Current through Bulletin 2024-18, September 15, 2024
The rules in R645-302-200 present the requirements for
information to be included in the permit application to conduct coal mining and
reclamation operations for designated special categories of mining and present
procedures to process said permit applications.
210. Experimental Practices Mining.
211. Experimental practices provide a
variance from environmental protection performance standards of the Act, of
R645-301, and the State Program for experimental or research purposes, or to
allow an alternative postmining land use, and may be undertaken if they are
approved by the Division and the Office and if they are incorporated in a
permit or permit change issued in accordance with the requirements of R645-200,
R645-300, R645-301,
R645-302-100 through
R645-302-280, R645-302-310, R645-302-320, or R645-303.
212. An application for an experimental
practice will contain descriptions, maps, plans, and data which show:
212.100. The nature of the experimental
practice, including a description of the performance standards for which
variances are requested, the duration of the experimental practice, and any
special monitoring which will be conducted;
212.200. How use of the experimental practice
encourages advances in mining and reclamation technology or allows a postmining
land use for industrial, commercial, residential, or public use (including
recreation facilities) on an experimental basis;
212.300. That the experimental
practice:
212.310. Is potentially
more, or at least as, environmentally protective, during and after coal mining
and reclamation operations, as would otherwise be required by standards
promulgated under R645-301 and R645-302; and
212.320. Will not reduce the protection
afforded public health and safety below that provided by the requirements of
R645-301 and R645-302; and
212.400.
That the applicant will conduct monitoring of the effects of the experimental
practice. The monitoring program will ensure the collection, analysis, and
reporting of reliable data that are sufficient to enable the Division and the
Office to:
212.410. Evaluate the
effectiveness of the experimental practice; and
212.420. Identify, at the earliest possible
time, potential risk to the environment and public health and safety which may
be caused by the experimental practice during and after coal mining and
reclamation operations.
213. Applications for experimental practices
will comply with the public notice requirements of R645-300-120.
214. No application for an experimental
practice under R645-302-210 will be approved until the Division first finds in
writing and the Office then concurs that:
214.100. The experimental practice encourages
advances in coal mining and reclamation technology or allows a postmining land
use for industrial, commercial, residential, or public use (including
recreational facilities) on an experimental basis;
214.200. The experimental practice is
potentially more, or at least as, environmentally protective, during and after
coal mining and reclamation operations, as would otherwise be required by
standards promulgated under R645- 301 and R645-302;
214.300. The coal mining and reclamation
operations approved for a particular land use or other purpose are not larger
or more numerous than necessary to determine the effectiveness and economic
feasibility of the experimental practice; and
214.400. The experimental practice does not
reduce the protection afforded public health and safety below that provided by
standards promulgated under R645-301 and R645-302.
215. Experimental practices granting
variances from the special environmental protection performance standards of
Sections 515 and 516 of the Federal Act applicable to prime farmlands will be
approved only after consultation with the NRCS.
216. Each person undertaking an experimental
practice will conduct the periodic monitoring, recording and reporting program
set forth in the application, and will satisfy such additional requirements as
the Division or the Office may impose to ensure protection of the public health
and safety and the environment.
217. Each experimental practice will be
reviewed by the Division at a frequency set forth in the approved permit, but
no less frequently than every two and one-half years. After review, the
Division may require such reasonable modifications of the experimental practice
as are necessary to ensure that the activities fully protect the environment
and the public health and safety. Copies of the decision of the Division will
be sent to the permittee and will be subject to the provisions for
administrative and judicial review of
R645-300-200.
218. Revisions or amendments to an
experimental practice will be processed in accordance with the requirements of
R645-303-220 and approved by the Division. Any revisions which propose
significant alterations in the experimental practice will, at a minimum, be
subject to notice, hearing, and public participation requirements of
R645-300-120 and concurrence by the Office. Revisions that do not propose
significant alterations in the experimental practice will not require
concurrence by the Office.
220.
Mountaintop Removal Mining.
221.R645-302-220 applies to any person who
conducts or intends to conduct SURFACE COAL MINING AND RECLAMATION ACTIVITIES
by mountaintop removal mining.
222.
Mountaintop removal mining means SURFACE COAL MINING AND RECLAMATION
ACTIVITIES, where the mining operation removes an entire coal seam or seams
running through the upper fraction of a mountain, ridge, or hill, except as
provided for in R645-302-227.500, by removing substantially all of the
overburden off the bench and creating a level plateau or a gently rolling
contour, with no highwalls remaining, and capable of supporting postmining land
uses in accordance with the requirements of R645-302-220.
223. The Division may issue approval to
conduct mountaintop removal mining, without regard to the requirements of
R645-301-537.200, R645-301-552 through R645-301-553.230, R645-301-553.260
through R645-301-553.900, and R645-302-234 to restore the lands disturbed by
such mining to their approximate original contour, if it first finds, in
writing, on the basis of a complete application, that the following
requirements are met:
223.100. The proposed
postmining land use of the lands to be affected will be an industrial,
commercial, agricultural, residential, or public facility (including
recreational facilities) use and, if:
223.110. After consultation with the
appropriate land-use planning agencies, if any, the proposed land use is deemed
by the Division to constitute an equal or better economic or public use of the
affected land compared with the premining use;
223.120. The applicant demonstrates
compliance with the requirements for acceptable alternative postmining land
uses of R645-301-413.100 through R645-301-413.300;
223.130. The applicant has presented specific
plans for the proposed postmining land use and appropriate assurances that such
use will be:
223.131. Compatible
with adjacent land uses;
223.132.
Obtainable according to data regarding expected need and market;
223.133. Assured of investment in necessary
public facilities;
223.134.
Supported by commitments from public agencies where appropriate;
223.135. Practicable with respect to private
financial capability for completion of the proposed use;
223.136. Planned pursuant to a schedule
attached to the reclamation plan so as to integrate the mining operation and
reclamation with the postmining land use; and
223.137. Designed by a registered engineer in
conformance with professional standards established to assure the stability,
drainage, and configuration necessary for the intended use of the
site.
223.140. The proposed use
would be consistent with adjacent land uses and existing Utah and local land
use plans and programs; and
223.150. The Division has provided, in
writing, an opportunity of not more than 60 days to review and comment on such
proposed use to the governing body of general purpose government in whose
jurisdiction the land is located and to any Utah or federal agency which the
Division, in its discretion, determines to have an interest in the proposed
use;
223.200. The applicant
demonstrates that in place of restoration of the land to be affected to the
approximate original contour under R645-301-537.200, R645-301-552 through
R645-301-553.230, R645-301-553.260 through R645-301-553.900, and R645-302-234,
the SURFACE COAL MINING AND RECLAMATION ACTIVITY will be conducted in
compliance with the requirements of R645-302-227.
223.300. The requirements of R645-302-227 are
made a specific condition of the permit;
223.400. All other requirements of the State
Program are met by the proposed operations; and
223.500. The application to conduct SURFACE
COAL MINING AND RECLAMATION ACTIVITIES clearly identifies mountaintop removal
mining.
224. Any permits
incorporating a variance issued under R645-302-220 will be reviewed by the
Division to evaluate the progress and development of the SURFACE COAL MINING
AND RECLAMATION ACTIVITIES to establish that the operator is proceeding in
accordance with the terms of the variance:
224.100. Within the sixth month preceding the
third year from the date of its issuance;
224.200. Before each permit renewal;
and
224.300. Not later than the
middle of each permit term.
225. Any review required under R645-302-224
need not be held if the permittee has demonstrated and the Division finds, in
writing, within three months before the scheduled review, that all SURFACE COAL
MINING AND RECLAMATION ACTIVITIES under the permit are proceeding and will
continue to be conducted in accordance with the terms of the permit and
requirements of the State Program.
226. The terms and conditions of a permit
that includes mountaintop removal mining may be modified at any time by the
Division, if it determines that more stringent measures are necessary to insure
that the operation involved is conducted in compliance with the requirements of
the State Program.
227. Performance
Standards. Under the State Program, SURFACE COAL MINING AND RECLAMATION
ACTIVITIES may be conducted under a variance from the requirement of R645-301
and R645-302 for restoring affected areas to their approximate original
contour, if:
227.100. The Division grants the
variance under a permit to conduct SURFACE COAL MINING AND RECLAMATION
ACTIVITIES, in accordance with R645-302-220;
227.200. The activities involve the mining of
an entire coal seam running through the upper fraction of a mountain, ridge, or
hill, by removing all of that overburden and creating a level plateau or gently
rolling contour with no highwalls remaining;
227.300. An industrial, commercial,
agricultural, residential, or public facility (including recreational
facilities) use is proposed and approved for the affected land;
227.400. The alternative land use
requirements of R645-301-413.100 through R645-301-413.300 and all applicable
requirements of R645-301 and R645-302 and the State Program, other than the
requirement to restore affected areas to their approximate original contour,
are met;
227.500. An outcrop
barrier of sufficient width, consisting of the toe of the lowest coal seam, and
its associated overburden, are retained to prevent slides and erosion, except
that the Division may allow an exemption to the retention of the coal barrier
requirement if the following conditions are satisfied:
227.510. The proposed mine site was mined
prior to May 3, 1978, and the toe of the lowest seam has been removed;
or
227.520. A coal barrier adjacent
to a head-of-hollow fill may be removed after the elevation of a head-of-hollow
fill attains the elevation of the coal barrier if the head-of-hollow fill
provides the stability otherwise ensured by the retention of a coal
barrier;
227.600. The final graded
slopes on the mined area are less than 1v:5h, so as to create a level plateau
or gently rolling configuration, and the outslopes of the plateau do not exceed
1v:2h except where engineering data substantiates, and the Division finds, in
writing, and includes in the permit to conduct SURFACE COAL MINING AND
RECLAMATION ACTIVITIES under R645-302-220 that a minimum static safety factor
of 1.5 will be attained;
227.700.
The resulting level or gently rolling contour is graded to drain inward from
the outslope, except at specified points where it drains over the outslope in
stable and protected channels. The drainage will not be through or over a
valley or head-of-hollow fill and natural watercourses below the lowest coal
seam mined will not be damaged;
227.800. All waste and acid-forming or
toxic-forming materials, including the strata immediately below the coal seam,
are covered with nontoxic spoil to prevent pollution and achieve the approved
postmining land use; and
227.900.
Spoil is placed on the mountaintop bench as necessary to achieve the postmining
land use approved under R645-302-227.300 and R645-302-227.400. All excess spoil
material not retained on the mountaintop will be placed in accordance with
applicable requirements of R645-301-211, R645-301-212, R645-301-412.300,
R645-301-512.210, R645-301-512.220, R645-301-514.100, R645-301-528.310,
R645-301-535.100 through R645-301-535.130, R645-301-535.300 through
R645-301-535.500, R645-301-536.300, R645-301-542.720, R645-301-553.240,
R645-301-731.100 through R645-301-731.522, R645-301-731.800, R645-301-742.300,
R645-301-745.100, R645-301-745.300, and R645-301-745.400.
231. The rules in R645-302-230 apply to any
person who conducts or intends to conduct steep slope coal mining and
reclamation operations, except:
231.100.
Where an operator proposes to conduct coal mining and reclamation operations on
flat or gently rolling terrain, leaving a plain or predominantly flat area, but
on which an occasional steep slope is encountered as the coal mining and
reclamation operation proceeds;
231.200. Where a person obtains a permit
under the provisions of R645-302-220; or
231.300. To the extent that a person obtains
a permit incorporating a variance under R645-302-270.
232. Any application for a permit to conduct
coal mining and reclamation operations covered by R645-302-230 will contain
sufficient information to establish that the operations will be conducted in
accordance with the requirements of R645-302-234.
233. No permit will be issued for any coal
mining and reclamation operations covered by R645-302-230, unless the Division
finds, in writing, that in addition to meeting all other requirements of
R645-301 and R645-302, the operation will be conducted in accordance with the
requirements of R645-302-234.
234.
Backfilling and Grading.
234.100. Coal mining
and reclamation operations on steep slopes will be conducted so as to meet the
requirements of R645-301-537.200, R645-301-552 through R645-301-553.230,
R645-301-553.260 through R645-301-553.900, except where mining is conducted on
flat or gently rolling terrain with an occasional steep slope through which the
mining proceeds and leaves a plain or predominantly flat area or where
operations are conducted in accordance with R645-302-227.
234.200. The following materials will not be
placed on the downslope except as provided for UNDERGROUND COAL MINING AND
RECLAMATION ACTIVITIES under R645-301-553:
234.210. Spoil;
234.220. Waste materials of any
type;
234.230. Debris, including
that from clearing and grubbing; and
234.240. Abandoned or disabled
equipment.
234.300. Land above the
highwall will not be disturbed unless the Division finds that this disturbance
will facilitate compliance with the environmental protection standards of
R645-301 and R645-302 and the disturbance is limited to that necessary to
facilitate compliance.
234.400.
Woody materials will not be buried in the backfilled area unless the Division
determines that the proposed method for placing woody material within the
backfill will not deteriorate the stable condition of the backfilled
area.
240. Auger Mining
and Remining Operations.
241. The
Rules given under R645-302-240 apply to any person who conducts or intends to
conduct coal mining and reclamation operations utilizing augering operations.
241.100. To the extent not otherwise
addressed in the permit application, the applicant will identify potential
environmental and safety problems related to prior mining activity at the site
and that could be reasonably anticipated to occur. This identification shall be
based on a due diligence investigation which shall include visual observations
at the site, a record review of past mining at the site, and environmental
sampling tailored to current site conditions.
241.200. With regard to potential
environmental and safety problems referred to in R645-302-241.100, describe the
mitigative measures that will be taken to ensure that the applicable
reclamation requirements of the regulatory program can be met.
242. Any application for a permit
that includes operations covered by R645-302-240 will contain, in the mining
and reclamation plan, a description of the augering or remining methods to be
used and the measures to be used to comply with R645-302-244 and
R645-302-245.
243. No permit will
be issued for any operations covered by R645-302-240 unless the Division finds,
in writing, that in addition to meeting all other applicable requirements of
R645-200, R645-300, R645-301,
R645-302-100 through
R645-302-290, R645-302-310, R645-302-320, and R645-303, the operation will be
conducted in compliance with R645-302-244 and R645-302-245.
244. The Division may prohibit auger mining,
if necessary, to:
244.100. Maximize the
utilization, recoverability, or conservation of the solid-fuel resource;
or
244.200. Protect against adverse
water-quality impacts.
245. Performance Standards.
245.100. Coal Recovery.
245.110. Auger mining will be conducted so as
to maximize the utilization and conservation of the coal in accordance with
R645-301-522.
245.120. Auger mining
will be planned and conducted to maximize recoverability of mineral reserves
remaining after coal mining and reclamation operations are completed.
245.130. Each person who conducts auger
mining operations will leave areas of undisturbed coal, as approved by the
Division, to provide access for future underground coal mining and reclamation
activities to coal reserves remaining after augering is completed, unless it is
established that the coal reserves have been depleted or are so limited in
thickness or extent that it will not be practicable to recover the remaining
coal. This determination will be made by the Division upon presentation of
appropriate technical evidence by the operator.
245.200. Hydrologic Balance.
245.210. Auger mining and remining operations
will be planned and conducted to minimize disturbances to the prevailing
hydrologic balance in accordance with the requirements of R645-301-731.100
through R645-301-731.522, R645-301-731.800, and R645-301-751.
245.220. All auger holes, except as provided
in R645-302-245.230, will be:
245.221. Sealed within 72 hours after
completion with an impervious and noncombustible material, if the holes are
discharging water containing acid- or toxic-forming material. If sealing is not
possible within 72 hours, the discharge will be treated commencing within 72
hours after completion to meet applicable effluent limitations and water-
quality standards until the holes are sealed; and
245.222. Sealed with an impervious
noncombustible material, as contemporaneously as practicable with the augering
operation, as approved by the Division, if the holes are not discharging water
containing acid- or toxic- forming material.
245.230. Auger holes need not be sealed with
an impervious material so as to prevent drainage if the Division determines
that:
245.231. The resulting
impoundment of water may create a hazard to the environment or public health
and safety; and
245.232. The
drainage from the auger holes will:
245.232.1. Not pose a threat of pollution to
surface water; and
245.232.2.
Comply with the requirements of R645-301-731.100 through R645-301-731.522,
R645-301-731.800, and R645-301-751.
245.300. Subsidence Protection. Auger mining
and remining operations will be conducted in accordance with the requirements
of R645-301-525.210 and R645-301-525.230.
245.400. Backfilling and Grading.
245.410. General. Auger mining and remining
operations will be conducted in accordance with the backfilling and grading
requirements of R645-301-537.200 and R645-301-553.
245.420. Remining will comply with the
requirements of R645-301-553.500 and R645-301-553.600. Where auger mining
operations affect previously mined areas that were not reclaimed to the
standards of the R645 Rules and the volume of all reasonably available spoil is
demonstrated in writing to the Division to be insufficient to completely
backfill the highwall, the highwall will be eliminated to the maximum extent
technically practical in accordance with the following criteria:
245.421. The person who conducts the auger
mining operation will demonstrate to the Division that the backfill, designed
by a qualified registered professional engineer, has a minimum static safety
factor for the stability of the backfill of at least 1.3;
245.422. All spoil generated by the auger
mining operation and any associated SURFACE COAL MINING AND RECLAMATION
ACTIVITIES, and any other reasonably available spoil will be used to backfill
the area. Reasonably available spoil will include spoil generated by the mining
operation and other spoil located in the permit area that is accessible and
available for use and that when rehandled will not cause a hazard to the public
safety or significant damage to the environment. For this purpose, the permit
area will include spoil in the immediate vicinity of the auger mining
operation;
245.423. The coal seam
mined will be covered with a minimum of four feet of nonacid-, nontoxic-
forming material and the backfill graded to a slope which is compatible with
the approved postmining land use and which provides adequate drainage and
long-term stability;
245.424. Any
remnant of the highwall will be stable and not pose a hazard to the public
health and safety or to the environment; and
245.425. Spoil placed on the outslope during
previous mining operations will not be disturbed if such disturbances will
cause instability of the remaining spoil or otherwise increase the hazard to
the public health and safety or to the environment.
245.500. Protection of Underground Mining.
Auger holes will not extend closer than 500 feet (measured horizontally) to any
abandoned or active underground mine workings, except as approved in accordance
with R645-301-513.700 and R645-301-523.200.
250. In Situ Processing Activities.
251.R645-302-250 applies to any person who
conducts or intends to conduct coal mining and reclamation operations utilizing
in situ processing activities.
252.
Any application for a permit that includes operations covered by R645-302-250
will address all requirements of R645-200, R645-300, R645-301,
R645-302-100 through
R645-302-290, R645-302-310, R645-302-320, and R645-303 applicable to coal
mining and reclamation operations. In addition, the mining and reclamation
operations plan for operations involving in situ processing activities will
contain information establishing how those operations will be conducted in
compliance with the requirements of R645-302-254, including:
252.100. Delineation of proposed holes and
wells and production zone for approval of the Division;
252.200. Specifications of drill holes and
casings proposed to be used;
252.300. A plan for treatment, confinement or
disposal of all acid-forming, toxic-forming or radioactive gases, solids, or
liquids constituting a fire, health, safety or environmental hazard caused by
the mining and recovery process; and
252.400. Plans for monitoring surface and
ground water and air quality as required by the Division.
253. No permit will be issued for operations
covered by R645-302-250, unless the Division first finds, in writing, upon the
basis of a complete application made in accordance with R645-302-252, that the
operation will be conducted in compliance with all requirements of R645-200,
R645-300, R645-301,
R645-302-100 through
R645-302-290, R645-302-310, R645-302-320, and R645-303.
254. Performance Standards.
254.100. The person who conducts in situ
processing activities will comply with R645-301 and R645-302-254.
254.200. In situ processing activities will
be planned and conducted to minimize disturbance to the prevailing hydrologic
balance by:
254.210. Avoiding
discharge of fluids into holes or wells, other than as approved by the
Division;
254.220. Injecting
process recovery fluids only into geologic zones or intervals approved as
production zones by the Division;
254.230. Avoiding annular injection between
the wall of the drill hole and the casing; and
254.240. Preventing discharge of process
fluid into surface waters.
254.300.
Each person who conducts in situ processing activities will submit for approval
as part of the application for permit under R645-302-250, and follow after
approval, a plan that ensures that all acid-forming, toxic- forming, or
radioactive gases, solids, or liquids constituting a fire, health, safety, or
environmental hazard and caused by the mining and recovery process are promptly
treated, confined, or disposed of, in a manner that prevents contamination of
ground and surface waters, damage to fish, wildlife and related environmental
values, and threats to the public health and safety.
254.400. Each person who conducts in situ
processing activities will prevent flow of the process recovery
fluid:
254.410. Horizontally beyond
the affected area identified in the permit; and
254.420. Vertically into overlying or
underlying aquifers.
254.500. Each
person who conducts in situ processing activities will restore the quality of
affected ground water in the permit area and adjacent area, including ground
water above and below the production zone, to the approximate premining levels
or better, to ensure that the potential for use of the ground water is not
diminished.
254.600.
Monitoring.
254.610. Each person
who conducts in situ processing activities will monitor the quality and
quantity of surface and ground water and the subsurface flow and storage
characteristics, in a manner approved by the Division under R645-301-731.100
through R645-301-731.522 and R645-301-731.800, to measure changes in the
quantity and quality of water in surface and ground water systems in the permit
area and in adjacent areas.
254.620. Air and water quality monitoring
will be conducted in accordance with monitoring programs approved by the
Division as necessary according to appropriate federal and Utah air and water
quality standards.
260.
Coal Processing Plants Not Located Within the Permit Area of a Mine.
261.R645-302-260 applies to any person who
operates or intends to operate a coal processing plant outside the permit area
of any coal mining and reclamation operation, other than such plants which are
located at the site of ultimate coal use. Any person who operates such a
processing plant will obtain a permit from the Division in accordance with the
requirements of R645-302-260.
262.
Any application for a permit that includes operations covered by R645-302-260
will contain an operation and reclamation plan which specifies plans, including
descriptions, maps, and cross sections, of the construction, operation,
maintenance, and removal of the processing plant and support facilities
operated incident thereto or resulting therefrom. The plan will demonstrate
that those operations will be conducted in compliance with
R645-302-264.
263. No permit will
be issued for any operation covered by R645-302-260, unless the Division finds
in writing that, in addition to meeting all other applicable requirements of
R645-200, R645-300, R645-301,
R645-302-100 through
R645-302-290, R645-302-310, R645-302-320, and R645-303, the operations will be
conducted in compliance with the requirements of R645-302-264.
264. Performance Standards. Construction,
operation, maintenance, modification, reclamation, and removal activities at
coal processing plants will comply with the requirements listed below.
264.100. Signs and markers for the coal
processing plant, coal processing waste disposal area, and water-treatment
facilities will comply with R645-301-521.200.
264.200. Surface drainage will be controlled
according to the following:
264.210. Any stream channel diversion will
comply with R645-301-742.300;
264.220. Drainage from any disturbed area
related to the coal processing plant will comply with R645-301-356.300,
R645-301-356.400, R645-301-513.300, R645-301-532, R645-301-742.100 through
R645-301-742.240, R645-301-744, and R645-301-763.200 and all discharges from
these areas will meet the requirements of R645-301-731.100 through
R645-301-731.522, R645-301-731.800, and R645-301-751 and any other applicable
Utah or federal law; and
264.230.
Permanent impoundments associated with coal processing plants will meet the
requirements of R645-301-512.240, R645-301-514.300, R645-301-515.200,
R645-301-533.100 through R645-301-533.600, R645-301-542.400, R645-301-733.220
through R645-301-733.224, and R645-301-743. Dams constructed of or impounding
coal processing waste will comply with R645-301-536.400 and
R645-301-746.300.
264.300. Disposal
of coal processing waste, noncoal mine waste, and excess spoil will comply with
R645-301-210 through R645-301-212, R645-301-412.300, R645-301-512.210 through
R645-301-512.230, R645-301-513.400, R645-301-513.800, R645-301-514.100,
R645-301-514.200, R645-301-515.200, R645-301-528.310, R645-301-528.322 through
R645-301-528.323, R645-301-528.320, R645-301-528.330, R645-301-535.100 through
R645-301-535.130, R645-301-535.300 through R645-301-535.500, R645-301-536
through R645-301-536.200, R645-301-536.300 through R645-301-536.500,
R645-301-536.900, R645-301-542.720 through R645-301-542.740, R645-301-553.240
through R645-301-553.250, R645-301-745.100, R645-301-745.300 through
R645-301-745.400, R645-301-746.100 through R645-301-746.300, and
R645-301-747.
264.400. Fish,
wildlife, and related environmental values will be protected in accordance with
R645-301-333, R645-301-342, and R645-301-358.
264.500. Support facilities related to the
coal processing plant will comply with R645-301-526.220 and roads will comply
with R645-301-358, R645-301-512.250, R645-301-527.100, R645-301-527.230,
R645-301-534.100, R645-301-532.200, R645-301-534.300, R645-301-542.600,
R645-301-742.410, R645-301-742.420, R645-301-752.200, and
R645-301-762.
264.600. Cessation of
operations will be in accordance with R645-301-515.300 and R645-301-541.100
through R645-301-541.300.
264.700.
Erosion and air pollution attendant to erosion will be controlled in accordance
with R645-301-244.100 and R645-301-244.300.
264.800. Adverse effects upon, or resulting
from, nearby underground coal mining activities will be minimized by
appropriate measures including, but not limited to, compliance with
R645-301-513.700 and R645-301-523.200.
264.900. Reclamation will follow proper
topsoil handling, backfilling and grading, revegetation, and postmining land
use procedures in accordance with R645-301-232 through R645-301-233.100,
R645-301-234, R645-301-242, R645-301-244.200, R645-301-352 through
R645-301-357, R645-301-413, R645-301-512.260, R645-301-537.200, R645-301-553,
and R645-302-271.
270.
Variances from Approximate Original Contour Restoration Requirements.
271. The Division may issue approval or, if
applicable, a permit for nonmountaintop removal mining in steep slope areas
which includes a variance from the requirements of R645-301-537.200,
R645-301-552 through R645-301-553.230, R645-301-553.260 through
R645-301-553.420, R645-301-553.600 through R645-301-553.900, and R645-302-234
to restore the disturbed areas to their approximate original contour. The
permit may contain such a variance only if the Division finds, in writing, that
the applicant has demonstrated, on the basis of a complete application, that
the following requirements are satisfied:
271.100. The alternative postmining land use
requirements of R645-301-413.300 are met;
271.200. All applicable requirements of the
State Program, other than the requirements to restore disturbed areas to their
appropriate original contour are met;
271.300. After consultation with the
appropriate land use agencies, if any, the potential use is shown to constitute
an equal or better economic or public use;
271.400. Federal, Utah and local government
agencies with an interest in the proposed land use have had an adequate period
of time in which to review and comment on the proposed use;
271.500. After reclamation, the lands to be
affected by the variance within the permit area will be suitable for an
industrial, commercial, residential or public postmining land use (including
recreational facilities);
271.600.
The surface landowner of the lands within the permit area has knowingly
requested, in writing, as part of the permit application, that a variance be
granted so as to render the land, after reclamation, suitable for an
industrial, commercial, residential or public use (including recreational
facilities). The request will be made separately from any surface owner consent
given for the operations under R645-301-114 and will show an understanding that
the variance could not be granted without the owner's request;
271.700. The watershed of lands within the
proposed permit and adjacent areas will be improved by the coal mining and
reclamation operations when compared with the condition of the watershed before
mining or with its condition if the approximate original contour were to be
restored. The watershed will be deemed improved only if:
271.710. The amount of total suspended solids
or other pollutants discharged to ground or surface water from the permit area
will be reduced, so as to improve the public or private uses or the ecology of
such water, or flood hazards within the watershed containing the permit area
will be reduced by reduction of the peak flow discharge from precipitation
events or thaws; and
271.720. The
total volume of flow from the proposed permit area, during every season of the
year, will not vary in a way that adversely affects the ecology of any surface
water or any existing or planned use of surface or ground water;
271.800. Engineering. The proposed design
plan for the variance will be prepared and certified as described under
R645-301-512.260. The proposed design plan will also meet the following
requirements:
271.810. Unless the
highwall is determined to be retained under R645-301-553.650, the highwall will
be completely backfilled with spoil material, in a manner which results in a
static factor of safety at least 1.3, using standard geotechnical analysis;
and
271.820. Only the amount of
spoil as is necessary to achieve the postmining land use, ensure the stability
of spoil retained on the bench, and meet all other requirements of the Act and
R645 Rules will be placed on the mine bench. All spoil not retained on the
bench will be placed in accordance with R645-301-211, R645-301-212,
R645-301-412.300, R645-301-512.210, R645-301-512.220, R645-301-514.100,
R645-301-528.310, R645-301-535.100 through R645-301-535.130, R645-301-535.300
through R645-301-535.500, R645-301-536.300, R645-301-542.720, R645-301-553.240,
R645-301-745.100, R645-301-745.300, and R645-301-745.400; and
271.900. After Division approval, the
watershed of the permit and adjacent areas is shown to be improved.
272. If a variance is granted under
R645-302-270:
272.100. The requirements of
R645-302-270 will be included as a specific condition of the permit;
and
272.200. The permit will be
specifically marked as containing a variance from approximate original
contour.
273. A permit
incorporating a variance under R645-302-270 will be reviewed by the Division at
least every 30 months following the issuance of the permit to evaluate the
progress and development of the coal mining and reclamation operations to
establish that the operator is proceeding in accordance with the terms of the
variance.
274. If the permittee
demonstrates to the Division that the coal mining and reclamation operation has
been, and continues to be, conducted in compliance with the terms and
conditions of the permit, the requirements of the Act, the R645 Rules, and the
State Program, the review specified in R645-302-273 need not be held.
275. The terms and conditions of a permit
incorporating a variance under R645-302-270 may be modified at any time by the
Division, if it determines that more stringent measures are necessary to ensure
that the operations involved are conducted in compliance with the requirements
of the State Program.
280.
Variances for Delay in Contemporaneous Reclamation Requirement in Combined
SURFACE and UNDERGROUND COAL MINING AND RECLAMATION ACTIVITIES.
281. Applicability. R645-302-280 applies to
any person or persons conducting or intending to conduct combined SURFACE and
UNDERGROUND COAL MINING AND RECLAMATION ACTIVITIES where a variance is
requested from the contemporaneous reclamation requirements of
R645-301-352.
282. Application
Contents for Variances. Any person desiring a variance under R645-302-280 will
file with the Division complete applications for both the SURFACE COAL MINING
AND RECLAMATION ACTIVITIES and UNDERGROUND COAL MINING AND RECLAMATION
ACTIVITIES which are to be combined. The reclamation and operation plans for
these permits will contain appropriate narratives, maps, and plans, which:
282.100. Show why the proposed UNDERGROUND
COAL MINING AND RECLAMATION ACTIVITIES are necessary or desirable to assure
maximum practical recovery of the coal;
282.200. Show how multiple future
disturbances of surface lands or waters will be avoided;
282.300. Identify the specific surface areas
for which a variance is sought and the sections of the State Program from which
a variance is being sought;
282.400. Show how the activities will comply
with R645-301-513.700 and R645-301-523.200 and other applicable requirements of
the State Program;
282.500. Show
why the variance sought is necessary for the implementation of the proposed
UNDERGROUND COAL MINING AND RECLAMATION ACTIVITIES;
282.600. Provide an assessment of the adverse
environmental consequences and damages, if any, that will result if the
reclamation of disturbed areas is delayed; and
282.700. Show how off-site storage of spoil
will be conducted to comply with the requirements of the Act, R645-301-211,
R645-301-212, R645-301-412.300, R645-301-512.210, R645-301-512.220,
R645-301-514.100, R645-301-528.310, R645-301-535.100 through R645-301-535.130,
R645-301-535.300 through R645-301-535.500, R645-301-536.300, R645-301-542.720,
R645-301-553.240, R645-301-745.100, R645-301-745.300, R645-301-745.400, and the
State Program.
283.
Issuance of Permit. A permit incorporating a variance under R645-302-280 may be
issued by the Division if it first finds, in writing, upon the basis of a
complete application filed in accordance with R645-302-280, that:
283.100. The applicant has presented, as part
of the permit application, specific, feasible plans for the proposed
UNDERGROUND COAL MINING AND RECLAMATION ACTIVITIES;
283.200. The proposed UNDERGROUND COAL MINING
AND RECLAMATION ACTIVITIES are necessary or desirable to assure maximum
practical recovery of the mineral resource and will avoid multiple future
disturbances of surface land or waters;
283.300. The applicant has satisfactorily
demonstrated that the applications for the SURFACE COAL MINING AND RECLAMATION
ACTIVITIES and UNDERGROUND COAL MINING AND RECLAMATION ACTIVITIES conform to
the requirements of the State Program;
283.400. The disturbed area proposed for the
variance has been shown by the applicant to be necessary for implementing the
proposed UNDERGROUND COAL MINING AND RECLAMATION ACTIVITIES;
283.500. No substantial adverse environmental
damage, either on-site or off-site, will result from the delay in completion of
reclamation otherwise required by R645-301, R645-302, and the State
Program;
283.600. The operations
will, insofar as a variance is authorized, be conducted in compliance with the
requirements of R645-301-513.700, R645-301-532.200, and the State
Program;
283.700. Provisions for
off-site storage of spoil will comply with the requirements of R645-301-211,
R645-301-212, R645-301-412.300, R645-301-512.210, R645-301-512.220,
R645-301-514.100, R645-301-528.310, R645-301-535.100 through R645-301-535.130,
R645-301-535.300 through R645-301-535.500, R645-301-536.300, R645-301-542.720,
R645-301-553.240, R645-301-745.100, R645-301-745.300, R645-301-745.400, and the
State Program;
283.800. Liability
under the performance bond required to be filed by the applicant with the
Division pursuant to
R645-301-800 and the State Program will be for the duration of the UNDERGROUND COAL MINING
AND RECLAMATION ACTIVITIES and until all requirements of
R645-301-800 and the State Program have been complied with; and
283.900. The permit for the coal mining and
reclamation operation contains specific conditions:
283.910. Delineating the particular surface
areas for which a variance is authorized;
283.920. Identifying the applicable
provisions of R645 Rules and the State Program; and
283.930. Providing a detailed schedule for
compliance with the provisions of R645-302-280.
284. Review of Permits Containing Variances.
Permits to conduct coal mining and reclamation operations that contain
variances granted under R645-302-280 will be reviewed by the Division no later
than three years from the dates of issuance of the permit and any permit
renewals.
290. Small Operator
Assistance Program (SOAP).
291.
General Information on SOAP. The rules in R645-302-290 describe the Small
Operator Assistance Program (SOAP) and govern the procedures for providing
assistance to eligible small mine operators who request assistance under
Section
40-10-10(3) of the Act, for:
291.100. The determination of
the probable hydrologic consequences of mining and reclamation, under Section
40-10-10(2)(c) of the Act; and
291.200. The
statement of physical and chemical analyses of test borings or core samples,
under Section
40-10-10(2)(d) of the Act.
292.
Objectives. The objectives of this part are to meet the intent of Section
40-10-10(3) of the Act by:
292.100. Providing financial
and other necessary assistance to qualified small operators; and
292.200. Assuring that the Division will have
sufficient information to make a reasonable assessment of the probable
cumulative impacts of all anticipated mining upon the hydrology of the area and
particularly upon water availability.
293. Financial Assistance. The Division will
provide financial and other assistance under Section
40-10-10(3) of the Act, contingent upon receipt of funding.
293.100. Assistance Funding.
293.110. Use of Funds. Funds specifically
authorized for SOAP will be used to provide the services specified in
R645-302-299 and will not be used to cover administrative expenses.
293.120. Allocation of Funds. The Division
Mined Land Reclamation Program Administrator, hereinafter referred to as the
"Program Administrator", will establish a formula for allocating funds to
provide services for eligible small operators if available funds are less than
those required to provide the services pursuant to R645-302-290.
293.200. Applicant Liability.
293.210. The applicant will reimburse the
Division for the cost of the laboratory services performed pursuant to
R645-302-290 if:
293.211. The
applicant submits false information, fails to submit a permit application
within one year from the date of receipt of the approved laboratory report, or
fails to mine after obtaining a permit;
293.212. The program administrator finds that
the applicant's actual and attributed annual production of coal for all
locations exceeds 100,000 tons during any consecutive 12-month period either
during the term of the permit for which assistance is provided or during the
first five years after issuance of the permit whichever is shorter;
or
293.213. The permit is sold,
transferred, or assigned to another person and the transferee's total actual
and attributed production exceeds the 100,000 ton annual production limit
during any consecutive 12-month period of the remaining term of the permit.
Under R645-302-293.213 the applicant and its successor are jointly and
severally obligated to reimburse the Division.
293.220. The Division may waive the
reimbursement obligation if it finds that the applicant at all times acted in
good faith.
294.
Responsibilities of the Division. The Division will:
294.100. Review requests for assistance and
determine qualified operators;
294.200. Develop and maintain a list of
qualified laboratories, and select and pay laboratories for services
rendered;
294.300. Conduct periodic
on-site evaluations of SOAP activities with the operator;
294.400. Participate with the Office in data
coordination activities with the U.S. Geological Survey, U.S. Environmental
Protection Agency, and other appropriate agencies or institutions;
and
294.500. Insure that applicable
equal opportunity in employment provisions are included within any contract or
other procurement documents.
295. Qualified Laboratories.
295.100. Basic Qualifications. To be
designated a qualified laboratory, a firm will demonstrate that it:
295.110. Is staffed with experienced,
professional or technical personnel in the fields applicable to the work to be
performed;
295.120. Has adequate
space for material preparation and cleaning and sterilizing equipment and has
stationary equipment, storage, and space to accommodate workloads during peak
periods;
295.130. Meets applicable
Federal or Utah safety and health requirements;
295.140. Has analytical, monitoring and
measuring equipment capable of meeting applicable standards;
295.150. Has the capability of collecting
necessary field samples and making hydrologic field measurements and analytical
laboratory determinations by acceptable hydrologic, geologic, or analytical
methods in accordance with the requirements of R645-301-623 through
R645-301-623.200, R645-301-624 through R645-301-626, R645-301-723,
R645-301-724.100 through R645-301-724.320, R645-301-724.500, R645-301-725
through R645-301-729.200, R645-301-731, R645-301-731.210 through
R645-301-731.213, R645-301-731.220 through R645-301-731.223, and any other
applicable provisions of the R645 Rules. Other appropriate methods or
guidelines for data acquisition may be approved by the program administrator;
and
295.160. Has the capability of
performing services for either the determination or statement referenced in
R645-302-299.200.
295.200.
Subcontractors. Subcontractors may be used to provide some of the required
services provided their use is identified at the time a determination is made
that a firm is qualified and they meet requirements specified by the
Division.
296.
Eligibility for Assistance.
296.100.
Applicants are eligible for assistance if they:
296.110. Intend to apply for a permit
pursuant to the State Program;
296.120. Establish that their probable total
actual and attributed production from all locations during any consecutive
12-month period either during the term of their permit or during the first five
years after issuance of their permit, whichever period is shorter, will not
exceed 100,000 tons. Production from the following operations will be
attributed to the applicant:
296.121. The pro rata share, based upon
percentage of ownership of applicant, of coal produced by operations in which
the applicant owns more than a five percent interest;
296.122. The pro rata share, based upon
percentage of ownership of applicant, of coal produced in other operations by
persons who own more than five percent of the applicant's operation;
296.123. All coal produced by operations
owned by persons who directly or indirectly control the applicant by reason of
direction of the management; and
296.124. All coal produced by operations
owned by members of the applicant's family and the applicant's relatives,
unless it is established that there is no direct or indirect business
relationship between or among them;
296.130. Are not restricted in any manner
from receiving a permit under the State Program; and
296.140. Do not organize or reorganize their
company solely for the purpose of obtaining assistance under the
SOAP.
296.200. The Division may
provide alternate criteria or procedures for determining the eligibility of an
operator for assistance under SOAP, provided that such criteria may not be used
as a basis for grant requests in excess of that which would be authorized under
the criteria of R645-302-296.100.
297. Filing for Assistance. Each application
for assistance will include the following information:
297.100. A statement of the operator's intent
to file a permit application;
297.200. The names and addresses
of:
297.210. The permit applicant;
and
297.220. The operator if
different from the applicant;
297.300. A schedule of the estimated total
production of coal from the proposed permit area and all other locations from
which production is attributed to the applicant under R645-302-296. The
schedule will include for each location:
297.310. The operator or company name under
which coal is or will be mined;
297.320. The permit number and MSHA
number;
297.330. The actual coal
production during the year preceding the year for which the applicant applies
for assistance and production that may be attributed to the applicant under
R645-302-296; and
297.340. The
estimated coal production and any production which may be attributed to the
applicant for each year of the proposed permit;
297.400. A description of:
297.410. The proposed method of coal
mining;
297.420. The anticipated
starting and termination dates of coal mining and reclamation
operations;
297.430. The number of
acres of land to be affected by the proposed coal mining and reclamation
operation; and
297.440. A general
statement on the probable depth and thickness of the coal resource including a
statement of reserves in the permit area and the method by which they were
calculated.
297.500. A U.S.
Geological Survey topographic map at a scale of 1:24,000 or larger or other
topographic map of equivalent detail which clearly shows:
297.510. The area of land to be
affected;
297.520. The location of
any existing or proposed test borings; and
297.530. The location and extent of known
workings of any underground mines; and
297.600. Copies of documents which show
that:
297.610. The applicant has a
legal right to enter and commence mining within the permit area; and
297.620. A legal right of entry has been
obtained for the program administrator and laboratory personnel to inspect the
lands to be mined and adjacent areas to collect environmental data or to
install necessary instruments.
298. Application Approval and Notice.
298.100. If the program administrator finds
the applicant eligible, then the applicant will be informed in writing that the
application is approved.
298.200.
If the program administrator finds the applicant ineligible, then the applicant
will be informed in writing that the application is denied. The notice of
denial will state the reasons for denial.
299. Program Services and Data Requirements.
299.100. To the extent possible with
available funds, the program administrator will select and pay a qualified
laboratory to make the determination and statement referenced in
R645-302-299.200 for eligible operators who request assistance.
299.200. The program administrator will
determine the data needed for each applicant or group of applicants. Data
collected and the results provided to the program administrator will be
sufficient to satisfy the requirements for:
299.210. The determination of the probable
hydrologic consequences of the coal mining and reclamation operations in the
proposed permit area and adjacent areas in accordance with R645-301-728 and any
other applicable provisions of the R645 Rules; and
299.220. The statement of the results of test
borings or core samplings for the proposed permit area in accordance with
R645-301-624 and any other applicable provisions of the R645 Rules.
299.300. Data collection and analysis may
proceed concurrently with the development of mining and reclamation plans by
the operator.
299.400. Data
collected under this program will be made publicly available in accordance with
R645-300-124.
