COAL MINING REGULATIONS TABLE OF CONTENTS AND LINKS
OUTLINE OF COAL MINING REGULATIONS
Compiled by Tim Davis, NMSU, ES470
PART ONE
GENERAL
Section
1-5 Definitions
1-11 Suspension of Rules or Regulations
1-12 Restrictions of Employee Financial Interests
1-15 Computation of Time
1-17 Exemption for Coal Extraction Incidental to
Government-financed Highway or
Other Construction
PART TWO
AREAS DESIGNATED BY ACTS OF CONGRESS
2-1 Lands Unsuitable
2-11 Areas Where Mining is Prohibited or Limited
2-12 Procedures
PART THREE
CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL
MINING OPERATIONS
3-11 Criteria for Designating Lands as Unsuitable
3-13 Land Exempt from Designation as Unsuitable for
Surface Coal Mining Operations
3-14 Exploration on Land Designated as Unsuitable for
Surface Coal Mining Operations
PART FOUR
PROCESS FOR DESIGNATING AREAS UNSUITABLE FOR COAL MINING
OPERATIONS
4-13 Procedures: Petitions
4-15 Procedures: Initial Processing, Record-keeping, and
Notification Requirements
4-17 Procedures: Hearing Requirements
4-19 Procedures: Decisions
4-21 Data base and Inventory System Requirements
4-23 Public Information
4-25 Director's Responsibility for Implementation
PART FIVE
GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS
5-11 General Requirements for Permits - Operators
5-13 Continued Operation Under Interim Permits
5-15 Continued Operation Under Federal Program Permits
5-19 Compliance with Permits
5-21 Permit Application Filing Deadlines
5-23 Permit Applications - General Requirements for
Format and Contents
5-25 Permit and Exploration Fees
5-26 Annual Report
5-27 Verification of Application
PART SIX
GENERAL REQUIREMENTS FOR COAL EXPLORATION
Click Here for General Requirements 6-10 to 6-12
6-10 General Requirements
6-11 General Requirements: Exploration of Less Than 250 Tons
6-12 General Requirements: Exploration of More Than 250 Tons
6-13 Application: Approval or Disapproval of
Exploration of More Than 250 Tons
6-14 Application: Notice and Hearing for Exploration
of More Than 250 Tons
6-15 Coal Exploration Compliance Duties
6-17 Public Availability of Information
PART SEVEN
PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL,
FINANCIAL, COMPLIANCE, AND RELATED INFORMATION
7-11 Responsibility
7-13 Identification of Interests
7-14 Compliance Information
7-15 Right of Entry and Operation Information
7-16 Relationship to Areas Designated Unsuitable
for Mining
7-17 Permit Term Information
7-18 Personal Injury and Property Damage Insurance Information
7-19 Identification of Other Licenses and Permits
7-20 Identification of Location of Public Office
for Filing of Application
7-21 Newspaper Advertisement and Proof of Publication
PART EIGHT
PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION
ON ENVIRONMENTAL RESOURCES
8-11 General Requirements
8-12 General Environmental Resources Information
8-13 Description of Hydrology and Geology
Click here for Part 8, Sections 8-14 to 8-22
8-14 Geology Description
8-15 Ground Water Information<8-16 Surface Water Information 8-17 Alternative Water Supply Information 8-18 Climatological Information 8-19 Vegetation Information 8-20 Fish and Wildlife Resources Information 8-21 Soil Resources Information 8-22 Land Use Information 8-24 Maps: General Requirements 8-25 Cross Sections, Maps and Plans 8-27 Prime Farmland Investigation PART NINE PERMIT APPLICATION MINIMUM REQUIREMENT FOR RECLAMATION AND OPERATIONS PLAN 9-11 Operation Plan: General Requirements 9-12 Operation Plan: Existing Structures 9-13 Operation Plan: Blasting 9-14 Operation Plan: Maps and Plans Click here for Part 9, Sections 9-16 to 9-29
9-15 Air Pollution Control Plan
9-16 Fish and Wildlife Plan
9-18 Reclamation Plan: General Requirements
9-21 Reclamation Plan: Protection of Hydrologic Balance
9-23 Reclamation Plan: Postmining Land Uses
9-25 Reclamation Plan: Ponds, Impoundments, Banks, Dams, and Embankments
9-27 Reclamation Plan: Surface Mining Near Underground Mining
9-29 Diversions
9-31 Protection of Public Parks and Historic Places
9-33 Relocation or Use of Public Roads
9-35 Disposal of Excess Spoil from Surface Mining Activities
9-36 Disposal of Underground Development Waste
9-37 Transportation Facilities
9-38 Return of Coal Processing Waste to Abandoned
Underground Workings
9-39 Subsidence Information and Control Plan
9-40 Support facility
PART TEN
REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING
10-13 Experimental Practices Mining
10-14 Mountaintop Removal Mining
10-15 Steep Slope Mining
10-16 Permits Incorporating Variances from Approximate
Original Contour Restoration Requirements for Steep Slope
Mining
10-17 Prime Farmlands
10-18 Variances for Delay in Contemporaneous Reclamation
Required in Combined Surface and Underground Mining Operations
10-19 Surface Coal Mining and Reclamation Operation on
Areas or Adjacent to Areas Including Alluvial Valley Floors
10-20 Augering
10-21 Coal Processing Plants or Support Facilities Not
Located Within the Permit Area of a Specified Mine
10-22 In Situ Processing Activities
PART 11
REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF
PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS
11-11 Public Notices of Filing of Permit Applications
11-12 Opportunity for Submission of Written Comments
on Permit Applications
11-13 Right to File Written Objections
11-14 Hearings and Conferences
11-15 Public Availability of Information in Permit
Applications on File with the Director
11-17 Review of Permit Applications
11-19 Criteria for Permit Approval or Denial
11-20 Improvidently issued permits: General Procedures
11-21 Criteria for Permit Approval or Denial:
Existing Structures
11-23 Permit Approval or Denial Actions
11-24 Improvidently issues permits: Rescission process
11-25 Permit Terms
11-27 Conditions of Permits: General and Right of
Entry
11-29 Conditions of Permits: Environment, Public Health,
and Safety
11-30 Conformance of Permit
11-31 Verification of Ownership or Control Application Information
11-32 Review of Ownership or Control and Violation Information
11-33 Procedures for Challenging Ownership or Control Links
Shown in AVS
11-34 Standards for Challenging Ownership or Control
Links and the Status of Violations
PART TWELVE
ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISIONS
12-10 Administrative Review by the Director
12-11 Administrative Review by the Commission
12-12 Judicial Review
12-14 Formal Review of Notices of Violation,
Cessation Orders, and Show Cause Orders by
the Director
PART THIRTEEN
PERMIT REVIEWS, REVISIONS, AND RENEWALS, AND TRANSFER, SALE
AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS
13-11 Director's Review of Outstanding Permits
13-12 Permit Revisions
13-13 Permit Renewals: General Requirements
13-14 Permit Renewals: Completed Applications
13-15 Permit Renewals: Terms
13-16 Permit Renewals: Approval or Denial
13-17 Transfer, Assignment, or Sale of Permit Rights:
General Requirements
13-18 Transfer, Assignment, or Sale of Permit Rights:
Obtaining Approval
13-19 Requirements for New Permits for Persons Succeeding
to Rights Granted Under a Permit
PART FOURTEEN
GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING
AND RECLAMATION OPERATIONS
14-10 Proposal for Bond
14-11 Requirement to File a Bond
14-12 Form of the Performance Bond
14-13 Period of Liability
14-14 Determination of Bond Amount
14-15 Adjustment of Amount
14-16 General Terms and Conditions of Bond
14-17 Bonding Requirements for Underground Coal Mines
and Long-term Coal-related Surface Facilities and Structures
14-20 Surety Bonds
14-21 Collateral Bonds
14-23 Self-bonding
14-30 Replacement of Bonds
14-40 Requirement to Release Performance Bonds
14-50 Forfeiture of Bonds
14-60 Terms and Conditions for Liability Insurance
PART FIFTEEN
PERMIT APPLICATIONS - MINIMUM REQUIREMENTS
FOR COAL MINE OPERATIONS EXCLUSIVELY UNDER RECLAMATION
15-11 General Requirements
15-12 Identification of Interests
15-13 Compliance Information
15-14 Right of Entry and Operation Information
15-15 Permit Term Information
15-16 Personal Injury and Property Damage Insurance
15-17 Identification of Other Licenses and Permits
15-18 Identification of Location of Public Office for Filing of
15-19 Newspaper Advertisement and Proof of Publication
15-20 General Environmental Resources Information
15-21 Operation Plan: Maps and Plans
15-22 Fish and Wildlife Plan
Click here for Regulations, Section 15-23 to 15-26
15-23 Reclamation Plan: General Requirements
15-24 Reclamation Plan: Protection of Hydrologic Balance
15-25 Reclamation Plan: Postmining Land Uses
15-26 Reclamation Plan: Ponds, Impoundments, Banks, Dams, and Embankments
15-27 Protection of Public Parks and Historic Places
PART 19
PERFORMANCE STANDARDS - COAL EXPLORATION
19-11 General Responsibility of Persons Conducting
19-12 Coal
19-13 Required Documents
19-15 Performance Standards for Coal Exploration
19-17 Requirement for a Permit
PART 20
PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS
20-11 Signs and Markers
20-13 Casing and Sealing of Drilled Holes:
General Requirements
20-14 Casing and Sealing of Drilled Holes and Underground
Openings: Temporary
20-15 Casing and Sealing of Drilled Holes and Underground
Openings: Permanent
20-21 Topdressing: General Requirements
20-22 Topsoil: Removal
20-23 Topdressing: Storage
20-24 Topdressing: Redistribution
20-25 Topdressing: Nutrients and Soil Amendments
Click here for detailed Part 20 Regulations
20-41 Hydrologic Balance: Regulations 20-41 through 20-59
20-42 Hydrologic Balance: Water Quality Standards
and Effluent Limitations
20-43 Hydrologic Balance: Diversions and Conveyance of
Overland Flow and Shallow Ground Water Flow
and Ephemeral Streams
20-44 Hydrologic Balance: Stream Channel Diversions
20-45 Hydrologic Balance: Sediment Control Measures
20-46 Hydrologic Balance; Sedimentation Ponds
20-47 Hydrologic Balance: Discharge Structures
20-48 Hydrologic Balance: Acid-forming and Toxic-forming Spoil
20-49 Hydrologic Balance: Permanent and Temporary Impoundments
20-50 Hydrologic Balance: Ground Water Protection
20-51 Hydrologic Balance: Protection of Ground
Water Recharge Capacity
20-52 Hydrologic Balance: Surface and Ground Water Monitoring
20-53 Hydrologic Balance: Transfer of Wells
20-54 Hydrologic Balance: Water Rights and Replacement
20-56 Hydrologic Balance: Postmining Rehabilitation of
Sedimentation Ponds, Diversions, Impoundments,
and Treatment Facilities
20-57 Hydrologic Balance: Stream Buffer Zones
20-59 Hydrologic Balance: Underground Mine Entry
and Access
20-60 Coal Recovery
20-61 Use of Explosives: General Requirements
20-62 Use of Explosives: Pre-blasting Survey
20-64 Use of Explosives: Blasting Schedule
20-65 Use of Explosives: Blasting, Signs, Warnings,
and Access Control
20-67 Use of Explosives: Control of Adverse Effects
20-68 Use of Explosives: Records of Blasting Operation
20-71 Disposal of Excess Spoil: General Requirements
20-72 Disposal of Excess Spoil: Valley Fills
20-73 Disposal of Excess Spoil: Head-of-hollow
20-74 Disposal of Excess Spoil: Durable Rock Fills
20-79 Protection of Underground Mining from Surface
Mining Activities
20-81 Coal Processing Waste Banks: General Requirements
20-82 Coal Processing Waste Banks: Site Inspection
20-83 Coal Processing Waste Banks: Water Control Measures
20-85 Coal Processing Waste Banks: Construction Requirements
20-86 Coal Processing Waste: Burning
20-87 Coal Processing Waste: Burned Waste Utilization
20-88 Coal Processing Waste: Return to Underground Workings
20-89 Disposal of Non-coal Wastes
20-91 Coal Processing Waste: Dams and Embankments:
General Requirements
20-92 Coal Processing Waste: Dams and Embankments:
Site Preparation
20-93 Coal Processing Waste: Dams and Embankments:
Design and Construction
20-95 Air Resources Protection
20-97 Protection of Fish, Wildlife and Related
20-99 Slides and Other Damage
20-100 Contemporaneous Reclamation
20-101 Backfilling and Grading: General Requirements
20-102 Backfilling and Grading: General Grading Requirements
20-103 Backfilling and Grading: Covering Coal and Acid-and
Toxic-forming Material
20-104 Backfilling and Grading: Thin Overburden
20-105 Backfilling and Grading: Thick Overburden
20-106 Regrading or Stabilizing Rills and Gullies
Click here for Part 20 Regulations Including Revegetation
20-111 Revegetation: General Requirements, Regulations 20-111 through 20-117
20-112 Revegetation: Use of Introduced Species
20-113 Revegetation: Timing
20-114 Revegetation: Mulching and Other Soil Stabilizing Practices
20-115 Revegetation: Grazing
20-116 Revegetation: Standards for Success
20-117 Revegetation: Tree and Shrub Stocking
20-121 Subsidence Control: General Requirements
20-122 Subsidence Control: Public Notice
20-124 Subsidence Control: Surface Owner Protection
20-126 Subsidence Control: Buffer Zones
20-131 Cessation of Operations: Temporary
20-132 Cessation of Operations: Permanent
20-133 Postmining Land Use
20-150 Roads: General
20-151 Primary Roads
20-180 Other Transportation Facilities
20-181 Support Facilities and Utility Installations
PART 21
SPECIAL PERFORMANCE STANDARDS - CONCURRENT SURFACE AND
UNDERGROUND MINING
21-11 Applicability
21-13 Compliance with Variance Terms
21-15 Additional Performance Standards
PART 22
SPECIAL PERFORMANCE STANDARDS - AUGER MINING
22-11 Auger Mining: Additional performance Standards
PART 23
SPECIAL PERFORMANCE STANDARDS - OPERATIONS IN ALLUVIAL
VALLEY FLOORS
23-11 Alluvial Valley Floors: Essential Hydrologic Functions
23-12 Alluvial Valley Floors: Protection of
Farming and Water Supplies
23-13 Alluvial Valley Floors: Protection of
Agricultural Uses
23-14 Alluvial Valley Floors: Monitoring
PART 24
SPECIAL PERFORMANCE STANDARDS
OPERATIONS ON PRIME FARMLAND
24-11 Prime Farmland: Special Requirements
24-12 Prime Farmland: Soil Removal
24-13 Prime Farmland: Soil Stockpiling
24-14 Prime Farmland: Soil Replacement
24-15 Prime Farmland: Revegetation
PART 25
SPECIAL PERFORMANCE STANDARDS - MOUNTAINTOP REMOVAL
25-11 Mountaintop Removal: Performance Standards. . . . 25-1
PART 26
SPECIAL PERFORMANCE STANDARDS OPERATIONS ON STEEP SLOPES
26-11 Applicability
26-12 Steep Slopes: Performance Standards
26-15 Steep Slopes: Limited Variances
26-16 Steep Slopes: Multiple Seam
PART 27
SPECIAL PERFORMANCE STANDARDS - COAL PROCESSING PLANTS AND
SUPPORT FACILITIES NOT LOCATED AT OR NEAR THE MINE SITE OR NOT
WITHIN THE PERMIT AREA FOR A MINE
27-11 Applicability
27-12 Coal Processing Plants: Performance Standards
PART 28
SPECIAL PERFORMANCE STANDARDS - IN SITU PROCESSING
28-11 In Situ Processing: Performance Standards
28-12 In Situ Processing: Monitoring
PART 29
INSPECTIONS
29-11 Inspections
29-12 Citizens' Request for Inspection
29-14 Review of Adequacy and Completeness of Inspection
29-15 Review of Decision Not to Inspect or Enforce
29-16 Availability of Records
PART 30
ENFORCEMENT
30-11 Cessation Orders
30-12 Notices of Violation
30-14 Service of Notices of Violation and Cessation Orders
30-15 Informal Hearings
PART 31
CIVIL PENALTIES
31-11 Civil Penalties: Assessment
31-13 Point System for Penalties
31-14 Determination of Amount of Penalty
31-15 Assessment of Separate Violation for Each Day
31-16 Waiver of Use of Formula to Determine Civil Penalty
31-17 Procedure for Civil Penalty Assessment
31-18 Procedure for Assessment Conference
31-19 Request for Hearing
31-20 Final Assessment and Payment of Penalty
31-21 Individual Civil Penalties
31-22 Amount of Individual Civil Penalty
31-23 Procedure for Assessment of Individual Civil Penalty
31-24 Payment of Penalty
PART 32
SMALL OPERATOR ASSISTANCE PROGRAM
32-6 Eligibility for Assistance
32-7 Filing for Assistance
32-8 Application Approval and Notice
32-9 Program Services and Data Requirements
32-10 Qualified Laboratories
32-11 Allocation of Funds
32-12 Applicant Liability
PART 33
TRAINING, EXAMINATION AND CERTIFICATION OF BLASTERS
33-11 Definition
33-12 Responsibility
33-13 Establishment of Blaster Training Program
33-14 Qualification
33-15 Certification
PART 34
GENERAL REQUIREMENTS
EXEMPTION FOR COAL EXTRACTION INCIDENTAL
TO THE EXTRACTION OF OTHER MINERALS
34-1 Scope
34-2 Definition
34-3 Application Requirements and Procedures
34-4 Contents of Applications for Exemption
34-5 Public Availability of Information
34-6 Requirements for Exemptions
34-7 Conditions of Exemption and Right of
Inspection and Entry
34-8 Stockpiling of Minerals
34-9 Revocation and Enforcement
34-10 Reporting Requirements
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