30 CFR 780.27 - What additional permitting requirements apply to proposed activities in or through ephemeral streams?

§ 780.27 What additional permitting requirements apply to proposed activities in or through ephemeral streams?

(a)Clean Water Act requirements. If the proposed permit area includes waters subject to the jurisdiction of the Clean Water Act, 33 U.S.C. 1251et seq., the regulatory authority must condition the permit to prohibit initiation of surface mining activities in or affecting those waters before you obtain all necessary authorizations, certifications, and permits under the Clean Water Act, 33 U.S.C. 1251et seq.

(b)Postmining surface drainage pattern and stream-channel configuration.

(1) If you propose to mine through an ephemeral stream, your application must include a plan to construct -

(i) A postmining surface drainage pattern that is similar to the premining surface drainage pattern, relatively stable, and in dynamic near-equilibrium; and

(ii) Postmining stream-channel configurations that are relatively stable and similar to the premining configuration of ephemeral stream channels.

(2) The regulatory authority may approve or require a postmining surface drainage pattern or stream-channel configuration that differs from the pattern or configuration otherwise required under paragraph (b)(1) of this section when the regulatory authority finds that a different pattern or configuration is necessary or appropriate to -

(i) Ensure stability;

(ii) Prevent or minimize downcutting or widening of reconstructed stream channels and control meander migration;

(iii) Promote enhancement of fish and wildlife habitat;

(iv) Accommodate any anticipated temporary or permanent increase in surface runoff as a result of mining and reclamation;

(v) Accommodate the construction of excess spoil fills, coal mine waste refuse piles, or coal mine waste impounding structures;

(vi) Replace a stream that was channelized or otherwise severely altered prior to submittal of the permit application with a more natural, relatively stable, and ecologically sound drainage pattern or stream-channel configuration; or

(vii) Reclaim a previously mined area.

(c)Streamside vegetative corridors.

(1) If you propose to mine through an ephemeral stream, your application must include a plan to establish a vegetative corridor at least 100 feet wide along each bank of the reconstructed stream channel, consistent with natural vegetation patterns.

(2) The plan submitted under paragraph (c)(1) of this section must be consistent with the requirements of § 816.56(c) of this chapter for vegetative corridors along ephemeral streams.

(3) Paragraphs (c)(1) and (2) of this section do not apply to prime farmland historically used for cropland.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 16 - CONSERVATION
U.S. Code: Title 30 - MINERAL LANDS AND MINING

Title 30 published on 2015-10-21

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 30 CFR Part 780 after this date.

  • 2016-12-20; vol. 81 # 244 - Tuesday, December 20, 2016
    1. 81 FR 93066 - Stream Protection Rule
      GPO FDSys XML | Text
      DEPARTMENT OF THE INTERIOR, Office of Surface Mining Reclamation and Enforcement
      Final rule.
      This rule is effective January 19, 2017.
      30 CFR Parts 700, 701, 773, 774, 777, 779, 780, 783, 784, 785, 800, 816, 817, 824, and 827