Laserfiche WebLink
<br /> <br />III. COMMENTS-COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations <br />made during the inspection. Comments in Section IV describe any enforcement actions <br />taken during the inspection and the facts or evidence supporting the enforcement action. <br />Rule 4.05.18 Stream Buffer Zones <br />(1) No land within 100 feet, or greater distance if required by the Division, of a perennial stream, <br />an intermittent stream, or an ephemeral stream with a drainage area greater than one square <br />mile, shall be disturbed by surface and underground coal mining operations unless the Division <br />specifically authorizes surface or underground mining operations closer to, or through such a <br />stream upon finding: <br />(a) That surface coal mining operations will not cause or contribute to the violation of applicable <br />water quality standards; <br />(b) That during and after mining, the water quantity and quality, and other environmental <br />resources of the stream shall not be adversely affected; and <br />(c) If there will be a temporary or permanent stream-channel diversion, the diversion will comply <br />with 4.05.3 and 4.05.4. <br />(2) The area not to be disturbed shall be designated a stream buffer zone and marked as <br />specified in 4.02. <br />Rule 4.16.3 Alternative Land Uses. Alternative land uses may be approved by the Division after <br />consultation with the landowner or the land-management agency having jurisdiction over the <br />lands, if the following criteria are met: <br />(1) The proposed postmining land use is compatible with adjacent land use and, where <br />applicable, with existing local, State, or Federal land use policies and plans: any required <br />approval, including any necessary zoning or other changes required for land by local, State or <br />Federal land management agencies, shall be obtained and remain valid throughout the <br />surface coal mining operations. <br />(2) Where necessary, specific plans shall be prepared and submitted to the Division which <br />show the feasibility of the postmining land use as related to projected land use trends and <br />markets including a schedule showing how the proposed use will be developed and <br />achieved within a reasonable time after mining and will be sustained. The Division may <br />require appropriate demonstrations to show that the planned procedures are feasible, <br />reasonable, and integrated with mining and reclamation, and that the plans would result in <br />successful reclamation. <br />(3) The proposed use will not present actual or probable hazard to public health or safety nor <br />will it pose actual or probable threat of water flow diminution or pollution contrary to State or <br />Federal laws, Rules or Regulations. <br />C-80-007, Page _9_ of _11 _ Pages, (date) _4 February 2002 (initials) _BGW <br />