2011-11-10_REVISION - C1981022 - Laserfiche WebLink

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Appeal Deciding Officer Rules: 21 30 CFR § 906.30 V(D)(1) — Determine whether the permit application or application for a permit revision or renewal provides for post- mining land use consistent with the Federal Land Management Agency's (FLMA's) land use plan and determine the adequacy of measures to protect Federal resources under FLMA's jurisdiction not covered by the rights granted by the Federal coal lease. 40 CFR §§ 1505.2 — the record, which may be integrated into any other record prepared by the agency... (c) state whether all practicable means to avoid or minimize environmental harm from the alternative selected have been adopted, and if not, why they were not... 40 CFR §§ 1508.25(b) 1502.14(f), 1502.16(h) - Federal agencies are required to develop, discuss in detail, and identify the likely environmental consequences of proposed mitigation measures. Surface Mining Control and Reclamation Act — 30 USC 1291(28) — (28) "surface coal mining operations" means -- (A) activities conducted on the surface of lands in connection with a surface coal mine or subject to the requirements of section 516 surface operations and surface impacts incident to an underground coal mine the products of which enter commerce or the operations of which directly or indirectly affect interstate commerce. Such activities include excavation for the purpose of obtaining coal including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining, the uses of explosives and blasting, and in situ distillation or retorting, leaching or other chemical or physical processing, and the cleaning, concentrating, or other processing or preparation, loading of coal for interstate commerce at or near the mine site: Provided, however, That such activities do not include the extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 2/3 per centum of the tonnage of minerals removed for purposes of commercial use or sale or coal explorations subject to section 512 of this Act; and (B) the areas upon which such activities occur or where such activities disturb the natural land surface Such areas shall also include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities and for haulage, and excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to such activities 42 USC § 4332(2)(C) - utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decisionmaking which may have an impact on man's environment.