters, riprap channels, and other devices, where necessary, to reduce erosion, to prevent deepening or enlargement of stream channels, and to minimize disturbance of the hydrologic balance. Discharge structures shall be designed according to standard engineering design procedures.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 81, 82, 83, 84, 89, 90, 91, 97.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.19 - Hydrologic Balance: Acid-Forming And Toxic-Forming Materials

Current through Register Vol. 42, No. 9, June 28, 2024
Drainage from acid-forming and toxic-forming underground development waste and spoil, if any, into ground and surface water shall be avoided by --
(a) Identifying, burying, or treating, where necessary, waste and spoil which, in the judgment of the State Regulatory Authority, may be detrimental to vegetation or may adversely affect water quality, if not treated or buried;
(b) Preventing water from coming into contact with acid-forming and toxic-forming materials in accordance with Rule 880-X-10D-.50; and
(c) Burying or otherwise treating all acid-forming or toxic-forming underground development waste and spoil after they are first exposed on the mine site within a period required by the State Regulatory Authority. Temporary storage of such materials may be approved by the State Regulatory Authority upon a finding that immediate burial or treatment is not feasible and will not result in any material risk of water pollution or other environmental damage. Materials shall be stored only until burial or treatment becomes feasible. Acid-forming and toxic-forming underground development waste and spoil to be stored shall be placed on impermeable material and protected from erosion and contact with surface water.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 81, 82, 83, 84, 89, 90, 91, 97.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.21 - Hydrologic Balance: Underground Mine Entry And Access Discharges

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Surface entries and accesses to underground workings including adits and slopes, shall be located, designed, constructed, and utilized to prevent or control gravity discharge of water from the mine.
(2) Gravity discharge of water from an under ground mine, other than a drift mine subject to Paragraph (3) of this Rule may be allowed by the State Regulatory Authority, if it is demonstrated that --
(a)
1. The discharge, without treatment, satisfies the water effluent limitations of Rule 880-X-10D-.13 and all applicable State and Federal water quality standards; and
2. That discharge will result in changes in the prevailing hydrologic balance that are minimal and approved postmining land uses will not be adversely affected; or
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.22 - Hydrologic Balance: Surface And Ground Water Monitoring

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Ground water.
(a) When underground mining activities may affect groundwater systems which serve as aquifers which significantly ensure the hydrologic balance of water use either on or off permit area, ground water levels and ground water quality shall be periodically monitored. Monitoring shall include measurements and chemical analyses from a sufficient number of wells and/or springs to adequately reflect changes in ground water quantity and quality resulting from those activities. Monitoring shall be adequate to plan for modification of the underground mining activities if necessary to minimize disturbance to the prevailing hydrologic balance and shall be conducted in a manner approved by the State Regulatory Authority.
(b) Monitoring data shall be reported to the State Regulatory Authority on a schedule as determined by the State Regulatory Authority.
(c) As specified and approved by the State Regulatory Authority, the person who conducts the underground mining activities shall conduct additional hydrologic test, including drilling and aquifer tests, and the results shall be submitted to the State Regulatory Authority to demonstrate compliance with Rule 880-X-10D-.21 and this Rule.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.25 - Hydrologic Balance: Postmining Rehabilitation Or Removal Of Sedimentation Ponds, Diversions, Impoundments And Treatment Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
Before abandoning a permit area or seeking bond release, the operator shall ensure that all temporary structures are removed and reclaimed, and that all permanent sedimentation ponds, diversions, impoundments, and treatment facilities meet the requirements of this chapter for permanent structures, have been maintained properly, and meet the requirements of the approved reclamation plan for permanent structures and impoundments. The operator shall renovate such structures if necessary to meet the requirements of this chapter and to conform to the approved reclamation plan.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.26 - Hydrologic Balance: Stream Buffer Zones

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No land within 100 feet of a perennial stream or an intermittent stream shall be disturbed by underground mining activities, unless the Regulatory Authority specifically authorizes underground mining activities closer to, or through, such a stream, the Regulatory Authority may authorize such activities only upon finding that --
(a) Underground mining activities will not cause or contribute to the violation of applicable State or Federal water quality standards and will not adversely affect the water quantity and quality or other environmental resources of the stream; and
(b) If there will be a temporary or permanent stream-channel diversion, it will comply with Section 880-X-10D-.14(2).
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.27 - Coal Recovery

Current through Register Vol. 42, No. 9, June 28, 2024
Underground mining activities shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best technology currently available to maintain environmental integrity, so that reaffecting the land in the future through surface coal mining operations is minimized.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 81, 82, 83, 84, 89, 90, 91, 97.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.28 - Use of Explosives: General Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Rules 880-X-10D-.28 - 880-X-10D-.32 apply only to surface blasting activities incident to underground mining, including, but not limited to, initial rounds of slopes and shafts.
(2) Each person who conducts underground mining activities shall comply with all applicable State and Federal laws and regulations in the use of explosives.
(3) All blasting operations shall be conducted by experienced, trained, and competent persons who understand the hazards involved. Each person responsible for blasting operations shall possess a valid certification as required by Chapter 880-X-12. A Certified Blaster and at least one other person shall be present during the firing of all blasts.
(4) Blast design.
(a) An anticipated blast design shall be submitted if blasting operations will be conducted within --
1. 1,000 feet from any building used as a dwelling, public building, school, church, or community or institutional building outside the permit area; or
2. 500 feet of an active or abandoned underground mine.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.29 - Use Of Explosives: Preblasting Survey

Current through Register Vol. 42, No. 9, June 28, 2024
(1) At least 30 days before initiation of blasting, the operator shall notify, in writing, all residents or owners of dwellings or other structures located within 1/2 mile of the permit area now to request a preblasting survey.
(2) A resident or owner of a dwelling or structure within 1/2 mile of any part of the permit area may request a preblasting survey. This request shall be made, in writing, directly to the operator or to the Regulatory Authority who shall promptly notify the operator. The operator shall promptly conduct a preblasting survey of the dwelling or structure and promptly prepare a written report of the survey. An updated survey of any additions, modifications, or renovations shall be performed by the operator if requested by the resident or owner.
(3) The survey shall determine the condition of the dwelling or structure and document any preblasting damage and other physical factors that could reasonably be affected by the blasting. Assessments of structures such as pipes, cables, transmission lines, and wells and other water systems shall be limited to surface condition and readily available data. Special attention shall be given to the preblasting condition of wells and other water systems used for human, animal, or agricultural purposes and to the quantity and quality of the water.
(4) A written report of the survey shall be prepared and signed by the person who conducted the survey. The report may include recommendations of any special conditions or proposed adjustments to the blasting procedure which should be incorporated into the blasting plan to prevent damage. Copies of the report shall be provided to the person requesting the survey and to the State Regulatory Authority. If the person requesting the survey disagrees with the results of the survey, he or she may notify, in writing, both the permittee and the State Regulatory Authority of the specific areas of disagreement.
(5) Any surveys requested more than 10 days before the planned initiation of blasting shall be completed by the operator before the initiation of blasting.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 81, 82, 83, 84, 89, 90, 91, 97.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.30 - Use Of Explosives: Blasting Signs, Warnings And Access Control

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Blasting signs. Blasting signs shall meet the specification of Rule 880-X-10D-.03. The operator shall:
(a) Conspicuously place signs reading "Blasting Area" along the edge of any blasting area that comes within 100 feet of any public road right-of-way, and at the point where any other road provides access to the blasting area; and
(b) At all entrances to the permit area from public roads or highways, place conspicuous signs which state "Warning! Explosives in Use," which clearly list and describe the meaning of the audible blast warning and all-clear signals that are in use, and which explain the marking of blasting areas and charged holes awaiting firing within the permit area.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.31 - Use Of Explosives: Control Of Adverse Effects

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General requirements. Blasting shall be conducted to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel, or availability of surface or ground-water outside the permit area.
(2) Airblast.
(a) Limits.
1. Air blast shall not exceed the maximum limits listed below at the location of any dwelling, public building, school, church, or community or institutional building outside the permit area, except as provided in Rule 880-X-10D-.31(5).
Lower frequency limit of measuring Maximum level, in system, in Hz (
+
3 dB) dB
0.1 Hz or lower - flat response
1
......... 134 peak
2 Hz or lower - flat response............ 133 peak
6 Hz or lower - flat response............ 129 peak
C-weighted - slow response
1
............. 105 peak dBC.
1 Only when approved by the Regulatory Authority.
2. If necessary to prevent damage, the Regulatory Authority shall specify lower maximum allowable airblast levels than those of Paragraph 2(a)1. above for use in the vicinity of a specific blasting operation.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.32 - Use Of Explosives: Records Of Blasting Operations

Current through Register Vol. 42, No. 9, June 28, 2024
The Operator shall retain a record of all blasts for at least three years. Copies of these records shall be kept at the mine site and, upon request, made available to the Regulatory Authority and to the public for inspection. Such records shall contain the following data:
(1) Name of the operator conducting the blast.
(2) Location, date, and time of the blast.
(3) Name, signature, and certification number of the blaster conducting the blast.
(4) Identification, direction, and distance, in feet, from the nearest blast hole, to the nearest dwelling, public building, school, church, community or institutional building outside the permit area, except those described in Rule 880-X-10D-.34(5).
(5) Weather conditions, including those which may cause possible adverse blasting effects.
(6) Type of material blasted.
(7) Sketches of the blast pattern including number of holes, burden, spacing, decks, and delay pattern.
(8) Diameter and depth of holes.
(9) Types of explosives used.
(10) Total weight of explosives used per hole.
(11) The maximum weight of explosives detonated in an 8-millisecond period.
(12) Initiation system.
(13) Type and length of stemming.
(14) Mats or other protections used.
(15) Seismographic and airblast records, if required, which shall include:
(a) Type of instrument, sensitivity, and calibration or certification of annual calibration;
(b) Exact location of instrument and the date, time, and distance from the blast;
(c) Name of the person and firm taking the reading;
(d) Name of the person and firm analyzing the seismographic record;
(e) The vibration and/or airblast level recorded.