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