ALABAMA SURFACE MINING COMMISSION ADMINISTRATIVE CODE

CHAPTER 880-X-10E PERFORMANCE STANDARDS SPECIAL PERFORMANCE STANDARDS -- CONCURRENT SURFACE AND UNDERGROUND MINING

TABLE OF CONTENTS

880-X-10E-.01 Scope

880-X-10E-.02 Objective

880-X-10E-.03 Responsibilities

880-X-10E-.04 Applicability

880-X-10E-.05 Compliance With Variance Terms

880-X-10E-.06 Additional Performance Standards

880-X-10E-.01 Scope. This Rule sets forth the minimum performance standards with which each person who combines surface mining activities with underground mining activities must comply under a variance from the requirement that reclamation efforts proceed as contemporaneously as practicable for specific areas within the permit area.

Author:

Statutory Authority: Code of Ala. 1975, 9-16-71, 73, 74, 75, 76, 80, 84, 85, 90, 91, 92.

History:

880-X-10E-.02 Objective. The objective of this Rule is to ensure the maximum practicable recovery of coal resources and to avoid multiple disturbances of surface lands or waters.

Author:

Statutory Authority: Code of Ala. 1975, 9-16-71, 73, 74, 75, 76, 80, 84, 85, 90, 91, 92.

History:

880-X-10E-.03 Responsibilities.

(1) The State Regulatory Authority shall review and grant or deny requests for variances from the requirement that reclamation efforts proceed as contemporaneously as practicable in accordance with Rule 880-X-8J-.09 and this Rule.

(2) The person who conducts combined surface and underground mining activities shall comply with the provisions of this Rule.

Author:

Statutory Authority: Code of Ala. 1975, 9-16-71, 73, 74, 75, 76, 80, 84, 85, 90, 91, 92.

History:

880-X-10E-.04 Applicability. A variance under this Rule applies only to those specific areas within the permit area that the person conducting combined surface and underground mining activities has shown to be necessary for implementing the proposed concurrent operations and that the State Regulatory Authority has approved in the permit under Rule 880-X-8J-.09. The variance is effective for any particular portion of the permit area only for the time necessary to facilitate the authorized underground mining activities.

Author:

Statutory Authority: Code of Ala. 1975, 9-16-71, 73, 74, 75, 76, 80, 84, 85, 90, 91, 92.

History:

880-X-10E-.05 Compliance With Variance Terms.

(1) Each person who conducts operations under a variance issued under Rule 880-X-8J-.09 shall comply with all applicable requirements of this Chapter, except to the extent that --

(a) A delay in compliance with these requirements is specifically authorized by the variance issued under the permit; and

(b) The delay in compliance is necessary to achieve the purposes for which the variance was granted.

(2) Each person who conducts activities under a variance issued under Rule 880-X-8J-.09 shall comply with each requirement of the variance as set forth in the permit.

Author:

Statutory Authority: Code of Ala. 1975, 9-16-71, 73, 74, 75, 76, 80, 84, 85, 90, 91, 92.

History:

880-X-10E-.06 Additional Performance Standards. In addition to the requirements of Rules 880-X-10C and 880-X-10D, each person who conducts combined surface and underground mining activities shall comply with the following:

(a) A 500 foot barrier pillar of coal shall be maintained between the surface and underground mining activities in any one seam. The State Regulatory Authority with the concurrence of the Mine Safety and Health Administration, and the Department of Industrial Relations may, however, approve a lesser distance, after a finding by the State Regulatory Authority that mining at a lesser distance will result in --

1. Improved coal resources recovery;

2. Abatement of water pollution; or

3. Elimination of hazards to the health and safety of the public.

(b) The vertical distance between combined surface and underground mining activities working separate seams shall be sufficient to provide for the health and safety of the workers and to prevent surface water from entering the underground workings.

(c) No combined activities shall reduce the protection provided public health and safety below the level of protection required for those activities if conducted without a variance.

Author:

Statutory Authority: Code of Ala. 1975, 9-16-71, 73, 74, 75, 76, 80, 84, 85, 90, 91, 92.

History: