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~`~ ~ - <br />816.101 Backfilling and Grading (cont.) <br />The third exception is requested in Section 785.18, of the application, a <br />section of the highvall be left open for a possible underground mine portal <br />area. Such an exception cannot be approved as it is presented in the <br />application. <br />Referring to 30 CFR 211.1, it is anted that, for Part 211, "These regulations <br />apply to surface coal mining and reclamation operations on Federal lands...' <br />The proposed operation meets the definitions 'Surface Coal Mining G~eration <br />means: (a) activities conducted on the surface of lands is connect_on with a <br />outface coal mine..., the products of which enter commerce..., and Cb) the <br />areas upon which such activities occur or where such activities disturb the <br />natural land surfaee...Surfaee coal mining and reclamation operations..., <br />This term includes the term 'surface coal mining operations."'(30 CFR 211.2). <br />30 CFR 211.40 (a) specifically requires that" (1) The operator shall: (i) <br />reclaim affected lands pursuant to Lis approved plan, as contemporaneously as <br />practicable with operations... (2) The 'operator shall comply with the <br />requirements of 715.14 of this title for baekfilling, grading, and restoring <br />approximate original contour... ((and)) (18) The driving of any underground <br />openings... from any strip pit shall not be undertaken except as specifically <br />approved by the Regional Director is as approved plan.' <br />Essentially, therefore, is the proposed operation (1) contemporaneous <br />reclamation, as practicable with operations, must occur and must meet 30 CFR <br />715.14 standards, sad (2) anq underground openings to be driven from the pit <br />must be approved as mart of a saecific plan. 30 CF'R 715.14(b)(i)(11) requires <br />that, in the contemporaneous reclamation, the operator must Backfill sad <br />_ grade... to eliminate the highvall.' Indeed, the elimination of highwall is <br />practicable with the applicant's proposed operations as it is to be carried <br />out is the contemporaneous reclamation of other mined areas. <br />~+np approval, direct or implied, to leave a highwall open, therefore, must be <br />based on the 30 CFR 211.40(a)(18) approval of the Regional Director to drive <br />as underground opening from the pit. If to be used for underground mining, <br />such requires the applicant to provide a mining plan which will meet the <br />performance standards of 30 CFR 211.4 and 211.40, including specific approval <br />of uadergrouad mining on Federal lands, (30 CFR 211.10(c)(6)(vii)). 30 CFR <br />211.40(b) contains a large number of standards "applicable to all coal <br />exploration, development, mining, preparation, handling, and retlamation <br />operations for the surface effects of uadergrouad mines on land subject to <br />thin part. As no underground mining and reclamation plan has been submitted, <br />no analysis of apparent compliance with these regulations is possible. <br />Finally, 30 CFR 211.4(b) specifies that "Coal mining operations shall be <br />conducted so as to ensure the extraction of Che coal resource to the maximum <br />extent possible.... so that future environmental disturbance through she <br />~ resumption of mining will be minimized;' sad 211.30 states that 'Underground <br />mining operations shall be conducted so as to yield the maximum recovery of <br />the coal deposits consistent with the protection and use of other natural <br />