880-X-8I-.01 Scope. This Rule provides the requirements for the mining operations and reclamation plan portions of applications for permits for surface operations and impacts incident to an underground coal mine (referred to as surface operations hereafter in this Rule) except to the extent that different requirements for those plans are established under Rule 880-X-8J.

Statutory Authority: Code of Ala. 1975, §§9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.

880-X-8I-.02 Objectives. The objectives of this Rule are to ensure that the State Regulatory Authority is provided with comprehensive and reliable information on proposed surface operations, and to ensure that those activities are allowed to be conducted only in compliance with the Act and these regulations.

Statutory Authority: Code of Ala. 1975, §§9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.

880-X-8I-.03 Responsibilities.

(1) It is the responsibility of the applicant to provide to the State Regulatory Authority all of the information required by this Rule, except where specifically exempted in this Rule.

(2) It is the responsibility of other State governmental agencies to provide information to the State Regulatory Authority where specifically required in this Rule.

Statutory Authority: Code of Ala. 1975, §§9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.

880-X-8I-.04 Cross Sections, Maps And Plans: General Requirements.

(1) Permit maps required by these regulations shall be prepared by or under the supervision of and certified by a qualified registered professional engineer or registered land surveyor.

(2) Cross sections and other maps required by these regulations shall be prepared by or under the direction of and certified by a qualified registered professional engineer or a professional geologist, with assistance from experts in related fields such as land surveying and landscape architecture.

(3) Design plans required by these regulations shall be prepared by or under the direction of and certified by a qualified registered professional engineer.

Statutory Authority: Code of Ala. 1975, §§9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.

880-X-8I-.05 Operation Plan: General Requirements.

Each application shall contain a description of the surface operations to be conducted within the proposed permit area, including, at a minimum, the following:

(a) A description of the methods, of procedures and proposed engineering techniques and the major equipment to be used for all aspects of those operations.

(b) A description of the sequence and timing of the disturbing of sub-areas (shown on the permit map as required in Rule 880-X-8I-.07) of the permit area for which individual bonds will be obtained, over the total life of the proposed permit.

(c) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facilities is necessary for postmining land use as specified in Rule 880-X-10D-.64) --

1. Coal removal, handling, storage, cleaning, and transportation structures and facilities;

2. Spoil, coal processing waste, and non-coal waste removal, handling, storage, transportation, and disposal structures and facilities.

3. Mine facilities; and

4. Water pollution control facilities.

Statutory Authority: Code of Ala. 1975, §§9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.

880-X-8I-.06 Operation Plan: Existing Structures.

(1) Each application shall contain a description of each existing surface structure proposed to be used in connection with or to facilitate the underground coal mining operation. The description shall include --

(a) Location;

(b) Plans of the structure which describe its current condition;

(c) Approximate dates on which construction of the existing structure was begun and completed; and

(d) Evidence, including relevant monitoring data, whether or not the structure meets the performance standards of Chapter 880-X-10 of these regulations.

(2) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for the use in connection with or to facilitate the underground coal mining operation. The compliance plan shall include --

(a) Design specifications for the modification or reconstruction of the structure to meet the performance standards of Chapter 880-X-10 of these regulations;

(b) A construction schedule which shows dates for beginning and completing final reconstruction;

(c) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of Chapter 880-X-10 of these regulations are met; and

(d) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

Statutory Authority: Code of Ala. 1975, §§9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.

880-X-8I-.07 Operation Plan: Permit Map(s).

(1) The application shall include a permit map(s) showing --

(a) All boundaries of lands and names of present owners of record of those lands, both surface and subsurface (coal), within or abutting the permit area;

(b) The boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin surface operations;

(c) The boundaries of all areas proposed to be disturbed, with subareas of the permit area for which it is anticipated that individual bonds will be obtained;

(d) The location of all buildings within 1,000 feet of the proposed permit area, with identification of the current use of the buildings;

(e) The location of surface and subsurface man-made features within, passing through, or passing over the proposed permit area and adjacent areas, including, but not limited to, major electric transmission lines, pipelines, agricultural drainage tile fields, and the location by name, where known, of all active roads and railroads, right-of-ways, lakes, ponds, springs, and streams;

(f) Each public road located in or within 100 feet of the proposed permit area;

(g) The boundaries of any public park and locations of any cultural or historic resources listed on or eligible for listing on the National Register of Historic Places and known significant archaeological sites within the permit area or adjacent areas;

(h) Each public or private cemetery, Indian burial ground, or other area where human bodies are interred, that is located in or within 100 feet of the proposed permit area;

(i) Any land within the proposed permit area and adjacent area which is within the boundaries of any units of the State or National Park System, the National Wildlife Refuge System, the National Wilderness Preservation System, National Recreation areas designated by Act of Congress, the National System of Trails or the Wild and Scenic Rivers System, including study rivers designated under Section 5(a) of the Wild and Scenic Rivers Act; and

(j) Location of any areas in or adjacent to the proposed permit area which are designated as unsuitable for surface mining operations or have a valid petition pending for such designation;

(k) Location of any threatened or endangered species and associated critical habitat located in or adjacent to the proposed permit area;

(l) Location and extent of existing or previously surface mined areas within the proposed permit area;

(m) Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface within the proposed permit area and adjacent areas;

(n) Location of constructed or natural drains, irrigation ditches and any discharges to any surface body of water within the proposed permit area and adjacent areas;

(o) Location and dimensions or extent of areas of existing and proposed spoil, waste and non-coal waste disposal, dams, embankments, settling ponds, and other impoundments, and water treatment and air pollution control facilities, haul roads, and stockpile areas within the proposed permit area;

(p) Sufficient slope measurement to adequately represent the existing land surface configuration of the proposed permit area, measured and recorded according to the following:

1. Each measurement shall consist of an angle of inclination along the prevailing slope extending 100 linear feet above and below or beyond the coal outcrop or the area to be disturbed or, where this is impractical, at locations specified by the Regulatory Authority.

2. Where the area has been previously mined, the measurements shall extend at least 100 feet beyond the limits of mining disturbances, or any other distance determined by the Regulatory Authority to be representative of the premining configuration of the land.

3. Slope measurements shall take into account natural variations in slope, to provide accurate representation of the range of natural slopes and reflect geomorphic differences of the area to be disturbed.

(2) The permit map required by these regulations shall meet the following standard requirements --

(a) Maximum overall sheet size shall be 30" by 42". If more than one sheet is required, match lines shall be clearly defined.

(b) Map scale shall be no more than 1" = 500' and must show clearly the affected topography of the area to be mined. Other scales may be approved on a case-by-case basis by the State Regulatory Authority.

(c) A title block which shall include --

1. Name of proposed permittee;

2. Location of mine by section, township, range, county, and U.S.G.S. topographic map(s) name;

3. Scale;

4. Date map prepared; and

5. Name of individual or firm responsible for map preparation.

(d) Certificate: The map shall be certified by the appropriate individual as specified in Rule 880-X-8I-.04 and contain a statement that the map is true and accurate to the best of his knowledge and belief on the date of certification.

The certificate should be dated within 30 days of the date of submittal. Each map shall be individually dated and signed on the print, and shall have affixed the seal or stamp of that individual.

(e) Vicinity map: The vicinity map shall accompany the permit map and shall have a minimum scale of 1" = 2 miles; showing a minimum of one township with numbered sections, and shall include --

1. A north arrow; and

2. A shaded area representing total area permitted.

(f) Legend. The legend shall clearly and readily identify all symbols and representations on the map including each bond increment, its acreage (itemized as actual mining area and incidental facilities) to the nearest whole acre. For reproduction purposes appropriate symbols, shading, or cross-hatching may be used to identify those elements required by these regulations.

Note: For maps that have more than one sheet, the title block, certificate, vicinity map, and legend may be put on one sheet only.

(g) North arrow;

(h) Contour intervals must be adequate to indicate drainage pattern, and of no less frequency than that of the applicable U.S.G.S. topographical map. Elevation must be based on mean sea level.

(i) Section lines and sixteenth section lines must be shown.

(j) The boundaries of the county(s) and any municipalities and their police jurisdictions, from under which coal will be mined or severed, shall be shown.

(3) Revised permit map(s) shall be submitted to the State Regulatory Authority when changes are made in timing, sequence, or size of the areas to be bonded, and when requesting bond releases if the area to be released differs from that specified on the original operation plan and permit map.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, §§9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.

History: May 20, 1982. Amended: November 14, 1989; effective: March 7, 1991. Amended: Filed September 21, 1993; effective November 20, 1993. Amended: Filed July 27, 1998; effective August 31, 1998; operative January 3, 1999.

Ed. Note: On December 4, 1998, the Office of Surface Mining approved this rulemaking adopted by the commission on July 16, 1998. The effective date of this rule will be January 3, 1999.

880-X-8I-.08 Reclamation Plan: General Requirements.

(1) Each application shall contain a plan for reclamation of the lands within the proposed permit area, showing how the applicant will comply with the environmental protection performance standards in Rule 880-X-10D.

(2) Each plan shall contain the following information for the proposed permit area --

(a) A detailed timetable for the completion of each major step in the reclamation plan;

(b) A detailed estimate of the cost of reclamation per acre of the proposed operations required to be covered by a performance bond under Chapter 880-X-9 of these regulations, with supporting calculations for the estimates;

(c) A plan for backfilling, soil stabilization, compacting, and grading, with contour maps or cross sections that show the anticipated final surface configuration of the proposed permit area, in accordance with Rules 880-X-10D-.48 - 880-X-10D-.51;

(d) A plan for removal, storage, and redistribution of topsoil, subsoil and other material to meet the requirements of Rules 880-X-10D-.07 - 880-X-10D-.11. A demonstration of the suitability of topsoil substitutes or supplements shall be based upon analysis of the thickness of soil horizons, total depth, texture, percent coarse fragments, pH, and areal extent of the different kinds of soils. The regulatory authority may require other chemical and physical analyses, field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of the topsoil substitutes or supplements;

(e) A plan for revegetation as required in Rules 880-X-10D-.52 - 880-X-10D-.57 and 880-X-10D-.45(4)(f)-(4)(h), if applicable, including, but not limited to, descriptions of the --

1. Schedule of revegetation;

2. Species and amounts per acre of seeds and seedlings to be used;

3. Methods to be used in planting and seeding;

4. Mulching techniques;

5. Irrigation, if appropriate, and pest and disease control measures, if any;

6. Measures proposed to be used to determine the success of revegetation as required in Rule 880-X-10D-.56; and

7. A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation.

(f) A description of steps to be taken to comply with the performance standards relating to fish and wildlife contained in Rule 880-X-10D-.45. This description shall include but not be limited to any relevant onsite and/or published background information necessary to achieve compliance with Rule 880-X-10D-.45.

(g) A description of the measures to be used to maximize the use and conservation of the coal resource as required in Rule 880-X-10D-.27;

(h) A description of measures to be employed to ensure that all debris acid-forming and toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with Rules 880-X-10D-.41 and 880-X-10D-.50 and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;

(i) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case, or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area in accordance with 30 CFR 75.1711 and Rules 880-X-10D-.04 - 880-X-10D-.06; and

(j) A description of steps to be taken to comply with the requirements of applicable water quality laws and regulations and health and safety standards.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, §§9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.

History: Filed May 20, 1982. Amended: Filed April 25, 2000; effective May 30, 2000; operative July 22, 2000.

880-X-8I-.09 Underground Development Waste. Each plan shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal methods and sites for placing underground development waste and excess spoil generated at surface areas affected by surface operations, facilities, according to Rule 880-X-10D-.33. Each plan shall describe the geotechnical investigation, design, construction, operation, maintenance and removal, if appropriate, of the structures and be prepared according to Rule 880-X-8F-.16.

Statutory Authority: Code of Ala. 1975, §§9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.

880-X-8I-.10 Subsidence Control Plan.

(1) Pre-subsidence survey. Each application must include:

(a) A map of the permit and adjacent areas at a scale of 1:12,000, or larger if determined necessary by the Regulatory Authority, showing the location and type of structures and renewable resource lands that subsidence may materially damage or for which the value or reasonably foreseeable use may be diminished by subsidence, and showing the location and type of drinking, domestic, and residential water supplies that could be contaminated, diminished, or interrupted by subsidence.

(b) A narrative indicating whether subsidence, if it occurred, could cause material damage to or diminish the value or reasonably foreseeable use of such structures or renewable resource lands or could contaminate, diminish, or interrupt drinking, domestic, or residential water supplies.

(c) A survey of the condition of all non-commercial buildings or occupied residential dwellings and structures related thereto, that may be materially damaged or for which the reasonably foreseeable use may be diminished by subsidence, within the area encompassed by the applicable angle of draw; as well as a survey of the quantity and quality of all drinking, domestic, and residential water supplies within the permit area and adjacent area that could be contaminated, diminished, or interrupted by subsidence. If the applicant cannot make this survey because the owner will not allow access to the site, the applicant will notify the owner, in writing, of the effect that denial of access will have as described in 880-X-10D-.58(3)(d). The applicant must pay for any technical assessment or engineering evaluation used to determine the pre-mining condition or value of such non-commercial buildings or occupied residential dwellings and structures related thereto and the quantity and quality of drinking, domestic, or residential water supplies. The applicant must provide copies of the survey and any technical assessment or engineering evaluation to the property owner and Regulatory Authority.

(2) If the survey conducted under paragraph (1) of this section shows that no such structures or renewable resource lands exist, or no such material damage or diminution could be caused in the event of mine subsidence, and if the Regulatory Authority agrees with such conclusion, no further information need be provided in the application under this section. In the event the survey shows that such structures or renewable resource lands exist, or that subsidence could cause material damage or diminution of value or foreseeable use of the land, or if the Regulatory Authority determines that such damage or diminution could occur, the application shall include a subsidence control plan which shall contain the following information:

(a) A description of the method of coal removal, such as longwall mining, room and pillar removal, hydraulic mining, or other extraction methods, including the size, sequence, and timing for the development of underground workings.

(b) A map of underground workings which describes the location and extent of areas in which planned-subsidence mining methods will be used and which includes all areas where the measures described in paragraphs (d, (e), and (g) of this section will be taken to prevent or minimize subsidence and subsidence-related damage; and, where appropriate, to correct subsidence-related material damage.

(c) A description of the physical conditions, such as depth of cover, seam thickness, and lithology, which affect the likelihood or extent of subsidence and subsidence-related damage.

(d) A description of monitoring, if any, needed to determine the commencement and degree of subsidence so that when appropriate, other measures can be taken to prevent, reduce, or correct material damage in accordance with 880-X-10D-.58(3).

(e) Except for those areas where planned subsidence is projected to be used, a detailed description of the subsidence control measures that will be taken to prevent or minimize subsidence and subsidence-related damage including, but not limited to --

1. Backstowing or backfilling of voids;

2. Leaving support pillars of coal;

3. Leaving areas in which no coal is removed, including a description of the overlying area to be protected by leaving the coal in place; and

4. Taking measures on the surface to prevent material damage or lessening of the value or reasonably foreseeable use of the surface;

(f) A description of the anticipated effects of planned subsidence, if any.

(g) For those areas where planned subsidence is projected to be used, a description of methods to be employed to minimize damage from planned subsidence to non-commercial buildings and occupied residential dwellings and structures related thereto; or the written consent of the owner of the structure or facility that minimization measures not be taken; or, unless the anticipated damage would constitute a threat to health or safety, a demonstration that the costs of minimizing damage exceed the anticipated costs of repair;

(h) A description of the measures to be taken in accordance with 880-X-10D-.12(9) and 880-X-10D-.58(3) of this Chapter to replace adversely affected protected water supplies or to mitigate or remedy any subsidence-related material damage to the land and protected structures; and

(i) Other information specified by the Regulatory Authority as necessary to demonstrate that the operation will be conducted in accordance with the performance standards of Section 880-X-10D-.58 for subsidence control.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, §§9-16-83, 84, 91

History: Original Filed November 14, 1989; effective March 7, 1991. Amended: Filed July 27, 1998; effective August 31, 1998; operative January 3, 1999. Amended: Filed April 25, 2000; effective May 30, 2000; operative July 22, 2000.

Ed. Note: On December 4, 1998, the Office of Surface Mining approved this rulemaking adopted by the commission on July 16, 1998. The effective date of this rule will be January 3, 1999.

880-X-8I-.11 Reclamation Plan: Postmining Land Uses.

(1) Each plan shall contain a description of the proposed use, following reclamation of the land within the proposed permit area including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use policies and plans. This description shall explain --

(a) How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use;

(b) Where a land use different from the premining land use is proposed, all materials needed for approval of the alternative use under Rule 880-X-10D-.64; and

(c) The consideration which has been given to making all of the proposed surface operations consistent with the surface owner plans and applicable State and local land use plans and programs.

(2) The description shall be accompanied by a copy of the comments concerning the proposed use by the legal owner of record of the surface of the proposed permit area and the State and local governmental agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation.

(3) This information may be supplied through a permit revision process near the end of the coal extraction.

Statutory Authority: Code of Ala. 1975, §§9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.

880-X-8I-.12 Reclamation Plan: Siltation Structures, Impoundments, Banks, Dams And Embankments.

(1) General. Each application shall include a general plan for each proposed siltation structure, water impoundment, and coal processing waste bank, dam, or embankment within the proposed permit area.

(a) Each general plan shall --

1. Be prepared by, or under the direction of, and certified by a qualified, registered, professional engineer.

2. Contain a description, map, and cross section of the structure and its location;

3. Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure;

4. Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred; and

5. Contain a certification statement which includes a schedule setting forth the dates that any detailed design plans for structures that are not submitted with the general plan will be submitted to the Alabama Surface Mining Commission. The Alabama Surface Mining Commission shall have approved, in writing, the detailed design plan for a structure before construction of the structure begins.

(b) Impoundments meeting the Class B or C criteria for dams in the U. S. Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60, Oct. 1985), "Earth Dams and Reservoirs," Technical Release No. 60 (TR-60) shall comply with the requirements of this section for structures that meet or exceed the size or other criteria of the Mine Safety and Health Administration (MSHA). The technical release is hereby incorporated by reference. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Copies may be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161, order No. PB 87-157509/AS. Copies can be inspected at the OSM Headquarters Office, Office of Surface Mining Reclamation and Enforcement, Administrative Record, Room 210-SIB, 1951 Constitution Avenue, Washington, DC or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. Each detailed design plan for a structure that meets or exceeds the size or other criteria of MSHA, 30 CFR 77.216(a) shall:

1. Be prepared by, or under the direction of, and certified by a qualified, registered, professional engineer with assistance from experts in related fields such as geology, land surveying, and landscape architecture;

2. Include any geotechnical investigation, design, and construction requirements for the structure;

3. Describe the operation and maintenance requirements for each structure; and

4. Describe the timetable and plans to remove each structure, if appropriate.

(c) Each detailed design plan for a structure that does not meet the size or other criteria of paragraph (1)(b) shall --

1. Be prepared by, or under the direction of, and certified by a qualified, registered, professional engineer.

2. Include any design and construction requirements for the structure, including any required geotechnical information;

3. Describe the operation and maintenance requirements for each structure; and

4. Describe the timetable and plans to remove each structure, if appropriate.

(2) Siltation structures. Siltation structures, shall be designed in compliance with the requirement of 880-X-10D-.17.

(3) Permanent and temporary impoundments.

(a) Permanent and temporary impoundments shall be designed to comply with the requirements of 880-X-10D-.20.

(b) Each plan for an impoundment meeting the size or other criteria of the Mine Safety and Health Administration shall comply with the requirements of 30 CFR 77.216-1 and 77.216-2. The plan required to be submitted to the District Manager of MSHA under 30 CFR 77.216 shall be submitted to the Alabama Surface Mining Commission as part of the permit application in accordance with paragraph (1) of this section.

(c) For an impoundment not meeting the size or other criteria of paragraph (1)(b) the Alabama Surface Mining Commission may establish through the State program approval process engineering design standards that ensure stability comparable to a 1.3 minimum static safety factor in lieu of engineering tests to establish compliance with the minimum static safety factor of 1.3 specified in 880-X-10D-.20(1)(c)2.

(4) Coal processing waste banks. Coal processing waste banks shall be designed to comply with the requirements of 880-X-10D-.34 - 880-X-10D-.37.

(5) Coal processing waste dams and embankments. Coal processing waste dams and embankments shall be designed to comply with the requirements of 880-X-10D-.34 - 880-X-10D-.37. Each plan shall comply with the requirements of the Mine Safety and Health Administration, 30 CFR 77.216-1 and 77.216-2, and shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer or engineering geologist, according to the following:

(a) The number, location, and depth of borings and test pits shall be determined using current prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions.

(b) The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered.

(c) All springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan.

(d) Consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.

(6) If the structure meets the Class B or C criteria for dams in TR-60 or meets the size or other criteria of 30 CFR 77.216(a), each plan under paragraphs (2), (3), and (5) of this section shall include a stability analysis of the structure. The stability analysis shall include, but not be limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, §§9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 92, 96.

History: May 20, 1982; Amended: September 18, 1990; effective: August 2, 1991. Amended: Filed July 27, 1998; effective August 31, 1998; operative January 3, 1999.

Ed. Note: On December 4, 1998, the Office of Surface Mining approved this rulemaking adopted by the commission on July 16, 1998. The effective date of this rule will be January 3, 1999.

880-X-8I-.13 Diversions. Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with Rules 880-X-10D-.14 - 880-X-10D-.15.

Statutory Authority: Code of Ala. 1975, §§9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.

880-X-8I-.14 Protection Of Public Parks And Historic Places.

(1) For any publicly owned parks or any places listed on the National Register of Historic Places that may be adversely affected by the proposed operation, each plan shall describe the measures to be used:

(a) To prevent adverse impacts, or

(b) If valid existing rights exist or joint agency approval is to be obtained under Rule 880-X-7B-.07(6) of these regulations, to minimize adverse impacts.

(2) The Regulatory Authority may require the applicant to protect historic or archaeological properties listed on or eligible for listing on the National Register of Historic Places through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance provided that the required measures are completed before the properties are affected by any mining operation.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, §§9-16-71, et seq.

History: May 20, 1982. Amended: November 14, 1989; effective: March 7, 1991.

880-X-8I-.15 Relocation Or Use Of Public Roads. Each application shall describe, with appropriate maps and cross-sections, the measures to be used to ensure that the interests of the public and landowners affected are protected if, under Rule 880-X-7B-.09 the applicant seeks to have the State Regulatory Authority approve --

(a) Conducting the proposed surface operations and impacts incident to an underground coal mine within 100 feet of the right-of-way line of any public road, except where mine access or haul roads join the right-of-way; or

(b) Relocating a public road.

Author: Alabama Surface Mining Commission

Statutory Authority: Code of Ala. 1975, §§9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.

History: Amended: Filed August 23, 2001; effective September 27, 2001.

Ed. Note: On February 5, 2002, the Office of Surface Mining approved this rulemaking adopted by the commission on August 16, 2001. The effective date of this rule will be March 7, 2002.

880-X-8I-.16 Return Of Coal Processing Waste To Abandoned Underground Workings.

(1) Each plan shall describe the design, operation and maintenance of any proposed coal processing waste disposal facility, including flow diagrams and any other necessary drawings and maps, for the approval of the State Regulatory Authority and the Mine Safety and Health Administration under Rule 880-X-10D-.34(6).

(2) Each plan shall describe the source and quality of waste to be stowed, area to be backfilled, percent of the mine void to be filled, method of constructing underground retaining walls, influence of the backfilling operation on active underground mine operations, surface area to be supported by the backfill, and the anticipated occurrence of surface effects following backfilling.

(3) The applicant shall describe the source of the hydraulic transport mediums, method of dewatering the placed backfill, retainment of water underground, treatment of water if released to surface streams, and the effect on the hydrologic regime.

(4) The plan shall describe each permanent monitoring well to be located in the backfilled area, the stratum underlying the mined coal, and gradient from the backfilled area.

(5) The requirements of Paragraphs (1), (2), (3), and (4) of this Rule shall also apply to pneumatic backfilling operations, except where the operations are exempted by the State Regulatory Authority from requirements specifying hydrologic monitoring.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, §§9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.

History: May 20, 1982. Amended: Filed September 21, 1993; effective November 20, 1993.

880-X-8I-.17 Road Systems.

(1) Plans and drawings. Each applicant for an underground coal mining and reclamation permit shall submit plans and drawings for each road, as defined in 880-X-2A-.06, to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall --

(a) Include a map, appropriate cross sections, design drawings, and specifications for road widths, gradients, surfacing materials, cuts, fill embankments, culverts, bridges, drainage ditches, low-water crossings, and drainage structures;

(b) Contain the drawings and specifications of each proposed road that is located in the channel of an intermittent or perennial stream, as necessary for approval of the road by the Alabama Surface Mining Commission in accordance with 880-X-10D-.65(4)(a);

(c) Contain the drawings and specifications for each proposed ford of perennial or intermittent streams that is used as a temporary route, as necessary for approval of the ford by the Alabama Surface Mining Commission in accordance with 880-X-10D-.66(3)(b);

(d) Contain a description of measures to be taken to obtain approval of the Alabama Surface Mining Commission for alteration or relocation of a natural stream channel under 880-X-10D-.66(4)(e);

(e) Contain the drawings and specifications for each low-water crossing of perennial or intermittent stream channels so that the Alabama Surface Mining Commission can maximize the protection of the stream in accordance with 880-X-10D-.66(4)(f); and

(f) Describe the plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.

(2) Primary road certification. The plans and drawings for each primary road shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer, experienced in the design and construction of roads, as meeting the requirements of these regulations; current, prudent engineering practices; and any design criteria established by the Alabama Surface Mining Commission.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, §§9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.

History: May 20, 1982. Amended: September 18, 1990; effective August 2, 1991.

880-X-8I-.18 Fish And Wildlife - Protection And Enhancement Plan.

(1) Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable. This description shall --

(a) Be consistent with the requirements of 880-X-10D-.45 of this chapter;

(b) Apply, at a minimum, to species and habitats identified in 880-X-8H-.11(1); and

(c) Include --

1. Protective measures that will be used during the active mining phase of operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity; and

2. Enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the placement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

(2) Fish and Wildlife Service Review. Upon request, the Regulatory Authority shall provide the resource information required in 880-X-8H-.11(1) of this section and the protection and enhancement plan required under paragraph (1) of this section to the U.S. Department of the Interior, Fish and Wildlife Service Regional or Field Office for their review. This information shall be provided within 10 days of receipt of the request from the Service.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, §§9-16-71, et seq.

History: Original Filed November 14, 1989; effective: March 7, 1991.

880-X-8I-.19 Support Facilities. Each applicant for an underground coal mining and reclamation permit shall submit a description, plans, and drawings for each support facility to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall include a map, appropriate cross sections, design drawings, and specifications sufficient to demonstrate compliance with 880-X-10D-.71 for each facility.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, §§9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 92, 96.

History: Original Filed September 18, 1990; effective: August 2, 1991.

(1) The application shall include cross sections, maps, and plans showing--

(a) Elevations and locations of test borings and core samplings;

(b) Elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application;

(c) Nature, depth, and thickness of the coal seams to be mined, any coal or rider seams above the seam to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined;

(d) All coal crop lines and the strike and dip of the coal to be mined within the proposed permit area;

(e) Location and extent of subsurface water, if encountered, within the proposed permit or adjacent areas;

(f) Location, and depth if available, of gas and oil wells within the proposed permit area and water wells in the permit area and adjacent area;

(2) The above information may be shown on the permit map(s) required by 880-X-8I-.07.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, §9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 92, 96.

History: New Rule: Filed July 27, 1998; effective August 31, 1998; operative January 3, 1999.

Ed. Note: On December 4, 1998, the Office of Surface Mining approved this rulemaking adopted by the commission on July 16, 1998. The effective date of this rule will be January 3, 1999.