16 Tex. Admin. Code § 12.3 - Definitions
The following words and terms, when used in this Chapter (relating to Coal Mining Regulations), shall have the following meanings unless the context clearly indicates otherwise:
(1) Acid drainage--Water with a pH of less
than 6.0 and in which total acidity exceeds total alkalinity, discharged from
an active, inactive or abandoned surface coal mine and reclamation operation or
from an area affected by surface coal mining and reclamation
operations.
(2) Acid-forming
materials--Earth materials that contain sulfide minerals or other materials
which, if exposed to air, water, or weathering processes, form acids that may
create acid drainage.
(3) Act or
State Act--The "Texas Surface Coal Mining and Reclamation Act" (Texas Natural
Resources Code, Chapter 134).
(4)
Adjacent area--Land located outside the affected area or permit area, depending
on the context in which adjacent area is used, where air, surface or ground
water, fish, wildlife, vegetation or other resources protected by the Act may
be adversely impacted by surface coal mining and reclamation
operations.
(5) Administratively
complete application--An application for permit approval or approval for coal
exploration where required, which the Commission determines to contain
information addressing each application requirement of the regulatory program
and to contain all information necessary to initiate processing and public
review.
(6) Affected area--Any land
or water surface which is used to facilitate, or which is physically altered by
surface coal mining and reclamation operations. Affected area includes the
disturbed area; any area upon which surface coal mining and reclamation
operations are conducted; any adjacent lands the use of which is incidental to
surface coal mining and reclamation operations; all areas covered by new or
existing roads used to gain access to, or for hauling coal to or from surface
coal mining and reclamation operations; any area covered by surface
excavations, workings, impoundments, dams, ventilation shafts, entryways,
refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks,
tailings, holes or depressions, repair areas, storage areas, shipping areas;
any areas which contain sited structures, facilities, or other property
material on the surface resulting from, or incident to, surface coal mining and
reclamation operations; and the area located above underground
workings.
(7) Agricultural
activities--With respect to alluvial valley floors, the use of any tract of
land for the production of animal or vegetable life, where the use is enhanced
or facilitated by subirrigation or flood irrigation associated with alluvial
valley floors. These uses include, but are not limited to, the pasturing,
grazing or watering of livestock, and the cropping, cultivation or harvesting
of plants whose production is aided by the availability of water from
subirrigation or flood irrigation. Those uses do not include agricultural
practices which do not benefit from the availability of water from
subirrigation or flood irrigation.
(8) Agricultural use--The use of any tract of
land for the production of animal or vegetable life. The uses include, but are
not limited to, the pasturing, grazing, and watering of livestock, and the
cropping, cultivation, and harvesting of plants.
(9) Airblast--An airborne shock wave
resulting from the detonation of explosives and which may or may not be
audible.
(10) Alluvial valley
floors--The unconsolidated stream-laid deposits holding streams with water
availability sufficient for subirrigation or flood irrigation agricultural
activities but does not include upland areas which are generally overlain by a
thin veneer of colluvial deposits composed chiefly of debris from sheet
erosion, deposits formed by unconcentrated runoff or slope wash, together with
talus, or other mass-movement accumulations, and windblown deposits.
(11) Anthracite--Coal classified as
anthracite in the American Society for Testing and Materials (ASTM) Standard D
388-77. Coal classifications are published by the ASTM under the title,
"Standard Specification for Classification of Coals by Rank", ASTM D 388-77.
This ASTM Standard is on file and available for inspection at the Office of the
Surface Mining and Reclamation Division, Railroad Commission of Texas, 1701
North Congress Avenue, Austin, Texas.
(12) APA--The "Administrative Procedure Act"
(Texas Government Code, Chapter 2001).
(13) Applicant--Any person seeking a permit,
permit revision, renewal, and transfer, assignment, or sale of permit rights
from the Commission to conduct surface or underground coal mining and
reclamation operations pursuant to the Act. With respect to Subchapter G of
this chapter (relating to Surface Coal Mining and Reclamation Operations
Permits and Coal Exploration Procedures Systems), this term includes a person
who seeks to obtain exploration approval or a permit under that subchapter and
the regulatory program. With respect to Subchapter M of this chapter (relating
to Training), this term includes a person who submits an application to the
Commission to request blaster training, examination or certification.
(14) Applicant/Violator System or AVS--An
automated information system of applicant, permittee, operator, violation and
related data that the Office maintains to assist in implementing the Federal
Act.
(15) Application--The
documents and other information filed with the Commission under this chapter
(relating to Coal Mining Regulations) for the issuance of permits; revisions;
renewals; and transfers, assignment, or sale of permit rights for surface coal
mining and reclamation operations or, where required, for coal exploration.
With respect to Subchapter M of this chapter, this term includes a request
submitted to the Commission on a prescribed form, and including any required
fee and any applicable supporting evidence or other attachments.
(16) Approximate original contour--That
surface configuration achieved by backfilling and grading of the mined areas so
that the reclaimed area, including any terracing or access roads, closely
resembles the general surface configuration of the land prior to mining and
blends into and complements the drainage pattern of the surrounding terrain,
with all highwalls, spoil piles and coal refuse piles eliminated. Permanent
water impoundments may be permitted where the Commission has determined that
they comply with §134.092(a)(8) of the Act.
(17) Aquifer--A zone, stratum, or group of
strata that can store and transmit water in sufficient quantities for a
specific use.
(18) Arid or semiarid
area--In the context of alluvial valley floors, an area west of the 100th
meridian west longitude, experiencing water deficits, where water use by native
vegetation equals or exceeds that supplied by precipitation. As an example, the
Eagle Pass field in Texas is in an arid or semiarid area.
(19) Auger mining--A method of mining coal at
a cliff or highwall by drilling holes into an exposed coal seam from the
highwall and transporting the coal along an auger bit to the surface.
(20) Best Technology Currently Available
(BTCA)--Equipment, devices, systems, methods, or techniques which will:
(A) prevent, to the extent possible,
additional contributions of suspended solids to stream flow or runoff outside
the permit area, but in no event result in contributions of suspended solids in
excess of requirements set by applicable state or federal laws; and
(B) minimize, to the extent possible,
disturbances and adverse impacts on fish, wildlife and related environmental
values, and achieve enhancement of those resources where practicable. The term
includes equipment, devices, systems, methods, or techniques which are
currently available anywhere as determined by the Commission, even if they are
not in routine use. The term includes, but is not limited to, construction
practices, siting requirements, vegetative selection and planting requirements,
animal stocking requirements, scheduling of activities and design of
sedimentation ponds in accordance with §§12.330 - 12.403 and 12.500 -
12.572 of this title (relating to Permanent Program Performance
Standards--Surface Mining Activities, and to Permanent Program Performance
Standards--Underground Mining Activities). The Commission shall have the
discretion to determine the best technology currently available on a
case-by-case basis, as authorized by the Act and this
chapter.
(21) Blaster--A
person who is directly responsible for the use of explosives.
(22) Blaster certification--To issue to an
applicant a Commission Blaster Certificate.
(23) Blasthole--A hole drilled for the
placement of explosives in rock or other material to be blasted.
(24) Blasting crew--Persons whose function is
to load explosive charges and assist blasters in the use of
explosives.
(25) Cemetery--Any area
of land where human bodies are interred.
(26) Certificate issuance--To grant to an
applicant his or her first Commission blaster certificate.
(27) Certificate reissuance--To grant to an
applicant, who has had a Commission blaster certificate that expired or was
revoked, a subsequent certificate for which additional training and examination
are required.
(28) Certificate
renewal--To grant to an applicant, who holds a Commission blaster certificate
that is currently valid and not expired or revoked, a subsequent certificate
for which training and examination are not required.
(29) Certificate replacement--To grant to an
applicant, who holds a Commission blaster certificate that is currently valid
and not expired, suspended, or revoked, a duplicate certificate as a substitute
for one that was lost or destroyed.
(30) Certified blaster--A person who has met
the qualifications of Subchapter M of this chapter and who has been issued a
Commission blaster certificate that is currently valid and not expired,
suspended, or revoked.
(31)
CFR--The federal Code of Federal Regulations.
(32) Close of public comment period--The
close of a public hearing on a surface mining permit application. When no
public hearing is held, this time shall be 30 days after the last publication
of the newspaper notice required by §
12.207(a) of
this title (relating to Public Notices of Filing of Permit
Applications).
(33)
Coal--Combustible carbonaceous rock, classified as anthracite, bituminous,
subbituminous, or lignite by ASTM Standard D 388-77.
(34) Coal exploration--The field gathering
of:
(A) Surface or subsurface geologic,
physical, or chemical data by mapping, trenching, drilling, geophysical, or
other techniques necessary to determine the quality and quantity of overburden
and coal of an area; or
(B) The
gathering of environmental data to establish the conditions of an area before
beginning surface coal mining and reclamation operations under the requirements
of this chapter.
(35)
Coal exploration operation--The substantial disturbance of the surface or
subsurface for the purpose of coal exploration.
(36) Coal mine waste--Coal processing waste
and underground development waste.
(37) Coal mining operation--The business of
developing, producing, preparing or loading bituminous coal, subbituminous
coal, anthracite, or lignite, or of reclaiming the areas upon which such
activities occur.
(38) Coal
preparation--Chemical or physical processing and the cleaning, concentrating,
or other processing or preparation of coal.
(39) Coal processing plant or coal
preparation plant--A facility where coal is subjected to chemical or physical
processing or cleaning, concentrating, or other processing or preparation. It
includes facilities associated with coal preparation activities, including, but
not limited to, the following: loading facilities; storage and stockpile
facilities; sheds, shops and other buildings; water treatment and water storage
facilities; settling basins and impoundments; coal processing and other waste
disposal areas; and, roads, railroads and other transport facilities. It does
not include facilities operated by the final consumer of the coal, such as an
electricity generating power plant, when, in the opinion of the Commission, the
primary purpose of the facilities is to make the coal ready for conversion into
a different energy form and the facilities are located at or near the
electricity generating plant or other point of final consumption away from the
mine site and outside of the approved mine permit area.
(40) Coal processing waste--Earth materials
which are separated and wasted from the product coal during cleaning,
concentrating, or other processing or preparation of coal.
(41) Combustible material--Organic material
that is capable of burning, either by fire or through oxidation, accompanied by
the evolution of heat and a significant temperature rise.
(42) Commission--The Railroad Commission of
Texas.
(43) Commission Blaster
Certificate--A certificate issued by the Commission to a person determined to
be qualified under §§
12.700-
12.710 of this title (relating to
Training, Examination, and Certification of Blasters) to be directly
responsible for the use of explosives in mining operations regulated by the
Commission.
(44) Commissioner--One
of the elected or appointed members of the decision making body defined as the
Commission.
(45) Community or
institutional building--Any structure, other than a public building or an
occupied dwelling, which is used primarily for meetings, gatherings or
functions of local civic organizations or other community groups; functions as
an educational, cultural, historic, religious, scientific, correctional,
mental-health or physical health care facility; or is used for public services,
including, but not limited to, water supply, power generation or sewage
treatment.
(46)
Compaction--Increasing the density of a material by reducing the voids between
the particles and is generally accomplished by controlled placement and
mechanical effort such as from repeated application of wheel, track, or roller
loads from heavy equipment.
(47)
Complete and accurate application--An application for permit approval or
approval for coal exploration where required, which the Commission determines
to contain all information required under the Act, this chapter, and the
regulatory program that is necessary to make a decision on permit
issuance.
(48) Control or
controller--
(A) a permittee of a surface
coal mining operation;
(B) an
operator of a surface coal mining operation; or
(C) any person who has the ability to
determine the manner in which a surface coal mining operation is
conducted.
(49)
Cropland--Land used for the production of adapted crops for harvest, alone or
in a rotation with grasses and legumes, and includes row crops, small grain
crops, hay crops, nursery crops, orchard crops, and other similar specialty
crops, but does not include quick cover crops grown primarily for erosion
control.
(50) Cumulative impact
area--The area, including the permit area, within which impacts resulting from
the proposed operation may interact with the impacts of all anticipated mining
on surface-water and ground-water systems. Anticipated mining shall include, at
a minimum, the entire projected lives through bond release of:
(A) the proposed operation;
(B) all existing operations;
(C) any operation for which a permit
application has been submitted to the Commission; and
(D) all operations required to meet diligent
development requirements for leased federal coal for which there is actual mine
development information available.
(51) Cumulative measurement period--As used
in §§
12.25-
12.33 of this title (relating to
Exemption for Coal Extraction Incidental to the Extraction of Other Minerals),
the period of time over which both cumulative production and cumulative revenue
are measured.
(A) For purposes of determining
the beginning of the cumulative measurement period, subject to Commission
approval, the operator must select and consistently use one of the following:
(i) for mining areas where coal or other
minerals were extracted prior to August 3, 1977, the date extraction of coal or
other minerals commenced at that mining area or August 3, 1977; or
(ii) for mining areas where extraction of
coal or other minerals commenced on or after August 3, 1977, the date
extraction of coal or other minerals commenced at that mining area, whichever
is earlier.
(B) For
annual reporting purposes pursuant to §
12.33 of this title (relating to
Reporting Requirements), the end of the period for which cumulative production
and revenue is calculated is either:
(52) Cumulative production--As used in
§§
12.25-
12.33 of this title, the total
tonnage of coal or other minerals extracted from a mining area during the
cumulative measurement period. The inclusion of stockpiled coal and other
mineral tonnages in this total is governed by §
12.31 of this title (relating to
Stockpiling of Minerals).
(53)
Cumulative revenue--As used in §§
12.25-
12.33 of this title, the total
revenue derived from the sale of coal or other minerals and the fair market
value of coal or other minerals transferred or used, but not sold, during the
cumulative measurement period.
(54)
Department--The U.S. Department of the Interior.
(55) Direct financial interest--Ownership or
part ownership by an employee of lands, stocks, bonds, debentures, warrants,
partnership shares, or other holdings and also means any other arrangement
where the employee may benefit from his or her holding in or salary from coal
mining operations. Direct financial interests include employment, pensions,
creditor, real property and other financial relationships.
(56) Director--The Director or Acting
Director, Office of Surface Mining Reclamation and Enforcement, U.S. Department
of the Interior, or the Director's representative.
(57) Disturbed area--An area where
vegetation, topsoil, or overburden is removed or upon which topsoil, spoil,
coal processing waste, underground development waste, or noncoal waste is
placed by surface coal mining operations. Those areas are classified as
disturbed until reclamation is complete and the performance bond or other
assurance of performance required by Subchapter J of this chapter (relating to
Bond and Insurance Requirements for Surface Coal Mining and Reclamation
Operations) is released.
(58)
Diversion--A channel, embankment, or other manmade structure constructed to
divert water from one area to another.
(59) Division--The Surface Mining and
Reclamation Division of the Railroad Commission of Texas.
(60) Downslope--The land surface between the
projected outcrop of the lowest coal bed being mined along each highwall and a
valley floor.
(61) Embankment--An
artificial deposit of material that is raised above the natural surface of the
land and used to contain, divert, or store water, support roads or railways, or
for other similar purposes.
(62)
Employee--Shall include:
(A) any person
employed by the Commission who performs any function or duty under the Act,
including the Commissioners; and
(B) Advisory board or Commission members and
consultants who perform any function or duty under the Act, if they perform
decision making functions for the Commission under the authority of state law
or regulations. However, members of advisory boards or commissions established
in accordance with state law or regulations to represent multiple interests are
not considered to be employees.
(63) Ephemeral stream--A stream which flows
only in direct response to precipitation in the immediate watershed or in
response to the melting of a cover of snow and ice, and which has a channel
bottom that is always above the local water table.
(64) Essential hydrologic functions--The role
of an alluvial valley floor in collecting, storing, regulating, and making the
natural flow of surface or ground water, or both, usefully available for
agricultural activities by reason of the valley floor's topographic position,
the landscape and the physical properties of its underlying materials. A
combination of these functions provides a water supply during extended periods
of low precipitation.
(A) The role of the
valley floor in collecting water includes accumulating runoff and discharge
from aquifers in sufficient amounts to make the water available at the alluvial
valley floor greater than the amount available from direct
precipitation.
(B) The role of the
alluvial valley floor in storing water involves limiting the rate of discharge
of surface water, holding moisture in soils, and holding ground water in porous
materials.
(C) The role of the
alluvial valley floor in regulating:
(i) the
natural flow of surface water results from the characteristic configuration of
the channel flood plain and adjacent low terraces; and
(ii) the natural flow of ground water results
from the properties of the aquifers which control inflow and
outflow.
(D) The role of
the alluvial valley floor in making water usefully available for agricultural
activities results from the existence of flood plains and terraces where
surface and ground water can be provided in sufficient quantities to support
the growth of agriculturally useful plants, from the presence of earth
materials suitable for the growth of agriculturally useful plants, from the
temporal and physical distribution of water making it accessible to plants
throughout the critical phases of the growth cycle either by flood irrigation
or by subirrigation, from the natural control of alluvial valley floors in
limiting destructive extremes of stream discharge, and from the erosional
stability of earth materials suitable for the growth of agriculturally useful
plants.
(65) Existing
structure--A structure or facility used in connection with or to facilitate
surface coal mining and reclamation operations for which construction began
prior to approval of the state program.
(66) Experimental practice--The use of
alternative surface coal mining and reclamation operation practices for
experimental or research purposes.
(67) Explosives--Any chemical compound,
mixture, or device by whose decomposition or combustion gas is generated with
such rapidity that it can be used for blasting.
(68) Extraction of coal as an incidental
part--The extraction of coal which is necessary to enable the construction to
be accomplished. For purposes of §
12.21 and §
12.22 of this title (relating to
Applicability, and to Information to be Maintained On Site), only that coal
extracted from within the right-of-way, in the case of a road, railroad,
utility line or other such construction, or within the boundaries of the area
directly affected by other types of government-financed construction, may be
considered incidental to that construction. Extraction of coal outside the
right-of-way or boundary of the area directly affected by the construction
shall be subject to the requirements of the Act and this chapter.
(69) Federal Act--The "Surface Mining Control
and Reclamation Act of 1977" (Pub. L. 95-87).
(70) Federal lands--Any land, including
mineral interests, owned by the United States, without regard to how the United
States acquired ownership of the lands or which agency manages the lands. It
does not include Indian lands.
(71)
Federal lands program--A program established by the Secretary, pursuant to
Section 523 of the Federal Act, to regulate surface coal mining and reclamation
operations on federal lands.
(72)
Flood irrigation--With respect to alluvial valley floors, supplying water to
plants by natural overflow or the diversion of flows, so that the irrigated
surface is largely covered by a sheet of water.
(73) Flyrock--Rock or other blasted material
that is propelled from a blast through the air or along the ground.
(74) Fragile lands--Areas containing natural,
ecologic, scientific or esthetic resources that could be significantly damaged
by surface coal mining operations. Examples of fragile lands include valuable
habitats for fish or wildlife, critical habitats for endangered or threatened
species of animals or plants, uncommon geologic formations, paleontological
sites, National Natural Landmarks, areas where mining may result in flooding,
environmental corridors containing a concentration of ecologic and esthetic
features, and areas of recreational value due to high environmental
quality.
(75) Fugitive dust--That
particulate matter not emitted from a duct or stack which becomes airborne due
to the forces of wind or surface coal mining and reclamation operations or
both. During surface coal mining and reclamation operations, it may include
emissions from haul roads; wind erosion of exposed surfaces, storage piles, and
spoil piles; reclamation operations; and other activities in which material is
either removed, stored, transported, or redistributed.
(76) Fund--The Abandoned Mine Reclamation
Fund established pursuant to Section 401 of the Federal Act.
(77) General area--With respect to hydrology,
the topographic and ground-water basin surrounding a permit area which is of
sufficient size, including areal extent and depth, to include one or more
watersheds containing perennial streams and ground-water zones and to allow
assessment of the probable cumulative impacts on the quality and quantity of
surface- and ground-water systems in the basins.
(78) Government financing agency--A federal,
state, county, municipal, or local unit of government, or a department, bureau,
agency or office of the unit which, directly or through another unit of
government, finances construction.
(79) Government-financed
construction--Construction funded 50% or more by funds appropriated from a
government financing agency's budget or obtained from general revenue bonds,
but shall not mean government financing agency guarantees, insurance, loans,
funds obtained through industrial revenue bonds or their equivalent, or in-kind
payments.
(80) Ground cover--The
area of ground covered by the combined aerial parts of vegetation and the
litter that is produced naturally onsite, expressed as a percentage of the
total area of measurement.
(81)
Ground water--Subsurface water that fills available openings in rock or soil
materials to the extent that they are considered water saturated.
(82) Half-shrub--A perennial plant with a
woody base whose annually produced stems die back each year.
(83) Head-of-hollow fill--A fill structure
consisting of any material, other than coal processing waste and organic
material, placed in the uppermost reaches of a hollow where side slopes of the
existing hollow measured at the steepest point are greater than 20 degrees or
the average slope of the profile of the hollow from the toe of the fill to the
top of the fill is greater than 10 degrees. In fills with less than 250,000
cubic yards of material, associated with contour mining, the top surface of the
fill will be at the elevation of the coal seam. In all other head-of-hollow
fills, the top surface of the fill, when completed, is at approximately the
same elevation as the adjacent ridge line, and no significant area of natural
drainage occurs above the fill draining into the fill area.
(84) Highwall--The face of exposed overburden
and coal in an open cut of a surface coal mining activity or for entry to
underground mining activities.
(85)
Historically used for cropland--Refers to:
(A) lands that have been used for cropland
for any 5 years or more out of the 10 years immediately preceding the
acquisition, including purchase, lease, or option, of the land for the purpose
of conducting or allowing through resale, lease or option the conduct of
surface coal mining and reclamation operations;
(B) lands that the Commission determines, on
the basis of additional cropland history of the surrounding lands and the lands
under consideration, that the permit area is clearly cropland but falls outside
the specific 5-years-in-10 criterion, in which case the regulations for prime
farmland may be applied to include more years of cropland history only to
increase the prime farmland acreage to be preserved; or
(C) lands that would likely have been used as
cropland for any 5 out of the last 10 years, immediately preceding such
acquisition but for some fact of ownership or control of the land unrelated to
the productivity of the land.
(86) Historic lands--Historic, cultural, or
scientific resources. Examples of historic lands include archeological sites,
National Historic Landmarks, properties listed on or eligible for listing on a
state or National Register of Historic Places, properties having religious or
cultural significance to Native Americans or religious groups, and properties
for which historic designation is pending.
(87) Hydrologic balance--The relationship
between the quality and quantity of water inflow to, water outflow from, and
water storage in a hydrologic unit such as a drainage basin, aquifer, soil
zone, lake, or reservoir. It encompasses the dynamic relationships among
precipitation, runoff, evaporation, and changes in ground and surface water
storage.
(88) Hydrologic
regime--The entire state of water movement in a given area. It is a function of
the climate and includes the phenomena by which water first occurs as
atmospheric water vapor, passes into a liquid or solid form, falls as
precipitation, moves along or into the ground surface, and returns to the
atmosphere as vapor by means of evaporation and transpiration.
(89) Imminent danger to the health and safety
of the public--The existence of any condition or practice, or any violation of
a permit or other requirements of the Act in a surface coal mining and
reclamation operation, which condition, practice, or violation could reasonably
be expected to cause substantial physical harm to persons outside the permit
area before such condition, practice, or violation can be abated. A reasonable
expectation of death or serious injury before abatement exists if a rational
person, subjected to the same condition or practices giving rise to the peril,
would not expose that person to the danger during the time necessary for
abatement.
(90) Impoundment--A
closed basin, naturally formed or artificially built, which is dammed or
excavated for the retention of water, sediment, or waste.
(91) Indian lands--All lands, including
mineral interests, within the exterior boundaries of any federal Indian
reservation, notwithstanding the issuance of any patent, and including
rights-of-way, and all lands including mineral interests held in trust for or
supervised by an Indian tribe.
(92)
Indian tribe--Any Indian tribe, band, group, or community having a governing
body recognized by the Secretary.
(93) Indirect financial interest--The same
financial relationships as for direct ownership, but where the employee reaps
the benefits of such interests, including interests held by his or her spouse,
minor child and other relatives, including in-laws, residing in the employee's
home. The employee will not be deemed to have an indirect financial interest if
there is no relationship between the employee's functions or duties and the
coal mining operation in which the spouse, minor children or other resident
relatives hold a financial interest.
(94) In situ processes--Activities conducted
on the surface or underground in connection with in-place distillation,
retorting, leaching, or other chemical or physical processing of coal. The term
includes, but is not limited to, in situ gasification, in situ leaching, slurry
mining, solution mining, borehole mining, and fluid recovery mining.
(95) Intermittent stream--A stream or reach
of a stream that:
(A) drains a watershed of
at least one square mile; or
(B) is
below the local water table for at least some part of the year, and obtains its
flow from both surface runoff and ground-water discharge.
(96) Irreparable damage to the
environment--Any damage to the environment that cannot be or has not been
corrected by actions of the applicant.
(97) Knowing or knowingly--With respect to
§§
12.696-
12.699 of this title (relating to
Individual Civil Penalties), that a person who authorized, ordered, or carried
out an act or omission knew or had reason to know that the act or omission
would result in either a violation or a failure to abate or correct a
violation.
(98) Lands eligible for
remining--Previously mined areas that would otherwise be eligible for
expenditures under §134.142 of the Act.
(99) Land use--Specific uses or
management-related activities, rather than the vegetation or cover of the land.
Land uses may be identified in combination when joint or seasonal uses occur.
Changes of land use or uses from one of the following categories to another
shall be considered as a change to an alternative land use which is subject to
approval by the Commission.
(A) Cropland.
Land used for the production of adapted crops for harvest, alone or in a
rotation with grasses and legumes, and includes row crops, small grain crops,
hay crops, nursery crops, orchard crops, and other similar specialty crops.
Land used for facilities in support of cropland farming operations which is
adjacent to or an integral part of these operations is also included for
purposes of these land use categories.
(B) Pastureland or land occasionally cut for
hay. Land used primarily for the long-term production of adapted, domesticated
forage plants to be grazed by livestock or occasionally cut and cured for
livestock feed. Land used for facilities in support of pastureland or land
occasionally cut for hay which is adjacent to or an integral part of these
operations is also included.
(C)
Grazingland. Includes both grasslands and forest lands where the indigenous
vegetation is actively managed for grazing, browsing, or occasional hay
production. Land used for facilities in support of ranching operations which
are adjacent to or an integral part of these operations is also
included.
(D) Forestry. Land used
or managed for the long-term production of wood, wood fiber, or wood derived
products. Land used for facilities in support of forest harvest and management
operations which is adjacent to or an integral part of these operations is also
included.
(E) Residential. Includes
single- and multiple-family housing, mobile home parks, and other residential
lodgings. Land used for facilities in support of residential operations which
is adjacent to or an integral part of these operations is also included.
Support facilities include, but are not limited to, vehicle parking and open
space that directly relate to the residential use.
(F) Industrial/Commercial. Land used for:
(i) extraction or transformation of materials
for fabrication of products, wholesaling of products, or for long-term storage
of products. This includes all heavy and light manufacturing facilities, such
as lumber and wood processing, chemical manufacturing, petroleum refining, and
fabricated metal products manufacturing. Land used for facilities in support of
these operations which is adjacent to or an integral part of that operation is
also included. Support facilities include, but are not limited to, all rail,
road, and other transportation facilities; or
(ii) retail or trade of goods or services,
including hotels, motels, stores, restaurants, and other commercial
establishments. Land used for facilities in support of commercial operations
which is adjacent to or an integral part of these operations is also included.
Support facilities include, but are not limited to, parking, storage or
shipping facilities.
(G)
Recreation. Land used for public or private leisure-time use, including
developed recreation facilities such as parks, camps, and amusement areas, as
well as areas for less intensive uses such as hiking, canoeing, and other
undeveloped recreational uses.
(H)
Fish and wildlife habitat. Land dedicated wholly or partially to the
production, protection or management of species of fish or wildlife.
(I) Developed water resources. Includes land
used for storing water for beneficial uses, such as stockponds, irrigation,
fire protection, flood control, and water supply.
(J) Undeveloped land or no current use or
land management. Land that is undeveloped or, if previously developed, land
that has been allowed to return naturally to an undeveloped state or has been
allowed to return to forest through natural succession.
(100) Materially damage the quantity or
quality of water--With respect to alluvial valley floors, changes in the
quality or quantity of the water supply to any portion of an alluvial valley
floor where such changes are caused by surface coal mining and reclamation
operations and result in changes that significantly and adversely affect the
composition, diversity, or productivity of vegetation dependent on
subirrigation, or which result in changes that would limit the adequacy of the
water for flood irrigation of the irrigable land acreage existing prior to
mining.
(101) Mining area--As used
in §§
12.25-
12.33 of this title, an individual
excavation site or pit from which coal, other minerals, and overburden are
removed.
(102) Moist bulk
density--The weight of soil (oven dry) per unit volume. Volume is measured when
the soil is at field moisture capacity (1/3 bar moisture tension). Weight is
determined after drying the soil at 105 degrees C.
(103) Monitoring--The collection of
environmental data by either continuous or periodic sampling methods.
(104) Mulch--Vegetation residues or other
suitable materials that aid in soil stabilization and soil moisture
conservation, thus providing micro-climatic conditions suitable for germination
and growth.
(105) Natural hazard
lands--Geographic areas in which natural conditions exist which pose or, as a
result of surface coal mining operations, may pose a threat to the health,
safety or welfare of people, property or the environment, including areas
subject to landslides, cave-ins, large or encroaching sand dunes, severe wind
or soil erosion, frequent flooding, avalanches and areas of unstable
geology.
(106) Noxious
plants--Species that have been included on official Texas list of noxious
plants.
(107) Occupied
dwelling--Any building that is currently being used on a regular or temporary
basis for human habitation.
(108)
Office--The Office of Surface Mining Reclamation and Enforcement, within the
U.S. Department of the Interior, established under Title II of the Federal
Act.
(109) Operator--Any person
engaged in coal mining who removes or intends to remove more than 250 tons of
coal from the earth or from coal refuse piles by mining within 12 consecutive
calendar months in any one location.
(110) Other minerals--As used in §§
12.25-
12.33 of this title, any
commercially valuable substance mined for its mineral value, excluding coal,
topsoil, waste, and fill material.
(111) Other treatment facility--Any chemical
treatments, such as flocculation or neutralization, or mechanical structures,
such as clarifiers or precipitators, that have a point source discharge and are
utilized:
(A) to prevent additional
contributions of dissolved or suspended solids to streamflow or runoff outside
the permit area; or
(B) to comply
with all applicable state and federal water-quality laws and
regulations.
(112)
Outslope--The face of the spoil or embankment sloping downward from the highest
elevation to the toe.
(113)
Overburden--Material of any nature, consolidated or unconsolidated, that
overlies a coal deposit, excluding topsoil.
(114) Own, owner, or ownership--A sole
proprietor or owner of record in excess of 50 percent of the voting securities
or other instruments of ownership of an entity. Does not apply in context of
ownership of real property.
(115)
Owner of record or ownership interest of record--The owner and address as shown
in the tax records of the Texas Assessor-Collector of taxes for the county
where the property is located.
(116) Perennial stream--A stream or part of a
stream that flows continuously during all of the calendar year as a result of
ground-water discharge or surface runoff. The term does not include
intermittent stream or ephemeral stream.
(117) Performance bond--A surety bond,
collateral bond or self-bond or a combination thereof, by which a permittee
assures faithful performance of all the requirements of the Act, this chapter,
and the requirements of the permit and reclamation plan.
(118) Performing any function or duty under
this Act--Those decisions or actions, which if performed or not performed by an
employee, affect the programs under the Act.
(119) Permanent diversion--A diversion
remaining after surface coal mining and reclamation operations are completed
which has been approved for retention by the Commission and other appropriate
state and federal agencies.
(120)
Permanent impoundment--An impoundment which is approved by the Commission and,
if required, by other state and federal agencies for retention as part of the
postmining land use.
(121)
Permit--A permit to conduct surface coal mining and reclamation operations
issued by the Commission.
(122)
Permit area--The area of land and water indicated on the map submitted by the
operator with the application, as approved by the Commission, which area shall
be covered by the operator's bond as required by §§134.121 - 134.127
of the Act and shall be readily identifiable by appropriate markers on the
site. This area shall include, at a minimum, all areas which are or will be
affected by the surface coal mining and reclamation operations during the term
of the permit.
(123) Permittee--A
person holding or required by the Act or this chapter to hold a permit to
conduct surface or underground coal mining and reclamation operations issued by
the Commission.
(124) Person--An
individual, partnership, society, joint stock company, firm, company,
corporation, business organization, governmental agency, or any organization or
association of citizens.
(125)
Person having an interest which is or may be adversely affected or person with
a valid legal interest--Shall include any person:
(A) who uses any resources of economic,
recreational, esthetic, or environmental value that may be adversely affected
by coal exploration or surface coal mining and reclamation operations or any
related action of the Commission; or
(B) whose property is or may be adversely
affected by coal exploration or surface coal mining and reclamation operations
or any related action of the Commission.
(126) Precipitation event--A quantity of
water resulting from drizzle, rain, snow, sleet, or hail in a limited period of
time. It may be expressed in terms of recurrence interval. As used in these
regulations, precipitation event also includes that quantity of water emanating
from snow cover as snowmelt in a limited period of time.
(127) Previously mined area--Land affected by
surface coal mining operations prior to August 3, 1977, that has not been
reclaimed to the standards of this Chapter.
(128) Prime farmland--Those lands which are
defined by the Secretary of Agriculture in 7 CFR 657 and which have been
historically used for cropland.
(129) Principal shareholder--Any person who
is the record or beneficial owner of 10% or more of any class of voting
stock.
(130) Probable cumulative
impacts--The expected total qualitative, and quantitative, direct and indirect
effects of mining and reclamation activities on the hydrologic
regime.
(131) Probable hydrologic
consequences--The projected result of proposed surface coal mining and
reclamation operations which may reasonably be expected to change the quantity
or quality of the surface- or ground-water flow, timing and pattern; the
stream-channel conditions; and the aquatic habitat on the permit area and other
affected areas.
(132) Professional
engineer--A person who is duly licensed by the Texas Board of Professional
Engineers and Land Surveyors to engage in the practice of engineering in this
state.
(133) Professional
geoscientist--A person who is duly licensed by the Texas Board of Professional
Geoscientists to engage in the practice of geoscience in this state.
(134) Professional specialist--A person whose
training, experience, and professional certification or licensing are
acceptable to the Commission for the limited purpose of performing certain
specified duties under this chapter.
(135) Prohibited financial interest--Any
direct or indirect financial interest in any coal mining operation.
(136) Property to be mined--Both the surface
estates and mineral estates within the permit area and the area covered by
underground workings.
(137) Public
building--Any structure that is owned or leased, and principally used by a
governmental agency for public business or meetings.
(138) Publicly-owned park--A public park that
is owned by a federal, state or local governmental entity.
(139) Public office--A facility under the
direction and control of a governmental entity which is open to public access
on a regular basis during reasonable business hours.
(140) Public park--An area or portion of an
area dedicated or designated by any federal, state, or local agency primarily
for public recreational use, whether or not such use is limited to certain
times or days, including any land leased, reserved, or held open to the public
because of that use.
(141) Public
road--Any thoroughfare open to the public for passage of vehicles.
(142) Qualified jurisdiction--A state or
federal mining regulatory authority that has a blaster certification program
approved by the U.S. Department of the Interior, Office of Surface Mining
Reclamation and Enforcement, in accordance with the Federal Act.
(143) Qualified laboratory--A designated
public agency, private firm, institution, or analytical laboratory that can
provide the required determination of probable hydrologic consequences or
statement of results of test borings or core samplings or other services as
specified at §
12.236 and §
12.240 of this title (relating to
Program Services, and Data Requirements), and that meets the standards of
§
12.241 of this title (relating to
Qualified Laboratories).
(144)
Rangeland--Land on which the natural potential (climax) plant cover is
principally native grasses, forbs, and shrubs valuable for forage. This land
includes natural grass lands and savannahs, such as prairies, and juniper
savannahs, such as brushlands. Except for brush control, management is
primarily achieved by regulating the intensity of grazing and season of
use.
(145) Recharge capacity--The
ability of the soils and underlying materials to allow precipitation and runoff
to infiltrate and reach the zone of saturation.
(146) Reciprocity--The conditional
recognition by the Commission of a blaster certificate issued by another
qualified jurisdiction.
(147)
Reclamation--Those actions taken to restore mined land as required by this
chapter to a postmining land use approved by the Commission.
(148) Recurrence interval--The interval of
time in which a precipitation event is expected to occur once, on the average.
For example, the 10-year, 24-hour precipitation event would be that 24-hour
precipitation event expected to occur on the average once in 10
years.
(149) Reference area--A land
unit maintained under appropriate management for the purpose of measuring
vegetation ground cover, productivity and plant species diversity that are
produced naturally or by crop production methods approved by the Commission.
Reference areas must be representative of geology, soil, slope, and vegetation
in the permit area.
(150) Regional
Director--A Regional Director of the Office or a Regional Director's
representative.
(151)
Remining--Surface coal mining and reclamation operations that affect previously
mined areas.
(152) Renewable
resource lands--Aquifers and areas for the recharge of aquifers and other
underground waters, areas for agricultural or silvicultural production of food
and fiber, and grazing lands. With respect to Subchapter F of this chapter
(relating to Lands Unsuitable for Mining), geographic areas which contribute
significantly to the long-range productivity of water supply or of food or
fiber products, such lands to include aquifers and aquifer recharge
areas.
(153) Replacement of water
supply--With respect to protected water supplies contaminated, diminished, or
interrupted by coal mining operations, provision of water supply on both a
temporary and permanent basis equivalent to premining quantity and quality.
Replacement includes provision of an equivalent water-delivery system and
payment of operation and maintenance costs in excess of customary and
reasonable delivery costs for premining water supplies.
(A) Upon agreement by the permittee and the
water-supply owner, the obligation to pay such operation and maintenance costs
may be satisfied by a one-time payment in an amount which covers the present
worth of the increased annual operation and maintenance costs for a period
agreed to by the permittee and the water-supply owner.
(B) If the affected water supply was not
needed for the land use in existence at the time of loss, contamination, or
diminution, and if the supply is not needed to achieve the postmining land use,
replacement requirements may be satisfied by demonstrating that a suitable
alternative water source is available and could feasibly be developed. If the
latter approach is selected, written concurrence must be obtained from the
water-supply owner.
(154)
Road--A surface right-of-way for purposes of travel by land vehicles used in
surface coal mining and reclamation operations or coal exploration. A road
consists of the entire area within the right-of-way, including the roadbed,
shoulders, parking and side areas, approaches, structures, ditches, and
surface. The term includes access and haulroads constructed, used,
reconstructed, improved, or maintained for use in surface coal mining and
reclamation operations or coal exploration, including use by coal-hauling
vehicles to and from transfer, processing, or storage areas. The term does not
include ramps and routes of travel within the immediate mining area or within
spoil or coal mine waste disposal areas.
(155) Safety factor--The ratio of the
available shear strength to the developed shear stress, or the ratio of the sum
of the resisting forces to the sum of the loading or driving forces, as
determined by accepted engineering practices.
(156) Secretary--The Secretary of the U.S.
Department of the Interior, or the Secretary's representative.
(157) Sedimentation pond--A primary sediment
control structure designed, constructed and maintained in accordance with
§
12.344 or §
12.514 of this title (relating to
Hydrologic Balance: Siltation Structures) and including but not limited to a
barrier, dam, or excavated depression which slows down water runoff to allow
sediment to settle out. A sedimentation pond shall not include secondary
sedimentation control structures, such as straw dikes, riprap, check dams,
mulches, dugouts and other measures that reduce overland flow velocity, reduce
runoff volume or trap sediment to the extent that such secondary sedimentation
structures drain to a sedimentation pond.
(158) Significant forest cover--An existing
plant community consisting predominantly of trees and other woody
vegetation.
(159) Significant,
imminent environmental harm to land, air or water resources--Determined in the
following context:
(A) An environmental harm
is an adverse impact on land, air, or water resources, which resources include,
but are not limited to, plant and animal life.
(B) An environmental harm is imminent, if a
condition, practice, or violation exists which:
(i) is causing such harm; or
(ii) may reasonably be expected to cause such
harm at any time before the end of the reasonable abatement time that would be
set under §134.162 of the Act.
(C) An environmental harm is significant if
that harm is appreciable and not immediately reparable.
(160) Significant recreational, timber,
economic, or other values incompatible with surface coal mining
operations--Those significant values which could be damaged by, and are not
capable of existing together with, surface coal mining operations because of
the undesirable effects mining would have on those values, either on the area
included in the permit application or on other affected areas. Those values to
be evaluated for their significance include:
(A) recreation, including hiking, boating,
camping, skiing or other related outdoor activities;
(B) timber management and
silviculture;
(C) agriculture,
aquaculture or production of other natural, processed or manufactured products
which enter commerce; and
(D)
scenic, historic, archaeologic, esthetic, fish, wildlife, plants or cultural
interests.
(161)
Siltation structure--A sedimentation pond, a series of sedimentation ponds, or
other treatment facility.
(162)
Slope--Average inclination of a surface, measured from the horizontal,
generally expressed as the ratio of a unit of horizontal distance to a given
number of units of vertical distance (e.g., 5h:1v). It may also be expressed as
a percent or in degrees.
(163) Soil
horizons--Contrasting layers of soil parallel or nearly parallel to the land
surface. Soil horizons are differentiated on the basis of field characteristics
and laboratory data. The four master soil horizons are:
(A) A horizon. The uppermost mineral layer,
often called the surface soil. It is the part of the soil in which organic
matter is most abundant, and leaching of soluble or suspended particles is
typically the greatest;
(B) E
horizon. The layer commonly near the surface below an A horizon and above a B
horizon. An E horizon is most commonly differentiated from an overlying A
horizon by lighter color and generally has measurably less organic matter than
the A horizon. An E horizon is most commonly differentiated from an underlying
B horizon in the same sequum by color of higher value or lower chroma, by
coarser texture, or by a combination of these properties;
(C) B horizon. The layer that typically is
immediately beneath the E horizon and often called the subsoil. This middle
layer commonly contains more clay, iron, or aluminum than the A, E, or C
horizons; and
(D) C horizon. The
deepest layer of soil profile. It consists of loose material or weathered rock
that is relatively unaffected by biologic activity.
(164) Soil survey--A field and other
investigation, resulting in a map showing the geographic distribution of
different kinds of soils and an accompanying report that describes, classifies,
and interprets such soils for use. Soil surveys must meet the standards of the
National Cooperative Soil Survey.
(165) Spoil--Overburden that has been removed
during surface coal mining operations.
(166) Stabilize--To control movement of soil,
spoil piles, or areas of disturbed earth by modifying the geometry of the mass,
or by otherwise modifying physical or chemical properties, such as by providing
a protective surface coating.
(167)
Steep slope--Any slope of more than 20 degrees or such lesser slope as may be
designated by the Commission after consideration of soil, climate, and other
characteristics of a region or state.
(168) Subirrigation--With respect to alluvial
valley floors, the supplying of water to plants from underneath or from a
semi-saturated or saturated subsurface zone where water is available for use by
vegetation. Subirrigation may be identified by:
(A) diurnal fluctuation of the water table,
due to the differences in nighttime and daytime evapotranspiration
rates;
(B) increasing soil moisture
from a portion of the root zone down to the saturated zone, due to capillary
action;
(C) mottling of the soils
in the root zones;
(D) existence of
an important part of the root zone within the capillary fringe or water table
of an alluvial aquifer; or
(E) an
increase in streamflow or a rise in ground-water levels, shortly after the
first killing frost on the valley floor.
(169) Substantial legal and financial
commitments in a surface coal mining operation--Significant investments that
have been made on the basis of a long-term coal contract in power plants,
railroads, coal-handling, preparation, extraction or storage facilities and
other capital-intensive activities. An example would be an existing mine, not
actually producing coal, but in a substantial stage of development prior to
production. Costs of acquiring the coal in place or the right to mine it
without an existing mine, as described in the above example, alone are not
sufficient to constitute substantial legal and financial commitments.
(170) Substantially disturb--For purposes of
coal exploration, to significantly impact land, air or water resources by such
activities as blasting; mechanical excavation; drilling or altering coal or
water exploratory holes or wells; removal of vegetation, topsoil, or
overburden; construction of roads or other access routes; placement of
structures, excavated earth, or waste material on the natural surface of land;
or by other such activities; or to remove more than 250 tons of coal.
(171) Successor in interest--Any person who
succeeds to rights granted under a permit, by transfer, assignment, or sale of
those rights.
(172) Surface coal
mining and reclamation operations--Surface coal mining operations and all
activities necessary or incidental to the reclamation of such operations. This
term includes the term surface coal mining operations.
(173) Surface coal mining
operations--Includes:
(A) activities
conducted on the surface of lands in connection with a surface coal mine or,
subject to the requirements of §134.015 of the Act, surface operations and
surface impacts incident to an underground coal mine, the products of which
enter or the operations of which directly or indirectly affect interstate
commerce. Such activities include excavation for the purpose of obtaining coal,
including such common methods as contour, strip, auger, mountaintop removal,
box cut, open pit, and area mining; the use of explosives and blasting; in situ
distillation or retorting; leaching or other chemical or physical processing;
the cleaning, concentrating, or other processing or preparation of coal; and
the loading of coal for interstate commerce at or near the mine-site. Provided,
however, that such activities do not include the extraction of coal incidental
to the extraction of other minerals, where coal does not exceed 16 2/3% of the
tonnage of minerals removed annually from all sites operated by a person on
contiguous tracts of land for purposes of commercial use or sale, or coal
exploration subject to §134.014 and §134.031(d) of the Act; and
provided further, that excavation for the purpose of obtaining coal includes
extraction of coal from coal refuse piles; and
(B) areas upon which the activities described
in subparagraph (A) of this definition occur or where such activities disturb
the natural land surface. Such areas shall also include any adjacent land the
use of which is incidental to any such activities, all lands affected by the
construction of new roads or the improvement or use of existing roads to gain
access to the site of those activities and for haulage and excavation,
workings, impoundments, dams, ventilation shafts, entryways, refuse banks,
dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes
or depressions, repair areas, storage areas, processing areas, shipping areas,
and other areas upon which are site structures, facilities, or other property
or material on the surface, resulting from or incident to those
activities.
(174) Surface
mining activities--Those surface coal mining and reclamation operations
incident to the extraction of coal from the earth by removing the materials
over a coal seam, before recovering the coal, by auger coal mining, or by
recovery of coal from a deposit that is not in its original geologic
location.
(175) Surface operations
and impacts incident to an underground coal mine--All activities involved in or
related to underground coal mining which are either conducted on the surface of
the land, produce changes in the land surface or disturb the surface, air or
water resources of the area, including all activities listed in
§134.004(19) of the Act and the definition of surface coal mining
operations contained in this section.
(176) Suspended solids or nonfilterable
residue--Expressed as milligrams per liter, organic or inorganic materials
carried or held in suspension in water which are retained by a standard glass
fiber filter in the procedure outlined by the U.S. Environmental Protection
Agency regulations for wastewater and analyses ( 40 CFR 136 ).
(177) Temporary diversion--A diversion of a
stream or overland flow which is used during coal exploration or surface coal
mining and reclamation operations and not approved by the Commission to remain
after reclamation as part of the approved postmining land use.
(178) Temporary impoundment--An impoundment
used during surface coal mining and reclamation operations, but not approved by
the Commission to remain as part of the approved postmining land use.
(179) Thick overburden--More than sufficient
spoil and other waste materials available from the 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:
(A) closely resemble the surface
configuration of the land prior to mining; or
(B) blend into and complement the drainage
pattern of the surrounding terrain.
(180) Thin overburden--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 coal bed prior to removing the coal,
so that after backfilling and grading the surface configuration of the
reclaimed area would not:
(A) closely resemble
the surface configuration of the land prior to mining; or
(B) blend into and complement the drainage
pattern of the surrounding terrain.
(181) Ton--2,000 pounds avoirdupois (0.90718
metric ton).
(182) Topsoil--The A
and E soil-horizon layers of the four master soil horizons.
(183) Toxic-forming materials--Earth
materials or wastes which, if acted upon by air, water, weathering, or
microbiological processes, are likely to produce chemical or physical
conditions in soils or water that are detrimental to biota or uses of
water.
(184) Toxic mine
drainage--Water that is discharged from active or abandoned mines or other
areas affected by coal exploration or surface coal mining and reclamation
operations, which contains a substance that through chemical action or physical
effects is likely to kill, injure, or impair biota commonly present in the area
that might be exposed to it.
(185)
Transfer, assignment, or sale of rights--A change in ownership or other
effective control over the right to conduct surface coal mining operations
under a permit issued by the Commission.
(186) Unconsolidated streamlaid deposits
holding streams--With respect to alluvial valley floors, all flood plains and
terraces located in the lower portions of topographic valleys which contain
perennial or other streams with channels that are greater than 3 feet in
bankfull width and greater than 0.5 feet in bankfull depth.
(187) Underground development waste--Waste
rock mixtures of coal, shale, claystone, siltstone, sandstone, limestone, or
related materials that are excavated, moved, and disposed of during development
and preparation of areas incident to underground mining activities.
(188) Underground mining
activities--Includes:
(A) surface operations
incident to underground extraction of coal or in situ processing, such as
construction, use, maintenance, and reclamation of roads, above-ground repair
areas, storage areas, processing areas, shipping areas, areas upon which are
sited support facilities including hoist and ventilating ducts, areas utilized
for the disposal and storage of waste, and areas on which materials incident to
underground mining operations are placed; and
(B) underground operations such as
underground construction, operation, and reclamation of shafts, adits,
underground support facilities, in situ processing, and underground mining,
hauling, storage, and blasting.
(189) Undeveloped rangeland--For purposes of
alluvial valley floors, lands where the use is not specifically controlled and
managed.
(190) Unwarranted failure
to comply--The failure of the permittee to prevent the occurrence of any
violation of the permit or any requirement of the Act, due to the indifference,
lack of diligence, or lack of reasonable care, or the failure to abate any
violation of such permit or the Act, due to indifference, lack of diligence, or
lack of reasonable care.
(191)
Upland areas--With respect to alluvial valley floors, those geomorphic features
located outside the floodplain and terrace complex, such as isolated higher
terraces, alluvial fans, pediment surfaces, landslide deposits, and surfaces
covered with residuum, mud flows or debris flows, as well as highland areas
underlain by bedrock and covered by residual weathered material or debris
deposited by sheetwash, rillwash, or windblown material.
(192) Valid existing rights--A set of
circumstances under which a person may, subject to Commission approval, conduct
surface coal mining operations on lands where §134.022 of the Act and
§
12.71(a) of this
title (relating to Areas Where Surface Coal Mining Operations are Prohibited or
Limited) would otherwise prohibit such operations. Possession of valid existing
rights only confers an exception from the prohibitions of §
12.71(a) of this
title and §134.022 of the Act. A person seeking to exercise valid existing
rights must comply with all other pertinent requirements of the Act and this
chapter.
(A) Property rights demonstration.
Except as provided in subparagraph (C) of this paragraph, a person claiming
valid existing rights must demonstrate that a legally binding conveyance,
lease, deed, contract, or other document vests that person, or a predecessor in
interest, with the right to conduct the type of surface coal mining operations
intended. This right must exist at the time that the land came under the
protection of §
12.71(a) of this
title or §134.022 of the Act. Applicable state statutory or case law will
govern interpretation of documents relied upon to establish property rights. If
no applicable state law exists, custom and generally accepted usage at the time
and place that the documents came into existence will govern their
interpretation.
(B) Additional
demonstrations. Except as provided in subparagraph (C) of this paragraph, a
person claiming valid existing rights must also demonstrate compliance with one
of the following standards:
(i) Good
faith/all permits standard. All permits and other authorizations required to
conduct surface coal mining operations have been obtained, or a good faith
effort to obtain all necessary permits and authorizations has been made, before
the land came under the protection of §
12.71(a) of this
title or §134.022 of the Act. At a minimum, an application must have been
submitted for any permit required under Subchapter G of this chapter (relating
to Surface Coal Mining and Reclamation Operations, Permits, and Coal
Exploration Procedure Systems); or
(ii) Needed for and adjacent standard. The
land is needed for and immediately adjacent to a surface coal mining operation
for which all permits and other authorizations required to conduct surface coal
mining operations have been obtained, or a good faith attempt to obtain all
permits and authorizations has been made, before the land came under the
protection of §
12.71(a) of this
title or §134.022 of the Act. To meet this standard, a person must
demonstrate that prohibiting expansion of the operation onto that land would
unfairly impact the viability of the operation as originally planned before the
land came under the protection of §
12.71(a) of this
title or §134.022 of the Act. Except for operations in existence before
August 3, 1977, or for which a good faith effort to obtain all necessary
permits have been made before August 3, 1977, this standard does not apply to
lands already under the protection of §
12.71(a) of this
title or §134.022 of the Act when the Commission approved the permit for
the original operation or when the good faith effort to obtain all necessary
permits for the original operation was made. In evaluating whether a person
meets this standard, the Commission may consider factors such as:
(I) the extent to which coal supply contracts
or other legal and business commitments that predate the time that the land
came under the protection of §
12.71(a) of this
title or §134.022 of the Act depend upon use of that land for surface coal
mining operations;
(II) the extent
to which plans used to obtain financing for the operation before the land came
under the protection of §
12.71(a) of this
title or §134.022 of the Act rely upon use of that land for surface coal
mining operations;
(III) the extent
to which investments in the operation before the land came under the protection
of §
12.71(a) of this
title or §134.022 of the Act rely upon use of that land for surface coal
mining operations; and
(IV) whether
the land lies within the area identified on the life-of-mine map submitted
under §
12.136(3) of
this title (relating to Maps: General Requirements) or §
12.182(3) of
this title (relating to Maps: General Requirements) before the land came under
the protection of §
12.71(a) of this
title.
(C)
Roads. A person who claims valid existing rights to use or construct a road
across the surface of lands protected by §
12.71(a) of this
title or §134.022 of the Act must demonstrate that one or more of the
following circumstances exist if the road is included within the definition of
"surface coal mining operations" in this section:
(i) the road existed when the land upon which
it is located came under the protection of §
12.71(a) of this
title or §134.022 of the Act, and the person has a legal right to use the
road for surface coal mining operations;
(ii) a properly recorded right of way or
easement for a road in that location existed when the land came under the
protection of §
12.71(a) of this
title or §134.022 of the Act, and, under the document creating the right
of way or easement, and under subsequent conveyances, the person has a legal
right to use or construct a road across the right of way or easement for
surface coal mining operations;
(iii) a valid permit for use or construction
of a road in that location for surface coal mining operations existed when the
land came under the protection of §
12.71(a) of this
title or §134.022 of the Act; or
(iv) valid existing rights exist under
subparagraphs (A) and (B) of this paragraph.
(193) Valley fill--A fill structure
consisting of any material other than coal waste and organic material that is
placed in a valley where side slopes of the existing valley measured at the
steepest point are greater than 20 degrees or the average slope of the profile
of the valley from the toe of the fill to the top of the fill is greater than
10 degrees.
(194) Violation--When
used in the context of the permit application information or permit eligibility
requirements of the Act and this chapter:
(A)
a failure to comply with an applicable provision of a Federal or state law or
regulation pertaining to air or water environmental protection, as evidenced by
a written notification from a governmental entity to the responsible person;
or
(B) a noncompliance for which
the Commission has provided one or more of the following types of notice, or
another state's regulatory authority has provided equivalent notice under
corresponding provisions of that state's regulatory program:
(i) a notice of violation under §
12.678 of this title (relating to
Notices of Violation);
(ii) a
cessation order under §
12.677 of this title (relating to
Cessation Orders);
(iii) a final
order, bill, or demand letter pertaining to a delinquent civil penalty assessed
under Subchapter L of this chapter (relating to Permanent Program Inspection
and Enforcement Procedures);
(iv) a
bill or demand letter pertaining to delinquent reclamation fees owed under 30
CFR, Part 870 ; or
(v) a notice of
bond forfeiture under §
12.314(d) of
this title (relating to Forfeiture of Bonds) when:
(I) one or more violations upon which the
forfeiture was based have not been abated or corrected; or
(II) the amount forfeited and collected is
insufficient for full reclamation under §
12.314 of this title, the
Commission orders reimbursement for additional reclamation costs, and the
person has not complied with the reimbursement
order.
(195) Violation, failure, or refusal--With
respect to §§
12.696 -
12.699 of this title, a violation
of or a failure or refusal to comply with any order of the Commission
including, but not limited to, a condition of a permit, notice of violation,
failure-to-abate cessation order, imminent harm cessation order, order to show
cause why a permit should not be suspended or revoked, and order in connection
with a civil action for relief, except an order incorporated in a decision
issued under §134.175 of the Act.
(196) Violation notice--Any written
notification from a regulatory authority or other governmental entity, as
specified in the definition of "violation" in this section.
(197) Water table--The upper surface of a
zone of saturation, where the body of ground water is not confined by an
overlying impermeable zone.
(198)
Willful or willfully--With respect to §§
12.696 -
12.699 of this title, an
individual that authorized, ordered, or carried out an act or omission that
resulted in either a violation or the failure to abate or correct a violation
acted:
(A) intentionally, voluntarily, or
consciously; and
(B) with
intentional disregard or plain indifference to legal
requirements.
(199)
Willful violation--An act or omission which violates the Act, state, or federal
laws or regulations, or any permit condition required by the Act or this
chapter, committed by a person who intends the result which actually
occurs.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.