reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-33 - Disposal of noncoal mine wastes

Current through Vol. 41, No. 20, July 1, 2024
(a) 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.
(b) 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 Sections
				460:20-43-43,
				through
				460:20-43-46.
				Operation of the disposal site shall be conducted in accordance with all local,
				State and Federal requirements.
(c)
				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.
(d) Notwithstanding any other
				provision in these Regulations, any noncoal mine waste defined as "hazardous"
				under Section 3001 of the Resource Conservation and Recovery Act (RCRA) ( Pub.
				L. 94-580, as amended) and 40 CFR Part 261 shall be handled in accordance with
				the requirements of Subtitle C of RCRA and any implementing
				regulations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-34 - Stabilization of surface areas

Current through Vol. 41, No. 20, July 1, 2024
(a)
				All exposed surface areas shall be protected and stabilized to effectively
				control erosion and air pollution attendant to erosion.
(b) Rills and gullies, which form in areas
				that have been regraded and topsoiled and which either
(1) Disrupt the approved postmining land use
				or the reestablishment of the vegetative cover, or
(2) Cause or contribute to a violation of
				water-quality standards for receiving streams; shall be filled, regraded, or
				otherwise stabilized; topsoil shall be replaced; and the areas shall be
				reseeded or replanted.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-36 - Slides and other damage

Current through Vol. 41, No. 20, July 1, 2024
(a)
				An undisturbed natural barrier shall be provided beginning at the elevation of
				the lowest coal seam to be mined and extending from the out slope for such
				distance as may be determined by the Department as is needed to assure
				stability. The barrier shall be retained in place to prevent slides and
				erosion.
(b) 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 Department by the fastest available means and
				comply with any remedial measures required by the Department.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-37 - Contemporaneous reclamation

Current through Vol. 41, No. 20, July 1, 2024
Reclamation efforts, including but not limited to
				  backfilling, grading, topsoil replacement, and revegetation, on all land that
				  is disturbed by surface mining activities shall occur as contemporaneously as
				  practicable with mining operations, except when such mining operations are
				  conducted in accordance with a variance for concurrent surface and underground
				  mining activities issued under Section
				  460:20-33-8 of this
				  Chapter.
(1)
Timing of
				backfilling and grading.
(A)
Contour mining.
Rough backfilling and grading shall follow coal
				removal by not more than 60 days or 1,500 linear feet. The Department may grant
				additional time for rough backfilling and grading if the permittee can
				demonstrate, through a detailed written analysis under Section
				460:20-27-10(b)(3),
				that additional time is necessary.
(B)
Open pit mining with thin
				overburden.
Rough backfilling and grading shall occur in accordance with
				the time schedule approved by the Department, on the basis of the materials
				submitted under Section
				460:20-27-10(b)(3),
				which shall specifically establish in stated increments the period between
				removal of coal and completion of backfilling and grading.
(C)
Area strip 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
				Department may grant additional time for rough backfilling and grading, if the
				permittee can demonstrate, through a detailed written analysis under Section
				460:20-27-10(b)(3),
				that additional time is necessary.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-38 - Backfilling and grading: general requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
(1)
				Achieve the approximate original contour, except as provided in Subsection (k)
				of this Section;
(2) Eliminate all
				highwalls, spoil piles, and depressions, except as provided in Subsection (h)
				(small depressions) and in (k) (3) (C) (previously mined highwalls) of this
				Section;
(3) 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;
(4) Minimize
				erosion and water pollution both on and off the site; and
(5) Support the approved postmining land use.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-39 - Backfilling and grading: thin overburden

Current through Vol. 41, No. 20, July 1, 2024
(a)
Definition.
Thin overburden
				means insufficient spoil and other waste materials available from the entire
				permit area to restore the disturbed area to its approximate original contour.
				Insufficient spoil and other waste materials occur where the overburden
				thickness times the swell factor, plus the thickness of other available waste
				materials, is less than the combined thickness of the overburden and the coal
				bed prior to removing the coal, so that after backfilling and grading the
				surface configuration of the reclaimed area would not:
(1) Closely resemble the surface
				configuration of the land prior to mining; or
(2) Blend into and complement the drainage
				pattern of the surrounding terrain.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-40 - Backfilling and grading: thick overburden

Current through Vol. 41, No. 20, July 1, 2024
(a)
Definition.
Thick overburden
				means more than sufficient spoil and other waste materials available from
				entire permit area to restore the disturbed area to its approximate original
				contour. More than sufficient spoil and other waste materials occur where the
				overburden thickness times the swell factor exceeds the combined thickness of
				the overburden and coal bed prior to removing the coal, so that after
				backfilling and grading the surface configuration of the reclaimed area would
				not:
(1) Closely resemble the surface
				configuration of the land prior to mining; or
(2) Blend into and complement the drainage
				pattern of the surrounding terrain.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-41 - Backfilling and grading: previously mined areas

Current through Vol. 41, No. 20, July 1, 2024
(a) Remining operations on previously mined
				areas that contain a preexisting highwall shall comply with the requirements of
				Sections
				460:20-43-38,
				through
				460:20-43-42
				of this Chapter, except as provided in this Section.
(b) The requirements of Section
				460:20-43-38(a)
				(1) and (a) (2) 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 Department 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:
(1) All spoil generated by the
				remining operation 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.
(2) 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.
(3) 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 Department, that the
				highwall remnant is stable.
(4)
				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.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-42 - Backfilling and grading: steep slopes

Current through Vol. 41, No. 20, July 1, 2024
(a) Surface mining activities on steep slopes
				shall be conducted so as to meet the requirements of Sections
				460:20-43-38,
				through
				460:20-43-41,
				and the requirements of this Section except where mining is conducted on flat
				or gently rolling terrain with an occasional steep slope through which the
				mining proceeds and leaves a plain or predominantly flat area or where
				operations are conducted in accordance with Subchapter 51 of this
				Chapter.
(b) The following
				materials shall not be placed on the downslope:
(1) Spoil.
(2) Waste materials of any type.
(3) Debris, including that from clearing and
				grubbing.
(4) Abandoned or disabled
				equipment.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-43 - Revegetation: general requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) 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:
(1) Diverse, effective, and
				permanent;
(2) 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
				Department;
(3) At least equal in
				extent of cover to the natural vegetation of the area; and
(4) Capable of stabilizing the soil surface
				from erosion.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-44 - Revegetation: timing

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Disturbed areas shall be planted 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.
(b) Vegetation that is in accordance with the
				approved permit and reclamation plan shall be established not more than 36
				month after the disturbed areas have been retopsoiled, unless a written request
				for an extension has been submitted and approved by the Department prior to the
				expiration of the 36 month period.
(c) Extensions shall be approved solely on
				the basis of adverse climatic conditions demonstrated to the Department by the
				operator. Extensions shall be granted for no more than up to 12 months. Only
				one extension shall be approved.
Amended at 23 Ok Reg
				  3059, eff 7-27-06
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-45 - Revegetation: mulching and other soil stabilizing practices

Current through Vol. 41, No. 20, July 1, 2024
Suitable mulch and other soil stabilizing practices shall be
				  used on all areas that have been regraded and covered by topsoil or topsoil
				  substitutes. The Department 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.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-46 - Revegetation: standards for success

Current through Vol. 41, No. 20, July 1, 2024
(a) Success of revegetation shall be judged
				on the effectiveness of the vegetation for the approved postmining land use,
				the extent of cover compared to the cover occurring in natural vegetation of
				the area, and the general requirements of Section
				460:20-43-43.
(1) Standards for success and statistically
				valid sampling techniques for measuring success are identified in the Bond
				Release Guidelines published by the Department.
(2) Comparison of ground cover and
				productivity may be made on the basis of either reference areas or technical
				standards representative of unmined lands in the area. Management of references
				areas, if required for the approved postmining land use of the permit area.
				Species composition of the vegetation of the reference area and the reclaimed
				area must be comparable. Ground cover, production, or stocking shall be
				considered equal to the approved success standard (reference area of technical
				standard) when they are not less than 90 percent of the success standard. The
				sampling techniques for measuring success shall use a 90-percent statistical
				confidence interval (i.e., one-sided t-test with a 0.10 alpha error).
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-47 - Subsidence control

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				operator shall either adopt measures consistent with known technology which
				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 which
				provides for planned subsidence in a predictable and controlled manner. Nothing
				in this Subchapter shall be construed to prohibit the standard method of
				room-and-pillar mining.
(b) The
				operator shall comply with all provisions of the approved subsidence control
				plan prepared pursuant to Section
				460:20-31-13
				of this Chapter.
(c) The operator
				shall:
(1) Correct any material damage
				resulting from subsidence caused to surface lands, to the extent
				technologically and economically feasible, by restoring the land to a condition
				capable of maintaining the value and reasonably foreseeable uses which it was
				capable of supporting before subsidence; and
(2) To the extent required under applicable
				provisions of State law, either correct material damage resulting from
				subsidence caused to any structures or facilities by repairing the damage or
				compensate the owner of such structures or facilities in the full amount of the
				diminution in value resulting from the subsidence. Repair of damage includes
				rehabilitation, restoration, or replacement of damaged structures or
				facilities. Compensation may be accomplished by the purchase prior to mining of
				a non- cancelable premium-prepaid insurance policy.
(3) The operator shall report to the
				Department all instances of alleged subsidence within 30 calendar days. The
				report must be in writing. The report must identify the location of the alleged
				subsidence in relation to the underground mine workings.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-48 - Subsidence control: public notice

Current through Vol. 41, No. 20, July 1, 2024
At least 6 months prior to mining, or within that period if
				  approved by the Department, 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.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-49 - Cessation of operations: temporary

Current through Vol. 41, No. 20, July 1, 2024
(a) Each person who conducts surface mining
				activities shall effectively secure surface facilities in areas in which there
				are no current operations, but in which operations are to be resumed under an
				approved permit. To qualify for temporary cessation, additional minable coal
				must be available under a valid lease and the area of additional coal must be
				located within the boundaries of the existing permit or immediately adjacent to
				the permit and the subject of a pending revision application. Temporary
				abandonment shall not relieve a person of their obligation to comply with any
				provisions of the approved permit.
(b) Before temporary cessation of mining and
				reclamation operations for a period of thirty days or more, or as soon as it is
				known that a temporary cessation will extend beyond 30 days, persons who
				conduct surface mining activities shall submit to the Department a notice of
				intention to cease or abandon mining and reclamation operations. This notice
				shall include a statement of the exact number of acres which will have been
				affected in the permit area, prior to such temporary cessation, the extent and
				kind of reclamation of those areas which will have been accomplished, and
				identification of the backfilling, regrading, revegetation, environmental
				monitoring, and water treatment activities that will continue during the
				temporary cessation.
(c) If
				temporary cessation exceeds twelve months in duration, a notice of intention to
				continue the temporary cessation must be submitted to the Department annually
				along with a current bond recalculation, proof of notice to landowners, and
				updated information on the items included in the original notice as described
				in 460:20-43-49(b).
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-50 - Cessation of operations: permanent

Current through Vol. 41, No. 20, July 1, 2024
(a) Persons who cease surface mining
				activities permanently shall close or backfill or otherwise permanently reclaim
				all affected areas, in accordance with this Chapter and the permit approved by
				the Department.
(b) All underground
				openings, equipment, structures, or other facilities not required for
				monitoring, unless approved by the Department as suitable for the postmining
				land use or environmental monitoring, shall be removed and the affected land
				reclaimed.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-51 - Postmining land use

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
All disturbed areas shall be restored in a timely manner
				to conditions that are capable of supporting:
(1) The uses they were capable of supporting
				before any mining; or
(2) Higher or
				better uses.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-52 - Roads: general

Current through Vol. 41, No. 20, July 1, 2024
(a)
Road Classification system.
(1)
				Each road, as defined in Section
				460:20-3-5 of this
				Chapter shall be classified as either a primary road or an ancillary
				road.
(2) A primary road is any
				road which is:
(A) Used for transporting coal
				or spill;
(B) Frequently used for
				access or other purposes for a period in excess of six months; or
(C) To be retained for an approved postmining
				land use.
(3) An
				ancillary road is any road not classified as a primary road.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-53 - Primary roads

Current through Vol. 41, No. 20, July 1, 2024
Primary roads shall meet the requirements of Section
				  460:20-43-52 and
				  the additional requirements of this Section.
(1)
Certification.
The plans and
				drawings for each primary road shall be prepared by, or under the direction of,
				and certified by a qualified registered professional engineer. As built
				certifications are to be completed by a qualified registered professional
				engineer or a qualified registered professional land surveyor, with experience
				in the design and construction of roads, as meeting the requirements of this
				Chapter, current, prudent engineering practices, and any design criteria
				established by the Department. The construction or reconstruction of primary
				roads shall be certified in a report to the Department by a qualified
				registered professional engineer, or a qualified registered professional land
				surveyor 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 or meet the
				requirements established under Section
				460:20-27-20(c)
				of this Chapter.
(3)
Location.
(A) To minimize
				erosion, a primary road shall be located, insofar as is practicable, on the
				most stable available surface.
(B)
				Fords or perennial or intermittent streams by primary roads are prohibited
				unless they are specifically approved by the Department as temporary routes
				during periods of road construction.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-54 - Utility installations

Current through Vol. 41, No. 20, July 1, 2024
All surface coal mining operations shall be conducted in a
				  manner which minimizes damage, destruction, or disruption of services provided
				  by oil, gas, and water wells; oil, gas, and coal-slurry pipelines; railroads;
				  electric and telephone lines; and water and sewage lines which pass over,
				  under, or through the permit area, unless otherwise approved by the owner of
				  those facilities and the Department.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-55 - Support facilities

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Support facilities shall be operated in accordance with a permit issued for the
				mine or coal preparation operation to which it is incident or from which its
				operation results.
(b) In addition
				to the other provisions of this part, support facilities shall be located,
				maintained, and used in a manner that:
(1)
				Prevents or controls erosion and siltation, water pollution, and damage to
				public or private property; and
(2)
				To the extent possible using the best technology currently available:
(A) Minimizes damage to fish, wildlife, and
				related environmental values; and
(B) Minimizes 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 or Federal
				law.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-56 - Interpretative rules related to general performance standards

Current through Vol. 41, No. 20, July 1, 2024
The following interpretations or rules promulgated in
				  Subchapter 43 of this Chapter have been adopted by the Oklahoma Department of
				  Mines.
(1) [Reserved] and
(2) [Reserved]
(3) Interpretation of Section
				460:20-43-7
				Topsoil removal (A) Results of physical and chemical analyses of overburden and
				topsoil to demonstrate that the resulting soil medium is equal to or more
				suitable for sustaining revegetation than the available topsoil, provided that
				trials, and tests are certified by an approved laboratory in accordance with
				Section
				460:20-43-7,
				may be obtained from any one or a combination of the following sources:
(i)U. S. Department of Agriculture Soil
				Conservation Service published data based on established soil series;
(ii)U. S. Department of
				Agriculture Soil Conservation Service Technical Guides;
(iii) State agriculture agency, university,
				Tennessee Valley Authority, Bureau of Land Management or U.S. Department of
				Agriculture Forest Service published data based on soil series properties and
				behavior, or
(iv) Results of
				physical and chemical analyses, field site trials, or greenhouse tests of the
				topsoil and overburden materials (soil series) from the permit area.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 45 - Permanent Program Performance Standards: Underground Mining Activities › Section 460:20-45-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth the minimum environmental
				  protection performance standards to be adopted and implemented under regulatory
				  programs for underground mining activities.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 45 - Permanent Program Performance Standards: Underground Mining Activities › Section 460:20-45-2 - Objectives

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter is intended to ensure that all underground
				  mining activities are conducted in a manner which preserves and enhances
				  environmental and other values in accordance with the Act.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 45 - Permanent Program Performance Standards: Underground Mining Activities › Section 460:20-45-3 - Signs and markers

Current through Vol. 41, No. 20, July 1, 2024
(a)
Specifications.
Signs and markers required under this Subchapter
				shall
(1) Be posted, maintained, and removed
				by the person who conducts the underground mining activities;
(2) Be of a uniform design throughout the
				activities that can be easily seen and read;
(3) Be made of durable material;
				and
(4) Conform to local laws and
				regulations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 45 - Permanent Program Performance Standards: Underground Mining Activities › Section 460:20-45-4 - Casing and sealing of exposed underground openings: general requirements

Current through Vol. 41, No. 20, July 1, 2024
Each exploration hole, other drillhole or borehole, shaft,
				  well, or other exposed underground opening shall be cased, lined, or otherwise
				  managed as approved by the Department to prevent acid or other toxic drainage
				  from entering ground and surface waters, to minimize disturbance to the
				  prevailing hydrologic balance and to ensure the safety of people, livestock,
				  fish and wildlife, and machinery in the permit area and adjacent area. Each
				  exploration hole, drill hole or borehole or well that is uncovered or exposed
				  by mining activities within the permit area shall be permanently closed, unless
				  approved for water monitoring or otherwise managed in a manner approved by the
				  Department. Use of a drilled hole or monitoring well as a water well must meet
				  the provisions of Section
				  460:20-45-8
				  of this Subchapter. This Section does not apply to holes drilled and used for
				  blasting, in the area affected by surface operations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 45 - Permanent Program Performance Standards: Underground Mining Activities › Section 460:20-45-5 - Casing and sealing of underground openings

Current through Vol. 41, No. 20, July 1, 2024
(a) Each mine entry which is temporarily
				inactive, but has a further projected useful service under the approved permit
				application, shall be protected by barricades or other covering devices,
				fenced, and posted with signs, to prevent access into the entry and to identify
				the hazardous nature of the opening. These devices shall be periodically
				inspected and maintained in good operating condition by the person who conducts
				the underground mining activities.
(b) Each exploration hole, other drill hole
				or borehole, shaft, well, and other exposed underground opening which has been
				identified in the approved permit application for use to return underground
				development waste, coal processing waste or water to underground workings, or
				to be used to monitor ground water conditions, shall be temporarily sealed
				until actual use.
(c) When no
				longer needed for monitoring or other use approved by the Department upon a
				finding of no adverse environmental or health and safety effects, or unless
				approved for transfer as a water well under Section
				460:20-45-8(g),
				each shaft, drift, adit, tunnel, exploratory hole, entry way or other opening
				to the surface from underground shall be capped, sealed, backfilled, or
				otherwise properly managed, as required by the Department in accordance with
				Section 460:20-45-4 of this Subchapter
				and consistent with Section
				30 CFR 75.1711.
				Temporary closure measures shall be designed to prevent access to the mine
				workings by people, livestock, fish and wildlife, and machinery and to keep
				acid or other toxic drainage from entering ground or surface waters.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 45 - Permanent Program Performance Standards: Underground Mining Activities › Section 460:20-45-6 - Casing and sealing of underground openings: permanent

Current through Vol. 41, No. 20, July 1, 2024
When no longer needed for monitoring or other use approved by
				  the Department upon a finding of no adverse environmental or health and safety
				  effects, or unless approved for transfer as a water well under Section
				  460:20-45-8,
				  each shaft, drift, adit, tunnel, exploratory hole, entry way or other opening
				  to the surface from underground shall be capped, sealed, backfilled, or
				  otherwise properly managed, as required by the Department in accordance with
				  Section
				  460:20-45-4
				  of this Subchapter and consistent with Section 30 CFR 75.1711. Permanent
				  closure measures shall be designed to prevent access to the mine workings by
				  people, livestock, fish and wildlife, machinery and to keep acid or other toxic
				  drainage from entering ground or surface waters.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 45 - Permanent Program Performance Standards: Underground Mining Activities › Section 460:20-45-7 - Topsoil and subsoil

Current through Vol. 41, No. 20, July 1, 2024
(a)
Removal.
(1) All topsoil shall be
				removed as a separate layer from the area to be disturbed, and
				segregated.
(2) Where the topsoil
				is of insufficient quantity or of poor quality for sustaining vegetation, the
				materials approved by the Department in accordance with Subsection (b) of this
				Section shall be removed as a separate layer from the area to be disturbed, and
				segregated.
(3) If topsoil is less
				than 6 inches thick, the operator may remove the topsoil and the unconsolidated
				materials immediately below the topsoil and treat the mixture as
				topsoil.
(4) The Department may
				choose not to require the removal of topsoil for minor disturbances which:
(A) Occur at the site of small structures,
				such as power poles, signs, or fence lines; or
(B) Will not destroy the existing vegetation
				and will not cause erosion.
(5) Timing. All materials to be removed under
				this Section shall be removed after the vegetative cover that would interfere
				with its salvage is cleared from the area to be disturbed, but before any
				drilling, blasting, mining, or other surface disturbance takes place.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 45 - Permanent Program Performance Standards: Underground Mining Activities › Section 460:20-45-8 - Hydrologic-balance protection

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
All underground 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, and to support approved postmining land uses in
				accordance with the terms and conditions of the approved permit and the
				performance standards of this Subchapter. The Department 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.
(b)
Ground-water protection.
In
				order to protect the hydrologic balance underground mining activities shall be
				conducted according to the plan approved under Section
				460:20-31-7(g)
				of this Chapter and the following:
(1)
				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.
(2) Ground-water quantity shall be protected
				by handling earth materials and runoff in a manner that will restore
				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.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 45 - Permanent Program Performance Standards: Underground Mining Activities › Section 460:20-45-9 - Hydrologic balance: water-quality standards and effluent limitations

Current through Vol. 41, No. 20, July 1, 2024
Discharges of water from areas disturbed by underground
				  mining activities shall be made in compliance with all applicable State and
				  Federal water quality laws and regulations and with the effluent limitations
				  for coal mining promulgated by the U.S. Environmental Protection Agency set
				  forth in 40 CFR Part 434.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 45 - Permanent Program Performance Standards: Underground Mining Activities › Section 460:20-45-10 - Diversions

Current through Vol. 41, No. 20, July 1, 2024
(a)
General
				requirements.
(1) With the approval of
				the Department 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
				460:20-45-12
				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 Department in accordance with
				Section
				460:20-45-8(h).
(2) The diversion and its appurtenant
				structures shall be designed, located, constructed, and maintained to:
(A) Be stable;
(B) Provide protection against flooding and
				resultant damage to life and property;
(C) Prevent, to the extent possible using the
				best technology currently available, additional contributions of suspended
				solids to stream-flow outside the permit area; and
(D) Comply with all applicable local, State,
				and Federal laws and regulations.
(3) Temporary diversions shall be removed
				when no longer needed to achieve the purpose for which they were authorized.
				The land disturbed by the removal process shall be restored in accordance with
				this Subchapter. 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.
(4) Temporary diversions shall be constructed
				to pass safely the peak runoff from a precipitation event with a 2-year, 6-hour
				recurrence interval or a larger event as specified by the Department.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 45 - Permanent Program Performance Standards: Underground Mining Activities › Section 460:20-45-11 - Hydrologic balance: sediment control measures

Current through Vol. 41, No. 20, July 1, 2024
(a) Appropriate sediment control measures
				shall be designed, constructed, and maintained using the best technology
				currently available to:
(1) Prevent, to the
				extent possible, additional contributions of sediment to stream flow or to
				runoff outside the permit area,
(2)
				Meet the more stringent of applicable State or Federal effluent
				limitations,
(3) Minimize erosion
				to the extent possible.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 45 - Permanent Program Performance Standards: Underground Mining Activities › Section 460:20-45-12 - Hydrologic balance: siltation structures

Current through Vol. 41, No. 20, July 1, 2024
(a)
Definitions.
For the
				purposes of this Section only 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 Subchapter;
				and
(2) For which the upstream area
				is not otherwise disturbed by the operator.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 45 - Permanent Program Performance Standards: Underground Mining Activities › Section 460:20-45-13 - Hydrologic balance: discharge structures

Current through Vol. 41, No. 20, July 1, 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.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 45 - Permanent Program Performance Standards: Underground Mining Activities › Section 460:20-45-15 - Postmining rehabilitation of sedimentation ponds, diversions, impoundments, and treatment facilities

Current through Vol. 41, No. 20, July 1, 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 Chpater 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.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 45 - Permanent Program Performance Standards: Underground Mining Activities › Section 460:20-45-16 - Hydrologic balance: stream buffer zones

Current through Vol. 41, No. 20, July 1, 2024
(a) No land within 100 feet of a perennial
				stream or an intermittent stream shall be disturbed by underground mining
				activities, unless the Department specifically authorizes underground mining
				activities closer to, or through, such a stream. The Department may authorize
				such activities only upon finding that:
(1)
				Underground mining activities will not cause or contribute to the violation of
				applicable State or Federal water quality standards and will not adversely
				affect the water quantity and quality or other environmental resources of the
				stream; and
(2) If there will be a
				temporary or permanent steam-channel diversion, it will comply with Section
				460:20-45-10.