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Surface Mining Reclamation and Enforcement, Interior § 716.7
is required. However, the petition shall (ii) Lands on which surface coal min-
be in writing and shall identify clear- ing and reclamation operations are
ly— conducted pursuant to any renewal or
(1) The performance standard in- revision of a permit issued prior to Au-
volved; gust 3, 1977; or
(2) The alternative methods to be (iii) Lands included in any existing
used to protect the environment and surface coal mining operations for
public health and safety; which a permit was issued for all or
(3) The reasons why a modification is any part thereof prior to August 3, 1977,
requested with full descriptions of the provided that:
impacts continued requirements for (A) Such lands are part of a single
compliance with the performance continuous surface coal mining oper-
standard to be modified would have on ation begun under a permit issued be-
mining and reclamation and of the im- fore August 3, 1977; and
pacts the proposed method would have (B) The permittee had a legal right to
on the environment and public health mine the lands prior to August 3, 1977,
and safety; and through ownership, contract, or lease
but not including an option to buy,
(4) The location of the mine.
lease, or contract; and
(d) If the Secretary determines that
(C) The lands contain part of a con-
the petition presents reasonable jus-
tinuous recoverable coal seam that was
tification for modifying the perform-
being mined in a single continuous
ance standard, he may grant a tem-
mining pit (or multiple pits if the lands
porary suspension of enforcement of
are proven to be part of a single contin-
the performance standard, and he shall
uous surface coal mining operation)
publish a notice of intention to modify
begun under a permit issued prior to
the applicability of the performance
August 3, 1977.
standard in the FEDERAL REGISTER and
(3) For purposes of this section:
in a newspaper of general circulation in
(i) ‘‘Renewal’’ of a permit shall mean
the area of Alaska where the affected
a decision by the regulatory authority
coal mine is located. A public hearing
to extend the time by which the per-
shall be held in Alaska and any person
mittee may complete mining within
may testify for or against the proposed
the boundaries of the original permit,
modification. The Secretary, after con-
and ‘‘revision’’ of the permit shall
sidering the public comments, and con-
mean a decision by the regulatory au-
sulting with the Governor of Alaska,
thority to allow changes in the method
shall publish his decision in the FED-
of mining operations within the origi-
ERAL REGISTER and in the same news-
nal permit area, or the decision of the
paper in which the original notice was
regulatory authority to allow inci-
published.
dental boundary changes to the origi-
§ 716.7 Prime farmland. nal permit;
(ii) A pit shall be deemed to be a sin-
(a) Applicability. (1) Permittees of sur- gle continuous mining pit even if por-
face coal mining and reclamation oper- tions of the pit are crossed by a road,
ations conducted on prime farmland pipeline, railroad, or powerline or simi-
shall comply with the general perform- lar crossing;
ance standards of part 715 of this chap- (iii) A single continuous surface coal
ter in addition to the special require- mining operation is presumed to con-
ments of this section. sist only of a single continuous mining
(2) Except as otherwise provided in pit under a permit issued prior to Au-
this paragraph, the requirements of the gust 3, 1977, but may include non-con-
section are applicable to any lands cov- tiguous parcels if the operator can
ered by a permit application filed on or prove by clear and convincing evidence
after August 3, 1977. This section does that, prior to August 3, 1977, the con-
not apply to: tiguous parcels were part of a single
(i) Lands on which surface coal min- permitted operation. For the purposes
ing and reclamation operations are of this paragraph, clear and convincing
conducted pursuant to any permit evidence includes, but is not limited
issued prior to August 3, 1977; or to, contracts, leases, deeds or other
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§ 716.7 30 CFR Ch. VII (7–1–07 Edition)
properly executed legal documents (not mmhos/cm and the exchangeable so-
including options) that specifically dium percentage (ESP) is less than 15.
treat physically separate parcels as one (6) The soils are not flooded fre-
surface coal mining operation. quently during the growing season (less
(b) Definitions. For purposes of this often than once in 2 years).
section, the following definitions are (7) The soils have a product of K
applicable. (erodibility factor) × percent slope of
(1) Prime farmland means those lands less than 2.0 and a product of I (soil
which are defined by the Secretary of erodibility) × C (climatic factor) not
Agriculture in 7 CFR 657 and which exceeding 60.
have been historically used for crop- (8) The soils have a permeability rate
land. of at least 0.06 inch per hour in the
(2) Historically used for cropland upper 20 inches and the mean annual
means (i) lands that have been used for soil temperature at a depth of 20 inches
cropland for any 5 years or more out of is less than 59 degrees F.; the perme-
the 10 years immediately preceding the ability rate is not a limiting factor if
acquisition, including purchase, lease, the mean annual soil temperature is 59
or option, of the land for the purpose of degress F. or higher.
conducting or allowing through resale, (9) Less than 10 percent of the surface
lease, or option the conduct of surface layer (upper 6 inches) in these soils
consists of rock fragments coarser than
coal mining and reclamation oper-
3 inches.
ations; (ii) lands that the regulatory
(c) Indentification of prime farmland.
authority determines, on the basis of
Prime farmland shall be identified on
additional cropland history of the sur-
the basis of soil surveys submitted by
rounding lands and the lands under
the applicant. The regulatory author-
consideration, that the permit area is
ity also may require data on irrigation,
clearly cropland but falls outside the
drainage, flood control, and subsurface
specific 5-years-in-10 criterion, or (iii)
water managament. The requirement
lands that would likely have been used
for submission of soil surveys may be
as cropland for any 5 out of the last 10
waived by the regulatory authority, if
years immediately preceding such the applicant can demonstrate accord-
acquistion but for some fact of owner- ing to the procedures in paragraph (d)
ship or control of the land unrelated to of this section that no prime farmlands
the productivity of the land, in which are involved. Soil surveys shall be con-
case the regulations for prime farm- ducted according to standards of the
land may be applied to include more National Cooperative Soil Survey,
years of cropland history only to in- which include the procedures set forth
crease the prime farmland acreage to in U.S. Department of Agriculture
be protected. Handbooks 436 (Soil Taxonomy) and 18
(3) Cropland means land used for the (Soil Survey Manual), and shall in-
production of adapted crops for har- clude—
vest, alone or in a rotation with (1) Data on moisture availability,
grasses and legumes, and includes row temperature regime, flooding, water
crops, small grain crops, hay crops, table, erosion characteristics, perme-
nursery crops, orchard crops, and other ability, or other information that is
similar speciality crops. needed to determine prime farmland in
(4) The soils either have no water accordance with paragraph (b) of this
table or have a water table that is section;
maintained at a sufficient depth during (2) A map designating the exact loca-
the cropping season to allow food, feed, tion and extent of the prime farmland;
fiber, forage, and oilseed crops common and
to the area to be grown. (3) A description of each soil mapping
(5) The soils can be managed so that unit.
in all horizons within a depth of 40 (d) Negative determination of prime
inches or in the root zone if the root farmland. The land shall not be consid-
zone is less than 40 inches deep, during ered as prime farmland where the ap-
part of each year the conductivity of plicant can demonstrate one or more of
saturation extract is less than 4 the following situations—
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Surface Mining Reclamation and Enforcement, Interior § 716.7
(1) Lands within the proposed permit non-mined prime farmlands in the sur-
boundaries have not been historically rounding area under equivalent levels
used for cropland. of management; and
(2) The slope of all land within the (5) Plans for seeding or cropping the
permit area is 10 percent or greater. final graded mine land and the con-
(3) Land within the permit area is servation practices to control erosion
not irrigated or naturally subirrigated, and sedimentation during the first 12
has no developed water supply that is months after regrading is completed.
dependable and of adequate quality, Proper adjustments for seasons must
and the average annual precipitation is be made so that final graded land is not
14 inches or less. exposed to erosion during seasons when
(4) Other factors exist, such as a very vegetation or conservation practices
rocky surface, or the land is frequently cannot be established due to weather
flooded, which clearly place all land conditions; and
within the area outside the purview of (6) Available agricultural school
prime farmland. studies, company data, or other sci-
(5) A written notification based on entific data for comparable areas that
scientific findings and soil surveys that demonstrate that the applicant using
land within the proposed mining area his proposed method of reclamation
does not meet the applicability re- will achieve, within a reasonable time
quirements in paragraph (a) of this sec- equivalent or higher levels of yield
tion is submitted to the regulatory au- after mining as existed before mining.
thority by a qualified person other
(f) Consultation with Secretary of Agri-
than the applicant, and is approved by
culture and issuance of permit. (1) The
the regulatory authority.
regulatory authority may grant a per-
(e) Plan for restoration of prime farm-
mit which shall incorporate the plan
land. The applicant shall submit to the
submitted under paragraph (e) of this
regulatory authority a plan for the
section, if it finds in writing that the
mining and restoration of any prime
applicant—
farmland within the proposed permit
boundaries. This plan shall be used by (i) Has the technological capability
the regulatory authority in judging the to restore the prime farmland within
technological capability of the appli- the proposed permit area, within a rea-
cant to restore prime farmlands. The sonable time, to equivalent or higher
plan shall include— levels of yield as nonmined prime farm-
(1) A description of the original un- land in the surrounding area under
disturbed soil profile, as determined equivalent levels of management; and
from a soil survey, showing the depth (ii) Will achieve compliance with the
and thickness of each of the soil hori- standards of paragraph (g) of this sec-
zons that collectively constitute the tion.
root zone of the locally adapted crops (2) Before any permit is issued for
and are to be removed, stored, and re- areas that include prime farmlands,
placed; the regulatory authority shall consult
(2) The proposed method and type of with the Secretary of Agriculture. The
equipment to be used for removal, stor- Secretary of Agriculture will provide a
age, and replacement of the soil in ac- review of the proposed method of soil
cordance with paragraph (g) of this sec- reconstruction and comment on pos-
tion; sible revisions that will result in a
(3) The location of areas to be used more complete and adequate restora-
for the separate stockpiling of the soil tion. The Secretary of Agriculture has
and plans for soil stabilization before assigned his responsibilities under this
redistribution; paragraph to the Administrator of the
(4) If applicable, documentation such U.S. Soil Conservation Service and the
as agricultural school studies or other U.S. Soil Conservation Service will
scientific data from comparable areas carry out the consultation and review
that supports the use of other suitable through their State Conservationist,
material, instead of the A, B or C soil located in each State.
horizon to obtain on the restored area (g) Special requirements. For all prime
equivalent or higher levels of yield as farmlands to be mined and reclaimed,
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§ 716.10 30 CFR Ch. VII (7–1–07 Edition)
the applicant shall meet the following (4) Replace the material from the B
special requirements: horizon, or other suitable material
(1) All soil horizons to be used in the specified in paragraph (g)(1)(ii) or
reconstruction of the soil shall be re- (g)(1)(iii) of this section in such a man-
moved before drilling, blasting, or min- ner as to avoid excessive compaction of
ing ro prevent contaminating the soil overburden and to a thickness com-
horizons with undesirable materials. parable to the root zone that existed in
Where removal of soil horizons result the soil before mining.
in erosion that may cause air and (5) Replace the A horizon or other
water pollution, the regulatory author- suitable soil materials, which will cre-
ity shall specify methods of treatment ate a final soil having an equal or
to control erosion of exposed overbur- greater productive capacity than ex-
den. The permittee shall— isted prior to mining, as the final sur-
face soil layer to the thickness of the
(i) Remove separately the entire A
original soil as determined in para-
horizon or other suitable soil materials
graph (g)(1)(i) of this section in a man-
which will create a final soil having an
ner that—
equal or greater productive capacity
(i) Prevents excess compaction of
than that which existed prior to min- both the surface layer and underlying
ing in a manner that prevents mixing material and reduction of permeability
or contamination with other material to less than 0.06 inch per hour in the
before replacement; upper 20 inches of the reconstructed
(ii) Remove separately the B horizon soil profile; and
of the natural soil or a combination of (ii) Protects the surface layer from
B horizon and underlying C horizon or wind and water erosion before it is
other suitable soil material that will seeded or planted.
create a reconstructed root zone of (6) Apply nutrients and soil amend-
equal or greater productivity capacity ments as needed to establish quick veg-
than that which existed prior to min- etative growth.
ing in a manner that prevents mixing
[42 FR 62691, Dec. 13, 1977; 43 FR 2722, Jan. 19,
or contamination with other material;
1978, as amended at 46 FR 47529, Sept. 28,
and 1981; 46 FR 47721, Sept. 29, 1981]
(iii) Remove separately the under-
lying C horizons or other strata, or a § 716.10 Information collection.
combination of such horizons or other The Office of Management and Budg-
strata, to be used instead of the B hori- et has determined that the information
zon that are of equal or greater thick- collection requirements contained in 30
ness and that can be shown to be equal CFR part 716 do not require approval
or more favorable for plant growth under the Paperwork Reduction Act.
than the B horizon, and that when re-
placed will create in the reconstructed [59 FR 43420, Aug. 23, 1994]
soil a final root zone of comparable
depth and quality to that which existed PART 717—UNDERGROUND MIN-
in the natural soil. ING GENERAL PERFORMANCE
(2) If stockpiling of soil horizons is STANDARDS
allowed by the regulatory authority in
lieu of immediate replacement, the A Sec.
horizon and B horizon must be stored 717.10 Information collection.
717.11 General obligations.
separately from each other. The stock-
717.12 Signs and markers.
piles must be placed within the permit 717.13 [Reserved]
area and where they will not be dis- 717.14 Backfilling and grading of road cuts,
turbed or exposed to excessive erosion mine entry area cuts, and other surface
by water or wind before the stockpiled work areas.
horizons can be redistributed on ter- 717.15 Disposal of excess rock and earth ma-
rain graded to final contour. Stockpiles terials on surface areas.
717.16 [Reserved]
in place for more than 30 days must
717.17 Protection of the hydrologic system.
meet the requirements of § 715.16(c). 717.18 Dams constructed of or impounding
(3) Scarify the final graded land be- waste material.
fore the soil horizons are replaced. 717.19 [Reserved]
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