reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.33 - Disposal Of Excess Spoil And Underground Development Waste

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Spoil or underground development waste (hereafter referred to as "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 effect 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-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.34 - 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 hauled or conveyed and placed for final placement 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 landuse;
(d) Not create a public hazard; and
(e) Prevent combustion.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.36 - 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-10D-.34, the additional requirements of this section, and the requirements of  30 CFR 77.214 and 30 CFR 77.215  of this title.
(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 pile. Runoff from areas above the refuse pile and runoff from the surface of the refuse pile shall be diverted into stabilized diversion channels designed to meet the requirements of Section 880-X-10D-.14 to safely pass the runoff from a 100-year, 6-hour precipitation event. Runoff diverted from undisturbed areas need not be commingled with runoff from the surface of the refuse pile.
(c) Underdrains shall comply with the requirements of Section 880-X-10D-.33(7).
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.37 - 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-10D-.34.
(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-8I-.12.
(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-10D-.20(1) 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-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.39 - 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
, §
										9-16-91.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.41 - 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.
(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-10D-.52 through 10D-.56. 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
, §
										9-16-91.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.46 - Slides And Other Damage

Current through Register Vol. 42, No. 9, June 28, 2024
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 underground 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, 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-.47 - 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 areas affected by surface operations, 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, 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-.48 - 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 highwall, spoil piles, and depressions, except as provided in paragraph (8) (small depressions) and in paragraph (11)(b) (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; and
(e) Support the approved postmining land use.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.49 - 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-10D-.48 and 880-X-10I-.04 of this chapter, except as provided in this section.
(2) The requirements of Section 880-X-10D-.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 postmining 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-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.50 - Backfilling And Grading: Coal And Acid And Toxic-Forming Materials

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Covering or treating.
(a) A person who conducts underground mining activities shall treat, or cover with a minimum of 4 feet of the best available non-toxic and noncombustible material, all exposed coal seams remaining after mining, and all acid-forming materials, toxic-forming materials, combustible materials, or any other materials identified by the State Regulatory Authority, as exposed, used, or produced during mining.
(b) A lesser depth than the four feet provided for by (1)(a) of this Rule may be allowed by the State Regulatory Authority upon the underground miner's demonstration that revegetation and all other requirements of this Rule can be established in accordance with the postmining land use.
(c) If necessary, these materials shall be treated to neutralize toxicity, prevent water pollution, prevent sustained combustion, and minimize adverse effects on plant growth and land uses.
(d) Where necessary to protect against upward migration of salts, exposure by erosion, formation of acid or toxic seeps, to provide an adequate depth for plant growth, or otherwise to meet local conditions, the State Regulatory Authority shall specify thicker amounts of cover using non-toxic material, or special compaction and isolation from ground water contact.
(e) Acid-forming or toxic-forming material shall not be buried or stored in proximity to a drainage course so as to cause or pose a threat of water pollution.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.51 - 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-10D-.52 - 880-X-10D-.57. 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, 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-.52 - 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-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.54 - 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
, §
										9-16-91.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.56 - Revegetation: Standards For Success

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Success of Revegetation shall be judged on the effectiveness of the vegetation for the approved post-mining landuse, the extent of cover compared to the cover occurring in natural vegetation of the area, and the general requirements of Section 880-X-10D-.52.
(a) The permittee shall have the burden of demonstrating that revegetation has succeeded in meeting the standards of this subchapter. For any application for Phase III bond release, the permittee shall submit data demonstrating that the revegetation has met the standards for success contained in this Rule. Sampling techniques used shall conform to the outline in the ASMC Technical Manual #1, "Statistical Analysis and Sampling Techniques for Determining Revegetation Success on Surface Mined Lands in Alabama". Revegetation shall be deemed successful if it is demonstrated to equal the approved success standard, using a 90% statistical confidence interval (i.e., one-sided test with a 0.10 alpha error).
(b) At a minimum, vegetation parameters identified in Paragraph (2) for grazing land, pasture land, or crop land, shall equal or exceed the required success standards during the growing seasons of any two years of the responsibility period except the first. Vegetation parameters for other landuses shall equal or exceed the applicable success standards during the growing seasons of the final year of the liability periods.
(c) Herbaceous ground cover shall not be less than that required to support the approved postmining landuse.
(d) Trees and shrubs that will be used in determining the success of stocking and the adequacy of the plant arrangement shall have utility for the approved postmining landuse. Trees and shrubs counted in determining such success shall be healthy and have been in place for not less than two growing seasons. At the time of bond release, at least 80 percent of the trees and shrubs used to determine such success shall have been in place for three years. The requirements of this section apply to trees and shrubs that have been seeded or transplanted and can be met when records of woody vegetation planted show that no woody plants were planted during the last two growing seasons of the responsibility period and, if any replanting of woody plants took place during the responsibility period, the total number planted during the last 3 years of that period is less than 20 percent of the total number of woody plants required. Any replanting must be by means of transplants to allow for adequate accounting of plant stocking. This final accounting may include volunteer trees and shrubs of approved species. Volunteer trees and shrubs of approved species shall be deemed equivalent to planted specimens two years of age or older and can be counted towards success. Suckers on shrubby vegetation can be counted as volunteer plants when it is evident the shrub community is vigorous and expanding.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.58 - Subsidence Control

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Measures to prevent or minimize damage.
(a) The permittee must either adopt measures consistent with known technology that prevent subsidence from causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of surface lands or adopt mining technology that provides for planned subsidence in a predictable and controlled manner.
(b) If a permittee employs mining technology that provides for planned subsidence in a predictable and controlled manner, the permittee must take necessary and prudent measures, consistent with the mining method employed, to minimize material damage to the extent technologically and economically feasible to non-commercial buildings and occupied residential dwellings and structures related thereto except that measures required to minimize material damage to such structures are not required if:
1. The permittee has the written consent of their owners, or
2. Unless the anticipated damage would constitute a threat to health or safety, the costs of such measures exceed the anticipated costs of repair, or
3. The surface owner denies the permittee access to the surface; provided, the permittee provides proof of written notice to the surface owner of the consequences under this rule of denying access.
(c) Nothing in this part prohibits the standards method of room-and pillar mining.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.59 - Subsidence Control: Public Notice

Current through Register Vol. 42, No. 9, June 28, 2024
At least six (6) months prior to mining, or within that period if approved by the Regulatory Authority, the underground mine operator shall mail a notification to all owners and occupants of surface property and structures above the underground workings. The notification shall include, at a minimum, identification of specific areas in which mining will take place, dates that specific areas will be undermined, and the location or locations where the operator's subsidence control plan may be examined.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §
										9-16-91.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.62 - Cessation Of Operations: Temporary

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each person who conducts underground mining activities shall effectively support and maintain all surface access openings to underground operations, and secure surface facilities in areas in which there are no current operations, but operations are to be resumed under an approved permit. Temporary abandonment shall not relieve a person of his or her 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, each person who conducts underground mining activities shall submit to the State Regulatory Authority a notice of intention to cease or abandon operations. This notice shall include a statement of the exact number of surface acres and the horizontal and vertical extent of sub-surface strata which have been disturbed in the permit area prior to cessation or abandonment, the extent and kind of reclamation of surface area which will have been accomplished and identification of the backfilling, regrading, revegetation, environmental monitoring, underground opening closures and water treatment activities that will continue during the temporary cessation.
(3) Interruption of operations due to events of force majeure, including labor strikes, shall not be considered a temporary cessation as outlined in this Rule.
Author:
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-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.63 - Cessation Of Operations: Permanent

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The person who conducts underground mining activities shall close or backfill or otherwise permanently reclaim all disturbed areas, in accordance with this Rule and according to the permit approved by the State Regulatory Authority.
(2) All surface equipment, structures, or other facilities not required for continued underground mining activities and monitoring, unless approved as suitable for the postmining land use or environmental monitoring, shall be removed and the affected lands reclaimed.
(3) The permittee shall notify the State Regulatory Authority of cessation of mining activities within 30 days of cessation of 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-.64 - Postmining Land Use

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General. Surface land areas affected by mining activities shall be restored in a timely manner --
(a) To conditions that are capable of supporting the use 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-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.65 - 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 approval 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-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.66 - Primary Roads

Current through Register Vol. 42, No. 9, June 28, 2024
Primary roads shall meet the requirements of 880-X-10D-.65 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, insofar 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-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.70 - 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-10D - PERFORMANCE STANDARDS UNDERGROUND MINING ACTIVITIES › Section 880-X-10D-.71 - 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 underground mine, including, but not limited to, mine buildings, coal loading facilities at or near the mine-site, coal and 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-10E - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - CONCURRENT SURFACE AND UNDERGROUND MINING › Section 880-X-10E-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule sets forth the minimum performance standards with which each person who combines surface mining activities with underground mining activities must comply under a variance from the requirement that reclamation efforts proceed as contemporaneously as practicable for specific areas within the permit area.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 76, 80, 84, 85, 90, 91, 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10E - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - CONCURRENT SURFACE AND UNDERGROUND MINING › Section 880-X-10E-.02 - Objective

Current through Register Vol. 42, No. 9, June 28, 2024
The objective of this Rule is to ensure the maximum practicable recovery of coal resources and to avoid multiple disturbances of surface lands or waters.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 76, 80, 84, 85, 90, 91, 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10E - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - CONCURRENT SURFACE AND UNDERGROUND MINING › Section 880-X-10E-.03 - Responsibilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Regulatory Authority shall review and grant or deny requests for variances from the requirement that reclamation efforts proceed as contemporaneously as practicable in accordance with Rule 880-X-8J-.09 and this Rule.
(2) The person who conducts combined surface and underground mining activities shall comply with the provisions of this Rule.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 76, 80, 84, 85, 90, 91, 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10E - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - CONCURRENT SURFACE AND UNDERGROUND MINING › Section 880-X-10E-.04 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
A variance under this Rule applies only to those specific areas within the permit area that the person conducting combined surface and underground mining activities has shown to be necessary for implementing the proposed concurrent operations and that the State Regulatory Authority has approved in the permit under Rule 880-X-8J-.09. The variance is effective for any particular portion of the permit area only for the time necessary to facilitate the authorized underground mining activities.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 76, 80, 84, 85, 90, 91, 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10E - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - CONCURRENT SURFACE AND UNDERGROUND MINING › Section 880-X-10E-.05 - Compliance With Variance Terms

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each person who conducts operations under a variance issued under Rule 880-X-8J-.09 shall comply with all applicable requirements of this Chapter, except to the extent that --
(a) A delay in compliance with these requirements is specifically authorized by the variance issued under the permit; and
(b) The delay in compliance is necessary to achieve the purposes for which the variance was granted.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10E - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - CONCURRENT SURFACE AND UNDERGROUND MINING › Section 880-X-10E-.06 - Additional Performance Standards

Current through Register Vol. 42, No. 9, June 28, 2024
In addition to the requirements of Rules 880-X-10C and 880-X-10D, each person who conducts combined surface and underground mining activities shall comply with the following:
(a) A 500 foot barrier pillar of coal shall be maintained between the surface and underground mining activities in any one seam. The State Regulatory Authority with the concurrence of the Mine Safety and Health Administration, and the Department of Industrial Relations may, however, approve a lesser distance, after a finding by the State Regulatory Authority that mining at a lesser distance will result in --
1. Improved coal resources recovery;
2. Abatement of water pollution; or
3. Elimination of hazards to the health and safety of the public.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10F - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - AUGER MINING › Section 880-X-10F-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule sets forth environmental protection performance standards in addition to those of Rule 880-X-10C for surface mining activities involving auger mining.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 85, 90, 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10F - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - AUGER MINING › Section 880-X-10F-.02 - Objectives

Current through Register Vol. 42, No. 9, June 28, 2024
The objectives of this Rule are to --
(a) Prevent adverse environmental effects from auger mining; and
(b) Prevent any unnecessary loss of coal reserves.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 85, 90, 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10F - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - AUGER MINING › Section 880-X-10F-.03 - Auger Mining: Additional Performance Standards

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Auger mining operations shall be conducted to maximize recoverability of mineral reserves. Each person who conducts auger mining operations shall leave areas of undisturbed coal to provide access for removal of those reserves by future underground mining activities, unless the State Regulatory Authority determines that the coal reserves have been depleted or are limited in thickness or extent to the point that it will not be practicable to recover the remaining coal reserves. The State Regulatory Authority shall make such determination only upon presentation of appropriate technical evidence by the operator.
(2) No auger hole shall be made closer than 500 feet in horizontal distance to any abandoned or active underground mine workings, except as approved in accordance with Rule 880-X-10C-.37.
(3) In order to minimize disturbances of surface and ground water, each auger hole, except as provided in Paragraph (4) of this Rule, shall be sealed within 72 hours with an impervious, non-combustible material if the holes are discharging water containing acid or toxic-forming material. If sealing is not possible within 72 hours, the discharge shall be treated commencing within 72 hours after completion to meet applicable effluent limitations and water quality standards until the holes are sealed. Auger holes shall be sealed with an impervious, non-combustible material, as contemporaneously as practicable with the augering operation, as approved by the Regulatory Authority, if the holes are not discharging water containing acid or toxic-forming material.
(4) An auger hole need not be sealed if the State Regulatory Authority finds --
(a) Impoundment of the water which would result from sealing the hole may create a hazard to the environment or public health or safety; and
(b) Drainage from the auger hole will not pose a threat of pollution to surface water and will comply with the requirements of Rules 880-X-10C-.12 - 880-X-10C-.13.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10G - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLANDS › Section 880-X-10G-.01 - Scope And Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
This part sets forth special environmental protection performance and reclamation and design standards for surface coal mining and reclamation operations on prime farmlands.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 85, 90, 91, 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10G - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLANDS › Section 880-X-10G-.02 - Responsibilities

Current through Register Vol. 42, No. 9, June 28, 2024
The State Regulatory Authority shall use the specifications set by the State Conservationist for prime farmland soil removal, storage, replacement, and reconstruction to carry out its responsibilities under these rules.
Author:
Statutory Authority:
Code of Ala. 1975
, §
										9-16-71,
et
.
seq
.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10G - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLANDS › Section 880-X-10G-.03 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
The requirements of this subchapter shall not apply to:
(1) Coal preparation plants, support facilities and roads of underground mines that are actively used over extended periods of time and where such uses affect a minimal amount of land. Such uses shall meet the requirements of subchapter 10C or 10D, whichever is applicable.
(2) Disposal areas containing coal mine waste resulting from underground mines that is not technologically and economically feasible to store in underground mines or on non-prime farmland. The operator shall minimize the area of prime farmland used for such purposes.
(3) Prime farmland that has been excluded in accordance with Rule 880-X-8J-.08(1).
Author:
On December 4, 1998, the Office of Surface Mining approved this rulemaking adopted by the commission on July 16, 1998. The effective date of this rule will be January 3, 1999.
Statutory Authority:
Code of Ala. 1975
, §
										9-16-71,
et
seq
.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10G - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLANDS › Section 880-X-10G-.04 - Soil Removal And Stockpiling

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Prime farmland soil shall be removed from the area to be disturbed for drilling, blasting or mining.
(2) The minimum depth of soil and soil materials to be removed and stored for use in the reconstruction of prime farmlands shall be sufficient to meet the requirements of Rule 880-X-10G-.05(2).
(3) Soil removal and stockpiling operations on prime farmland shall be conducted to:
(a) Separately remove the topsoil or remove other suitable soil materials where such other soil materials will create a final soil having a greater productive capacity than that which existed prior to mining. If not utilized immediately, this material shall be placed in stockpiles separate from the spoil and all other excavated materials; and
(b) Separately remove the B or C horizon or other suitable soil materials to provide the thickness of suitable soil required by Rule 880-X-10G-.05(2), except as approved by the Regulatroy Authority where the B or C soil horizons would not otherwise be removed and where soil capabilities can be retained. If not utilized immediately, each horizon or other material shall be stockpiled separately from the spoil and all other excavated materials. Where combinations of such soil material created by mixing have been shown to be equally or more favorable for plant growth than the B horizon, separate handling is not necessary.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10G - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLANDS › Section 880-X-10G-.05 - Soil Replacement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Prime farmland soil shall be reconstructed to meet the specifications established by the U.S. Soil Conservation Service for the State of Alabama. Including at a minimum the specified physical and chemical characteristics of the reconstructed soil and soil horizon depths, soil densities, soil pH and other specifications such that the reconstructed soil will have the capability of achieving levels of yield equal to or higher than those of non-mined prime farmland in the surrounding areas.
(2) The minimum depth of soil and substitute soil material to be reconstructed shall be 48 inches, or a lesser depth equal to the depth to a subsurface horizon in the natural soil that inhibits or prevents root penetration, or a greater depth if determined necessary to restore the original soil productive capacity. Soil horizon shall be considered as inhibiting or preventing root penetration if their physical or chemical properties or water supplying capacities cause them to restrict or prevent penetration by roots of plants common to the vicinity of the permit area and if these properties or capacities have little or no beneficial effect on soil productive capacity.
(3) The operator shall replace and regrade the soil horizons or the root zone material with proper compaction and uniform depth.
(4) The operator shall replace the B horizon, C horizon or other suitable materials specified in Section 880-X-10G-.04 to the thickness needed to meet the requirements of paragraph (2) of this Rule. In those areas where the B or C horizons were not removed but may have been compacted or otherwise damaged during the mining operation, the operator shall engage in deep tilling or other appropriate means to restore premining capabilities.
(5) The operator shall replace the topsoil or other suitable soil material specified in Rule 880-X-10G-.04(3)(a) as the final soil surface layer. This surface soil layer shall equal or exceed the thickness of the original surface soil layer as determined by the soil survey.
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-10G - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLANDS › Section 880-X-10G-.06 - Revegetation And Restoration Of Soil Productivity

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Following prime farmland soil replacement, the soil surface shall be stabilized with vegetative cover or other means that effectively control soil loss by wind and water erosion.
(2) Prime farmland soil productivity shall be restored in accordance with the following provisions:
(a) Measurement of soil productivity shall be initiated within ten years after completion of soil replacement.
(b) Soil productivity shall be measured on a representative sample or on all of the mined and reclaimed prime farmland area, using the reference crop determined under paragraph (2)(f) of this section. A statistically valid sampling technique at a 90% or greater statistical confidence level shall be used as approved by the State Regulatory Authority in consultation with the State Soil Conservation in the permit review process.
(c) The measurement period for determining average annual crop production (yield) shall be a minimum of three crop years prior to release of the operator's performance bond.
(d) The level of management applied during the measurement period shall be the same as the level of management used on non-mined prime farmland in the surrounding area.
(e) Restoration of soil productivity shall be considered achieved when the average yield during the measurement period equals or exceeds the average yield of the reference crop established for the same period for non-mined soils of the same or similar texture or slope phase of the soil series in the surrounding area under equivalent management practices.
(f) The reference crop on which restoration of soil productivity is proven shall be selected from the crops most commonly produced on the surrounding prime farmlands. Where row crops are the dominant crops grown on prime farmland in the area, the row crop requiring the greatest rooting depth shall be chosen as one of the reference crops.
(g) Reference crop yields for a given crop season are to be determined from:
1. The current yield records of representative local farms in the surrounding area, with the concurrence of the State Conservationist, or
2. The average County yield recognized by the U.S. Department of Agriculture, which have been adjusted by the U.S. Soil Conservation Service for local yield variation within the County that is associated with differences between non-mined prime farmland soil and all other soils that produce the reference crop.
(h) Under either procedure in paragraph 2(g) of this Rule, the average reference crop yield may be adjusted, with the concurrence of the State Conservationist, for:
1. Disease, pest and weather induced seasonal variation; or
2. Differences in specific management practices where the overall management practices of the crops being compared are equivalent.
Author:
Randall C. Johnson
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10H - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - MOUNTAINTOP REMOVAL › Section 880-X-10H-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule sets forth special environmental protection performance, reclamation, and design standards for surface coal mining activities constituting mountaintop removal mining.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 84, 85, 90, 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10H - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - MOUNTAINTOP REMOVAL › Section 880-X-10H-.02 - Objectives

Current through Register Vol. 42, No. 9, June 28, 2024
The objectives of this Rule are to --
(a) Enhance coal recovery;
(b) Reclaim the land to equal or higher postmining use; and
(c) Protect and enhance environmental and other values protected under the Act and these regulations.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 84, 85, 90, 92.