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-.08 - Topsoil: Removal

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Timing. Topsoil shall be removed after vegetative cover that would interfere with the use of the topsoil is cleared from the areas to be disturbed but before any drilling, blasting, mining, or other surface disturbance that would result in erosion, compaction 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 maybe substituted for or used as a supplement to topsoil if the person who conducts surface mining activities can demonstrate to the State Regulatory Authority that the resulting soil medium is equal to or more suitable for sustaining revegetation than the existing topsoil, and the substitute material is the best available in the permit area to support revegetation.
(b) Substituted or supplemental 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-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.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-10C-.08 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-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.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-10C-.09, 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 surface mining activities shows, through appropriate tests, and the State Regulatory Authority approves, that no harm will be caused to the topsoil and vegetation, scarification may be conducted after topsoiling.
(2) Topsoil and other materials shall be redistributed in a manner that --
(a) Achieves an approximate uniform, stable thickness consistent with the approved postmining land uses, contours, and surface water 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-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.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 approved postmining land use and meets the revegetation requirements of Rules 880-X-10C-.58 - 880-X-10C-.63. 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, 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-.12 - Hydrologic Balance Protection

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General. All surface mining and reclamation activities shall be conducted to minimize disturbance of the hydrologic balance within the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area, to assure the protection or replacement of water rights, and to support approved postmining land uses in accordance with the terms and conditions of the approved permit and the performance standards of this part. The Regulatory Authority may require additional preventative, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. Mining and reclamation practices that minimize water pollution and changes in flow shall be used in preference to water treatment.
(2) Ground-water protection. In order to protect the hydrologic balance, surface mining activities shall be conducted according to the plan approved under Section 880-X-8E-.06(1)(h) and the following:
(a) Ground-water quality shall be protected by handling earth materials and runoff in a manner that minimizes acidic, toxic, or other harmful infiltration to ground-water systems and by managing excavations and other disturbances to prevent or control the discharge of pollutants into the ground water.
(b) Ground-water quantity shall be protected by handling earth materials and runoff in a manner that will restore the approximate premining recharge capacity of the reclaimed area as a whole, excluding coal mine waste disposal areas and fills, so as to allow the movement of water to the ground-water system.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.13 - Hydrologic Balance: Water Quality Standard And Effluent Limitations

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
(a) All surface drainage from the disturbed area 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-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.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-10C-.27 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 under Section 880-X-10C-.12(9).
(b) The diversion and its appurtenant structures shall be designed, located, constructed, maintained and used 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 promptly 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 design criteria for diversions to meet the requirements of this section.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.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-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.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) Siltation structure means a sedimentation pond, a series of sedimentation ponds, or other treatment facility.
(b) Disturbed area shall not include those areas --
1. In which the only surface 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 means any chemical treatments, such as flocculation, or mechanical structures, such as clarifiers, that have a point-source discharge and that are utilized to prevent additional contribution of suspended solids to streamflow or runoff outside the permit area.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.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 dissipators, 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, 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-.19 - Hydrologic Balance: Acid-forming And Toxic-Forming Spoil

Current through Register Vol. 42, No. 9, June 28, 2024
Drainage from acid-forming and toxic-forming spoil into ground and surface water shall be avoided by --
(a) Identifying, burying, or treating where necessary, 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 spoil in accordance with Rule 880-X-10C-.54, and other measures as required by the State Regulatory Authority; and
(c) Burying or otherwise treating all acid-forming or toxic-forming spoil after it is first exposed on the mine site, within a period required by the State Regulatory Authority. Temporary storage of the spoil may be approved by the State Regulatory Authority upon finding that immediate burial or treatment is not feasible and delay 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 or toxic-forming 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, 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-.21 - Hydrologic Balance: Ground Water Protection

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Backfilled materials shall be placed so as to minimize contamination of ground water systems with acid, toxic, or otherwise harmful mine drainage, to minimize adverse effects of mining on ground water systems outside the permit area, and to support approved postmining land uses.
(2) For the purpose of controlling the effects of mine drainage, pits, cuts, and other mine excavation or disturbances shall be located, designed, constructed, and utilized in such manner as to prevent or control discharge of acid, toxic, or otherwise harmful mine drainage waters into ground water systems and to minimize adverse impacts on such ground water systems or on approved postmining land uses.
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-.22 - Hydrologic Balance: Protection Of Ground Water Recharge Capacity

Current through Register Vol. 42, No. 9, June 28, 2024
Surface mining activities shall be conducted in a manner that facilitates reclamation which will restore approximate premining recharge capacity, through restoration of the capability of the reclaimed areas as a whole, excluding coal processing waste and underground development waste disposal areas and fills, to transmit water to the ground water system. The recharge capacity shall be restored to a condition which --
(a) Supports the approved postmining land use;
(b) Minimizes disturbances to the prevailing hydrologic balance in the permit area and off site areas; and
(c) Approximates the premining conditions.
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-.23 - Hydrologic Balance: Surface And Ground Water Monitoring

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Ground water.
(a) When surface mining activities may affect the ground water systems which serve as aquifers which significantly ensure the hydrologic balance of water use on or off the 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 surface mining activities, if necessary, to minimize disturbance of 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 surface mining activities shall conduct additional hydrologic tests, including drilling, and aquifer tests and shall submit the results to the State Regulatory Authority to demonstrate compliance with Rules 880-X-10C-.21 - 880-X-10C-.23.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.25 - Hydrologic Balance: Water Rights And Replacement

Current through Register Vol. 42, No. 9, June 28, 2024
Any person who conducts surface mining activities shall replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has been affected by contamination, diminution, or interruption proximately resulting from the surface mining activities.
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-.27 - 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.
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-.28 - 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 surface mining activities, unless the Regulatory Authority specifically authorizes surface mining activities closer to, or through, such a stream. The Regulatory Authority may authorize such activities only upon finding that --
(a) Surface 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-10C-.14(2).
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.29 - Coal Recovery

Current through Register Vol. 42, No. 9, June 28, 2024
Surface mining activities shall be conducted to remove and extract all economically recoverable coal and to maximize the utilization and conservation of it, while utilizing the best appropriate 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, 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-.30 - Use Of Explosives: General Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Each person who conducts surface mining activities shall comply with all applicable State and Federal laws and regulations in the use of explosives.
(b) Blasts that use more than five pounds of explosive or blasting agent shall be conducted according to the schedule required by Rule 880-X-10C-.32.
(c) 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.
(d) Blast design.
1. An anticipated blast design shall be submitted if blasting operations will be conducted within --
(i) 1,000 feet from any building used as a dwelling, public building, school, church, or community or institutional building outside the permit area; or
(ii) 500 feet of an active or abandoned underground mine.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.31 - Use Of Explosives: Preblasting Survey

Current through Register Vol. 42, No. 9, June 28, 2024
(1) shall notify, in writing, all residents or owners of dwellings or other structures located within 1/2 mile of the permit area how 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 dwelling or structure and promptly prepare a written report of the survey. An updated survey of any additions, modification, 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 conditions 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, 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-.32 - Use Of Explosives-Blasting Schedule

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General requirements:
(a) The operator shall conduct blasting operations at times approved by the Regulatory Authority and announced in the blasting schedule. The Regulatory Authority may limit the area covered, timing, and sequence of blasting as listed in the schedule, if such limitations are necessary and reasonable in order to protect the public health and safety or welfare.
(b) All blasting shall be conducted between sunrise and sunset, unless nighttime blasting is approved by the Regulatory Authority based upon a showing by the operator that the public will be protected from adverse noise and other impacts. The Regulatory Authority may specify more restrictive time periods for blasting.
(c) Unscheduled blasts may be conducted only where public or operator health and safety so require and for emergency blasting actions. When an operator conducts an unscheduled blast, the operator, using audible signals, shall notify residents within 1/2 mile of the blasting site and document the reason for the unscheduled blast in accordance with 880-X-10C-.35(16).
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.33 - Use Of Explosives: Blasting Signs, Warning 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-10C-.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-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.34 - 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. Airblast 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-10C-.34(5).
Lower frequency limit of measuring Maximum level, system, in Hz (3 dB) in dB
O.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.
b. Monitoring.
1. The operator shall conduct periodic monitoring to ensure compliance with the airblast standards. The Regulatory Authority may require airblast measurement of any or all blasts and may specify the locations at which such measurements are taken.
2. The measuring system shall have an upper-end flat-frequency response of at least 200 Hz.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.35 - 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 3 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-10C-.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.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.36 - Disposal Of Excess Spoil

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Spoil not required to achieve the approximate original contour within the area where overburden has been removed shall be transported and placed in a controlled manner in position for concurrent compaction and in such a way to assure mass stability and to prevent mass movement. Spoil shall be placed only in bonded and approved disposal areas within a permit area. The spoil shall be placed in an excess spoil fill in a controlled manner to ensure --
(a) That the adverse effects of leachate and surface runoff from the fill on surface or ground waters will be minimized;
(b) Stability of the fill; and
(c) That the land mass designated as the disposal area is suitable for reclamation and revegetation compatible with the natural surroundings.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.37 - Protection Of Underground Mining

Current through Register Vol. 42, No. 9, June 28, 2024
No surface coal mining activities shall be conducted closer than 500 feet to any point of an active or abandoned underground mine, except to the extent that --
(1) The nature, timing, and sequence of the activities proposed to be conducted within 500 feet of an active underground mine are jointly approved by the State Regulatory Authority, MSHA, and the Alabama Department of Industrial Relations.
(2) The activities result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public.
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-.38 - Coal Mine Waste: General Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General. All coal mine waste shall be placed in new or existing disposal areas within a permit area, which are approved by the Regulatory Authority for this purpose. Coal mine waste shall be handled and conveyed and placed in a controlled manner to --
(a) Minimize adverse effects of leachate and surface-water runoff on surface and ground water quality and quantity.
(b) Ensure mass stability and prevent mass movement during and after construction;
(c) Ensure that the final disposal facility is suitable for reclamation and revegetation compatible with the natural surroundings and the approved postmining land use;
(d) Not create a public hazard; and
(e) Prevent combustion.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.40 - Coal Mine Waste: Refuse Piles

Current through Register Vol. 42, No. 9, June 28, 2024
Refuse piles shall meet the requirements of Section 880-X-10C-.38, the additional requirements of this section, and the requirements of  30 CFR 77.214 and 30 CFR 77.215.
(1) Drainage control.
(a) If the disposal area contains springs, natural or manmade water courses, or wet weather seeps, the design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the disposal facility and ensure stability.
(b) Uncontrolled surface drainage may not be diverted over the outslope of the refuse piles. Runoff from the areas above the refuse pile shall be diverted into stabilized diversion channels designed to meet the requirements of Section 880-X-10C-.14 to safely pass the runoff from a 100-year, 6-hour precipitation event. Runoff diverted from undisturbed areas need not be co-mingled with runoff from the surface of the refuse pile.
(c) Underdrains shall comply with the requirements of Section 880-X-10C-.36(7).
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.41 - Coal Mine Waste: Impounding Structures

Current through Register Vol. 42, No. 9, June 28, 2024
New and existing impounding structures constructed of coal mine waste or intended to impound coal mine waste shall meet the requirements of Section 880-X-10C-.38.
(1) Coal mine waste shall not be used for construction of impounding structures unless it has been demonstrated to the Regulatory Authority that the stability of such a structure conforms to the requirements of this part and the use of coal mine waste will not have a detrimental effect on downstream water quality or the environment due to acid seepage through the impounding structure. The stability of the structure and the potential impact of acid mine seepage through the impounding structure shall be discussed in detail in the design plan submitted to the Regulatory Authority in accordance with Section 880-X-8F-.11.
(2)
(a) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste shall be designed, constructed and maintained in accordance with Section 880-X-10C-.20(l) and (3). Such structures may not be retained permanently as part of the approved postmining land use.
(b) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste that meets the criteria of §77.216(a) of this title, shall have sufficient spillway capacity to safely pass adequate storage capacity to safely contain, or a combination of storage capacity and spillway capacity to safely control, the probable maximum precipitation of a 6-hour precipitation event, or greater event as specified by the Alabama Surface Mining Commission.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.43 - Coal Mine Waste: Burning And Burned Waste Utilization

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Coal mine waste fires shall be extinguished by the person who conducts the surface mining activities, in accordance with a plan approved by the Regulatory Authority and the Mine Safety and Health Administration. The plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the operator, and who have an understanding of the procedures to be used, shall be involved in the extinguishing operations.
(2) No burning or burned coal mine waste shall be removed from a permitted disposal area without a removal plan approved by the Regulatory Authority. Consideration shall be given to potential hazards to persons working or living in the vicinity of the structure.
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-.45 - Disposal Of Noncoal Mine Wastes

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Noncoal mine wastes including, but not limited to grease, lubricants, paints, flammable liquids, garbage, abandoned mining machinery, lumber and other combustible materials generated during mining activities shall be placed and stored in a controlled manner in a designated portion of the permit area. Placement and storage shall ensure that leachate and surface runoff do not degrade surface or ground water, that fires are prevented, and that the area remains stable and suitable for reclamation and revegetation compatible with the natural surroundings.
(2) Final disposal of noncoal mine wastes shall be in a designated disposal site in the permit area or a State-approved solid waste disposal area. Disposal sites in the permit area shall be designed and constructed to ensure that leachate and drainage from the noncoal mine waste area does not degrade surface or underground water. Wastes shall be routinely compacted and covered to prevent combustion and wind-borne waste. When the disposal is completed, a minimum of 2 feet of soil cover shall be placed over the site, slopes stabilized, and revegetation accomplished in accordance with Section 880-X-10C-.58 through 10C-.62. Operation of the disposal site shall be conducted in accordance with all local, State and Federal requirements.
(3) At no time shall any noncoal mine waste be deposited in a refuse pile or impounding structure, nor shall an excavation for a noncoal mine waste disposal site be located within 8 feet of any coal outcrop or coal storage area.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §
										9-16-71,
et
seq
.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.49 - Protection Of Fish, Wildlife, And Related Environmental Values

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The operator shall, to the extent possible using the best technology currently available, minimize disturbances and adverse impacts on fish, wildlife, and related environmental values and shall achieve enhancement of such resources where practicable.
(2) Endangered and threatened species. No surface mining activity shall be conducted which will likely jeopardize the continued existence of endangered or threatened species listed by the Secretary or which will likely result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act as amended (16 U.S.C. 1531
et
seq
.). The operator shall promptly report to the Regulatory Authority any State or Federally listed endangered or threatened species within the permit area of which the operator becomes aware. Upon notification, the Regulatory Authority shall consult with appropriate State and Federal fish and wildlife agencies and, after consultation, shall identify whether, or under what conditions, the operator may proceed.
(3) Bald and golden eagles. No surface mining activity shall be conducted in a manner which would result in the unlawful taking of a bald or golden eagle, its nest, or any of its eggs. The operator shall promptly report to the Regulatory Authority any golden or bald eagle nest within the permit area of which the operator becomes aware. Upon notification, the Regulatory Authority shall consult with the U.S. Fish and Wildlife Service and also, where appropriate, the State fish and wildlife agency and, after consultation, shall identify whether, and under what conditions, the operator may proceed.
(4) Nothing in this chapter shall authorize the taking of an endangered or threatened species or a bald or golden eagle, its nest, or any of its eggs in violation of the Endangered Species Act of 1973, as amended,  16 U.S.C. 1531
et
seq
., or the Bald Eagle Protection Act, as amended,  16 U.S.C. 666
et
seq
.
(5) Each operator shall, to the extent possible using the best technology currently available --
(a) Ensure that electric powerlines and other transmission facilities used for, or incidental to, surface mining activities on the permit area are designed and constructed to minimize electrocution hazards to raptors, except where the Regulatory Authority determines that such requirements are unnecessary;
(b) Locate and operate haul and access roads so as to avoid or minimize impacts on important fish and wildlife species or other species protected by State or Federal law;
(c) Design fences, overland conveyors, and other potential barriers to permit passage for large mammals, except where the Regulatory Authority determines that such requirements are unnecessary; and
(d) Fence, cover, or use other appropriate methods to exclude wildlife from ponds which contain hazardous concentrations of toxic-forming materials.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.50 - Slides And Other Damage

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An undisturbed natural barrier shall be provided beginning at the elevation of the lowest coal seam to be mined and extending from the outslope for such distance as may be determined by the State Regulatory Authority as is needed to assure stability. The barrier shall be retained in place to prevent slides and erosion.
(2) At any time a slide occurs which may have a potential adverse affect on public property, health, safety, or the environment, the person who conducts the surface mining activities shall notify the State Regulatory Authority by the fastest available means and comply with any remedial measures required by the State Regulatory Authority.
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-.51 - Contemporaneous Reclamation

Current through Register Vol. 42, No. 9, June 28, 2024
Reclamation efforts including, but not limited to, backfilling, grading: topsoil replacement and revegetation of all land that is disturbed by surface mining activities, shall occur as contemporaneously as practicable with mining 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-.52 - Backfilling And Grading: Timing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Contour mining. Rough backfilling and grading s shall follow coal removal by not more than 60 days or 1,500 linear feet. The State Regulatory Authority may grant additional time and/or distance for rough backfilling and grading if the permittee can demonstrate, through a written analysis under Rule 880-X-8F-.09(2)(c) that additional time is necessary.
(2) Open pit mining with thin overburden. Rough backfilling and grading shall occur in accordance with the time schedule approved by the State Regulatory Authority, on the basis of the materials submitted under Rule 880-X-8F-.09(2)(c) which shall specifically establish in stated increments the period between removal of coal and completion of backfilling and grading.
(3) Area mining. Rough backfilling and grading shall be completed within 180 days following coal removal and shall not be more than four spoil ridges behind the pit being worked, the spoil from the active pit being considered the first ridge. The State Regulatory Authority may grant additional time for rough backfilling and grading if the permittee can demonstrate, through a detailed written analysis under Rule 880-X-8F-.09(2)(c), that additional time is necessary.
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-.53 - Backfilling And Grading: General Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Disturbed areas shall be backfilled and graded to
(a) Achieve the approximate original contour, except as provided in paragraph (11) of this section;
(b) Eliminate all highwalls, spoil piles, and depressions, except as provided in paragraph (8) (small depressions) and in paragraph (11)(c) (previously mined highwalls) of this section;
(c) Achieve a postmining slope that does not exceed either the angle of repose or such lesser slope as is necessary to achieve a minimum long-term static safety factor of 1.3 and to prevent slides;
(d) Minimize erosion and water pollution both on and off the site;
(e) Support the approved postmining land use.