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  • Title: Interstate Mining Compact Commission
    Descriptive info: .. Who We Are.. What We Do.. Member States.. Publications.. Governing Document.. COALEX Information.. COALEX Topical List.. Conference Info.. IMCC Meeting and Workshop Presentations.. Awards.. Links.. Site Map.. Contact.. Welcome.. The Interstate Mining Compact Commission is a multi-state governmental agency / organization that represents the natural resource and related environmental protection interests of its member states.. First envisioned in 1964, the Commission came into existence in 1970 with the entry of its first four states.. Since that time, 22 additional states have enacted legislation bringing them into the Compact, and 4 additional states have become associate members as they pursue enactment of legislation which will make them full members.. The Commission established its headquarters in the Northern Virginia suburbs of Washington, D.. C.. in 1988.. The states are officially represented  ...   Ryan W.. Ellis - Legislative and Regulatory Affairs Specialist.. Phyllis Plummer - Bookkeeper.. On January 10, 2014, Gregory E.. Conrad, IMCC's Executive Director, presented the following paper titled "The Interstate Mining Compact Commission: Seeking to Secure State Sovereignty in the Minerals Arena" at the Alaska Support Industry Alliance "Meet Alaska" conference in Anchorage.. The paper and accompanying power point (in.. pdf format) are linked here and contain helpful information on the structure and operations of IMCC for anyone seeking to learn more about the organization.. "The Interstate Mining Compact Commission: Seeking to Secure State Sovereignty in the Minerals Arena.. Accompanying Power Point (in.. pdf).. IMCC Members Only Message Board Forum.. Forum.. © Interstate Mining Compact Commission.. 445-A Carlisle Drive | Herndon, VA 20170 | Tel.. 703.. 709.. 8654 | Fax.. 8655..

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  • Title: Interstate Mining Compact Commission
    Descriptive info: The Commission exercises several powers on behalf of the states, all of which are of a study, recommendatory or consultative nature.. The Commission does not possess regulatory powers, as some Compacts do.. The Commission provides a forum for interstate action and communication on issues of concern to the member states.. It is the potential to stimulate the development and production of each state's mineral wealth through effective regulatory programs that draws many of the states together in the prosecution of the Commission's work.. Given the environmental sensitivities associated with this objective, a significant portion of the Commission's work is dedicated to the environmental protection issues naturally associated with this mineral development.. It is the significant value and clout that comes from compacting together and speaking with a strong, united voice that can make a difference in each state's efforts to implement effective regulatory programs that will conserve natural resources and secure a vibrant state (and thus national) mineral economy.. New issues and initiatives affecting the states are constantly arising.. Some of the current initiatives and issues being pursued by IMCC are listed below.. For a detailed overview of IMCC activities as of the  ...   Public mining and minerals education outreaches.. Some of the issues pursued by IMCC.. Regulatory implementation issues arising under the Surface Mining Control and Reclamation Act (SMCRA) such as: primacy, federal oversight, enforcement, the Applicant/Violator System, bonding, citizen participation, acid mine drainage, national technology transfer, mine placement of coal ash, and environmental protection standards.. Regulation of coal combustion and mine wastes under the Resources Conservation and Recovery Act (RCRA).. Reform of the 1872 Mining Law.. Regulation under the Clean Water Act, including state water quality requirements and groundwater and stormwater regulation.. Inactive and abandoned mine reclamation.. Underground Mine Mapping.. Financial assurance requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).. Technology Transfer.. Mine Safety and Health Issues.. Zoning and other land use restrictions.. Committees.. Abandoned Mine Lands (AML) and Reauthorization of the AML Program under SMCRA.. Awards.. Education Work Group.. Finance Administrative.. Environmental Affairs, Coal Section.. Environmental Affairs, Noncoal Section.. Mine Safety and Health.. Resolutions.. Photos of Active Mining and Reclamation of one site:.. Russ Sons, Inc.. Russ and Sons No.. 1 Mine,.. Sebastian County, Greenwood, Arkansas (Active Mining).. April 18, 1990.. Sebastian County, Greenwood, Arkansas (Reclamation).. June 15, 1993.. See More Photos..

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  • Title: Interstate Mining Compact Commission
    Descriptive info: Alabama.. Alaska.. Arkansas.. Illinois.. Indiana.. Kentucky.. Louisiana.. Maryland.. Mississippi.. Missouri.. New York.. North Carolina.. North Dakota.. Ohio.. Oklahoma.. Pennsylvania.. South Carolina.. Tennessee.. Texas.. Utah.. Virginia.. West Virginia.. Associate Member States.. Colorado.. Nevada.. New Mexico.. Wyoming.. Member State Contact Information.. The IMCC Membership Directory with state contact information can be accessed here:.. Membership Directory.. Benefits of Membership.. Newsletter - The Compact.. Annual National Reclamation Awards Program.. Annual National Mineral Education Awards Program.. Special Informational Studies and Reports.. Annual Reports of activities.. Membership Directory (Online).. Annual and Mid-Year Meetings and Issue-Specific Workshops.. Interaction opportunities with other states and federal government officials.. Membership.. Commissioner.. Commissioner's.. Official Representative.. Governor Robert J.. Bentley.. Jonathan D.. Barganier, Jr.. Deputy Chief of Staff for Policy.. Office of Governor Robert Bentley.. Governor Sean Parnell.. Ed Fogels.. Deputy Commissioner.. Alaska Department of Natural Resources.. Governor Mike Beebe.. James F.. Stephens.. Director.. Surface Mining Reclamation Division.. Governor Pat Quinn.. Marc Miller.. Department of Natural Resources.. Governor Mike Pence.. Chris Smith.. Deputy Director.. Governor Steven L.. Beshear.. Dr..  ...   of Environmental Conservation.. Governor Pat McCrory.. George Howard.. Governor Jack Dalrymple.. James R.. Deutsch.. Reclamation Division, Public Service Commission.. Governor John R.. Kasich.. Jim Zehringer.. Ohio Department of Natural Resources.. Governor Mary Fallin.. Michael Ming.. Secretary of Energy.. Governor Tom Corbett.. John J.. Stefanko.. Deputy Secretary.. Active and Abandoned Mine Operations.. Governor Nikki Haley.. R.. Craig Kennedy.. South Carolina Mining Council.. Governor Bill Haslam.. Robert J.. Martineau, Jr.. of Environment and Conservation.. Governor Rick Perry.. David J.. Porter.. Railroad Commission of Texas.. Governor Gary R.. Herbert.. John R.. Baza.. Division of Oil, Gas & Mining.. Governor Terry McAuliffe.. Bradley C.. (Butch) Lambert.. Department of Mines, Minerals Energy.. West Virginia.. Governor Earl Ray Tomblin.. Randy Huffman.. Cabinet Secretary.. Department of Environmental Protection.. Associate Membership.. Colorado.. Governor John Hickenlooper.. Virginia Brannon.. Division of Reclamation, Mining and Safety.. Nevada.. Governor Brian Sandoval.. Richard Perry.. Administrator.. Nevada Division of Minerals.. New Mexico.. Governor Susana Martinez.. Fernando Martinez.. Division of Mining and Minerals.. Governor Matt Mead.. Todd Parfitt.. Department of Environmental Quality..

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  • Title: Interstate Mining Compact Commission
    Descriptive info: The Interstate Mining Compact Commission (IMCC) produces several publications which can be viewed in their entirety on this website.. Publications include: The Compact , a newsletter; the annual report; IMCC Membership Directory (online only and updated frequently); Strategies for Action, the IMCC strategic plan; Noncoal Mineral Development Report , a report on noncoal mineral commodities and state regulatory programs in the United States (updated as changes are submitted by states); COALEX Inquiry Reports (see COALEX info for a description of these reports); and the original Compact document which contains the bylaws of the IMCC.. Other publications may be produced periodically and will be made available.. 2013 Annual Report.. 2012 Annual Report.. 2011 Annual Report.. 2010 Annual Report.. 2009 Annual Report.. Bonding Report: "Overview of State Financial Assurance Programs for Mine Reclamation" August 2013 State Bonding Survey Responses (SEE: separate link for 2014 Self-Bonding Survey).. April 2014 IMCC Executive Director's Report on Activities of the Compact and Performance Goals.. Mine Mapping Survey.. Noncoal Mineral  ...   2000.. May 2001.. August 2001.. November 2001.. March 2002.. June 2002.. September 2002.. December 2002.. The Compact Forum.. April 2003.. July 2003.. October 2003.. January 2004.. May 2004.. September 2004.. December 2004.. June 2005.. November 2005.. March 2006.. June 2006.. October 2006.. December 2006.. March 2007.. June 2007.. October 2007.. December 2007.. April 2008.. June 2008.. September 2008.. March 2009.. June 2009.. November/December 2009.. May/June 2010.. May/June 2010.. pdf download.. NOTE: All issues of the "Compact" Newsletter starting in September 2010 will be distributed only via email and will be added here in Acrobat (.. pdf) format.. We will no longer be publishing the printed version.. You will need to have the free Acrobat Reader installed on your computer in order to access the newsletters.. You can download the program here:.. Acrobat Download Site.. September 2010.. December 2010.. March/April 2011.. July 2011.. October/November 2011.. February 2012.. June 2012.. September 2012.. December 2012.. May 2013.. August 2013.. November 2013.. March 2014.. June 2014.. September 2014..

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  • Title: Interstate Mining Compact Commission
    Descriptive info: Table Of Contents.. IMCC Background.. Article I.. Article II.. Article III.. Article IV.. Article V.. Article VI.. Article VII.. Article VIII.. Article IX.. Article X.. IMCC Bylaws.. Text of Suggested State Enabling Act..

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  • Title: Interstate Mining Compact Commission
    Descriptive info: WHAT IS COALEX?.. COALEX is an automated legal research data base maintained by the Office of Surface Mining Reclamation and Enforcement (OSMRE) on the Mead Data Central LEXIS computer system.. The Coalex data base is listed under "Surface Mining Materials" in the Environment Library.. The COALEX Search Service was an informational research service which was provided by the Interstate Mining Compact Commission (IMCC) under a grant from OSMRE for many years.. The search service has been discontinued.. Past completed reports are available at request.. THE COALEX SEARCH SERVICE.. The IMCC provided the COALEX Search Service to the states from 1984 to 2010.. Over 300 reports dealing with various topics were compiled.. Four different types of reports were issued:.. State Inquiry Reports are prepared in response to specific requests from state attorneys and regulatory personnel.. Comparison Reports address a topic of general interest, usually a regulatory issue, and make a side-by-side comparison of primacy state regulations, highlighting significant differences.. Significant Issue Reports consist of in-depth reports on topics of general interest, including legislative and regulatory history and  ...   Interior Board of Land Appeals (IBLA) and Administrative Law Judge (ALJ) decisions.. OSMRE policy directives (current and superseded).. Additional information available through the LEXIS computer system includes:.. State and Federal court decisions.. Federal Register notices for all agencies.. Selected state statutes, administrative codes and administrative decisions.. By utilizing these files, specific information pertaining to various topics of interest can be researched.. WHAT IS THE "TOPIC SUMMARY LIST"?.. The following "Topic Summary List" is an index of all COALEX research reports completed.. Reports are listed and identified chronologically by number.. The reports are available to be downloaded from the Office of Surface Mining's website.. www.. osmre.. gov.. If particular attachments are required, contact Greg Conrad or Beth Botsis at the IMCC offices Ph: 703.. 8654.. Many attachments to the reports are quite voluminous and therefore are not included online.. The reports are available free of charge (the cost of postage may be charged for inquiries by persons other than state personnel when bulky attachments are included).. Some of the regulatory material is also available on the OSMRE website..

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  • Title: Interstate Mining Compact Commission
    Descriptive info: REPORT NUMBER TOPIC AND INQUIRY.. Copies of the reports can be downloaded from the Office of Surface Mining's website at.. gov.. 1 TOPIC: INDIAN BURIAL GROUNDS ARCHAEOLOGY.. INQUIRY: Does any state have performance standards to protect archaeological sites discovered? Of particular interest are standards relating to Indian Burial Grounds.. 2 TOPIC: PENALTY ASSESSMENT ADMINISTRATIVE PROCEEDINGS.. INQUIRY: If an administrative agency fails to notify a coal operator of a proposed penalty assessment within 30 days, are there any cases indicating that the reviewing board must demonstrate prejudice prior to vacating the penalty? Are there any Board or ALJ decisions regarding this issue?.. 3 TOPIC: PERFORMANCE BONDS OUTSTANDING CIVIL PENALTIES.. INQUIRY: Performance bonds are posted to ensure that conditions of the permit and the regulations are fully met.. If a company completes the required reclamation, but during the permit period has been assessed civil penalties, can the Regulatory Authority go against the performance bond for payment of any outstanding penalties?.. 4 TOPIC: CORPORATE OFFICER LIABILITY.. INQUIRY: Under SMCRA, when a corporate permittee is in violation the corporate officers can be held liable.. When should the Regulatory Authority send an assessment to the corporate officer and how much due process is he entitled to? (SMCRA 518(f), 30 USC 1268(f)).. 5 TOPIC: BOND FORFEITURE.. INQUIRY: Search states for cases where the Regulatory Authority has forfeited bond which is in excess of cost of reclamation.. Question: Can the state forfeit the total amount of the bond even though it is in an amount greater than the cost of reclamation or must part of it be returned to the permittee or surety company?.. 6 TOPIC: COURT OPINION.. INQUIRY: Request for copy of decision, Virginia Citizens for Better Reclamation, Inc.. v.. James Watt, Secretary of the Interior.. 7 TOPIC: HYDROLOGIC & GEOLOGIC PERMIT REQUIREMENTS.. INQUIRY: What methods are utilized by West Virginia, Virginia, Pennsylvania, Ohio and Indiana to fulfill hydrologic and geologic data collection and monitoring requirements?.. 8 TOPIC: COURT OPINION.. INQUIRY: Requested copy of Sierra Club v.. Clark.. 9 TOPIC: INDIAN LANDS.. INQUIRY: Conduct a search of the legislative history of Public Law 95-87, Section 701.. 9 (Definition of Indian Lands) and Section 710 (Indian Lands Study).. Include in the search: Congressional intent and floor debate; applicable reports; the sequence of any changes applied to these sections.. 10 TOPIC: WATER QUALITY & CONTROL POLICY.. INQUIRY: Conduct a search of state regulations concerning water quality and control policy and sediment control structures in southwestern states (Utah, Arizona, Colorado, and Texas).. Interested especially in other state regulations that address the topics cited under New Mexico's Hydrologic Balance Sections 20-45, 20-46, 20-47 and 20-49.. 11 TOPIC: 90-DAY ABATEMENT PERIOD.. INQUIRY: Has there been any case law interpreting the 90-day provision cited in Section 521(a)(3)?.. 12 TOPIC: 750/DAY CIVIL PENALTY.. INQUIRY: Has there been any case law interpreting the $750/day civil penalty provision cited in PL 95087 Section 518(h)?.. 13 TOPIC: VALID EXISTING RIGHTS.. INQUIRY: Do a search on the interpretation of the phrase "valid existing rights" as it is used in SMCRA.. Include within the search congressional intent and federal and state cases that have interpreted its meaning.. Of special interest is the use of the phrase in Sections 522(e)(4) & (5).. 14 TOPIC: SELF-BONDING.. INQUIRY: Identify all states that have a self-bonding provision in their regulatory program.. 15 TOPIC: ABANDONED MINE LANDS: REPROCESSING COAL REFUSE PILES & COAL SILT DAMS.. INQUIRY: Conduct a search of the provisions under state regulatory programs concerning the reprocessing of coal refuse piles and coal silt dams on abandoned mine lands.. Include within the investigation: state rules and regulations; application requirements; bonding requirements; revegetation requirements; and special variance procedures to allow mining activities within these restricted areas.. 16 TOPIC: APPROXIMATE ORIGINAL CONTOUR.. INQUIRY: Investigate the legislative history of the phrase "approximate original contour" (AOC).. 17 TOPIC: PERMIT AND ACREAGE FEES.. INQUIRY: A summary of the permit and acreage fees the various states charge for coal mining permits.. 18 TOPIC: FEDERAL REGISTER COMMENTS.. 30 CFR SECTIONS 816, 817, 771, 775.. INQUIRY: What comments were included in the Federal Register preambles to 30 CFR Sections 816.. 116, 817.. 121(c), 771.. 21(b)(2) and 775.. 11(b)(2)?.. 19 TOPIC: INTERPRETATION OF: IN ACCORDANCE WITH/CONSISTENT WITH.. INQUIRY: Under SMCRA Section 503(a) in order for a state to obtain primacy under the Act, it must enact state law which provides regulation of surface coal mining and reclamation operations "in accordance with the requirements of [the] Act.. " Moreover, the state regulatory program must be "consistent with" the federal regulations promulgated under SMCRA.. Has there been any interpretation of what constitutes "in accordance with" and "consistent with"?.. 20 TOPIC: INTERVENTION/HEARINGS & APPEALS INTEREST RATE/CIVIL PENALTY REIMBURSEMENT.. INQUIRY: This inquiry has two parts: first, under 43 CFR Section 4.. 1110, intervention during an OHA proceeding is granted because of (i) statutory right or (ii) "an interest which is or may be adversely affected by the outcome of the proceeding".. Have there been any instances of intervention where the petitioner qualified under the second criteria of "adversely affected interest"?.. Second, in SMCRA Section 518(c) the interest rate on reimbursed civil penalty escrow deposits is set at "the rate of 6 percent, or at the prevailing Department of the Treasury rate, whichever is greater".. To our knowledge there are several Department of Treasury rates, depending on the financial vehicle.. Has there been any clarification of which treasury rate is meant by the "prevailing Department of the Treasury rate"?.. 21 TOPIC: DEFINITION OF OPERATOR/PERMIT.. INQUIRY: Under the federal regulatory program, who is considered the "operator" on the permit application? Specifically interested in the case of two owners with only one responsible for the actual mine operation.. Are both owners required to be included on the permit, or only the one responsible for operating the mine?.. 22 TOPIC: DREDGING OPERATIONS.. INQUIRY: In Ohio there is a mining operation called in-stream mining--a dredging operation which takes sand from the stream-bed for industrial minerals.. Are there any state regulations in the COALEX Library which address in-stream operations?.. 23 TOPIC: SUBSIDENCE REGULATIONS.. INQUIRY: Requested latest rules and regulations on subsidence, and any pending decisions or court action.. 24 TOPIC: 16 2/3 EXEMPTION.. INQUIRY: The definition of surface mining operations, SMCRA Section 701(28), specifically excludes 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, sale or exploration subject to Section 512 of the Act.. (See also SMCRA Section 701(14)).. Relative to the 16 2/3 exemption: What is its legislative history? The preamble to the finalized rule 30 CFR 700.. 11(e) is not very informative; is there more information included in the preamble to the proposed rule? What states include the exemption within their regulatory program? Is there any federal litigation addressing the provision?.. 25 TOPIC: PLANNED SUBSIDENCE.. INQUIRY: SMCRA Section 516(b)(1) includes, under the permit requirements, that the operator: "adopt measures consistent with known technology in order to prevent subsidence causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of such surface lands".. An exception is provided for "instances where the technology used requires planned subsidence in a predictable and controlled manner".. What is the legislative history of this? Is there any specific legislative history on the exception provided for planned subsidence? Are there any OHA administrative case law decisions on this provision? Are there any case law decisions involving this statute?.. 26 TOPIC: TRANSPORTATION FACILITIES/SURFACE MINING OPERATIONS; BRIDGES & STRUCTURES/AML ELIGIBILITY.. INQUIRY: (1) To what extent are transportation facilities (railroad, conveyors, ports, etc.. ) part of a surface mining operations? And, to what extent does differing corporate ownership affect whether a transportation facility is part of a surface coal mining operation? (2) With regard to determining land and water eligible for reclamation pursuant to the Abandoned Mine Land Program, were any limits envisioned which would exclude bridges or other certain structures from eligibility under that program; assuming that these structures were built to facilitate coal mining?.. 27 TOPIC: ATTORNEY GENERAL ACTION FOR COLLECTION.. INQUIRY: Under SMCRA, the state regulations specify performance bond forfeiture criteria nd procedures.. Alabama's 1975 Act, which addressed the interim regulations, contains a clause stating that "[n]othing in this Article shall prevent the attorney general from prosecuting violations hereof.. " Ala.. Code Section 9-16-51(d) (1975).. The position presently being argued is regardless of specific bond forfeiture procedures of the 1975 Act, the attorney general should be allowed to file a separate action in the circuit court to obtain collection.. DO any of the other state regulatory programs contain a similar provision? Is there any state case law that supports separate action outside of the administrative bond procedure to obtain collection?.. 28 TOPIC: RECLAMATION OF PREVIOUSLY DISTURBED AREAS.. INQUIRY: A company permits totally a site which was previously mined but unreclaimed by another company.. This permittee redisturbs only a portion of the original area or only conducts incidental disturbance on portions of the previously disturbed area such as sediment basins or haulroads.. Is there any case law defining the permittee's obligation or responsibility to reclaim those portions of the previously disturbed area which were permitted by him but not disturbed?.. 29 TOPIC: CASE INQUIRY.. INQUIRY: Request information on U.. S.. Court of Appeals case, Virginia Department of Conservation v.. Clark, No.. 84-205, (Nov.. 6, 1984), and relevant lower case decisions.. 30 TOPIC: LOADING FACILITY/SURFACE MINING OPERATION.. INQUIRY: Under what circumstances are loading facilities considered a surface coal mining operation, requiring a permit under SMCRA? Has there been any case law interpreting the phrases "at or near" and "in connection with"?.. 31 TOPIC: OPERATOR CERTIFICATION/UNDERGROUND; BONDING COSTS; STATE CIVIL PENALTY DATA/NOV.. INQUIRY: (1) Oklahoma requires superintendent certification for every mine site.. What states do not require superintendent certification? (2) Oklahoma is supplying figures for an OSMRE contracted study on average bonding costs in each state.. Are other states required to supply figures? (3) Oklahoma's civil penalty assessment is considered high.. Need information concerning other states civil penalty data.. (4) What states have variance with regard to NOV's (violations)?.. 32 TOPIC: BOND FORFEITURE--ADDENDUM TO INQUIRY 5.. INQUIRY: State Inquiry Report 5 asked whether regulatory authorities had the authority to forfeit the entire amount of a reclamation bond when the actual cost of reclamation was less than the bonded sum.. Two jurisdictions, Kentucky and Pennsylvania, were identified as recently deciding the issue.. Courts in both state decided the bond was penal in nature and that failure to perform all reclamation requirements resulted in total bond forfeiture, even if reclamation costs were less than the bonded sum.. The purpose of State Inquiry Report 32 is to update the previous report with recent decisions.. 33 TOPIC: ABANDONED MINE LANDS FUND.. INQUIRY: SMCRA Section 404 discusses site eligibility expenditures under the Abandoned Mine Lands Fund.. What is the legislative history of Section 404, particularly with respect to the phrase "no continuing reclamation responsibility under state or federal law".. 34 TOPIC: INCIDENTAL BOUNDARY REVISION.. INQUIRY: (1) Has any state defined the phrase "incidental boundary revisions" in its regulations under SMCRA (Section 511(a)(3))? (2) Once an extension to a permitted area is said to be incidental, what type of information is the permittee required to submit?.. 35 TOPIC: WATER RIGHTS AND REPLACEMENT.. INQUIRY: SMCRA Section 717 requires that an operator replace the water supply of an owner that has been contaminated, diminished, or interrupted by a surface mining operation.. Is there any legislative history or case law addressing the question of what would be considered an acceptable level of water quality for the replacement supply?.. 36 TOPIC: AML FUND/STATE 50% ALLOCATION.. INQUIRY: Under SMCRA Section 402(g)(2), 50% of the AML funds collected within a state with an approved abandoned mine reclamation program are allocated to that state for use by its program.. If the funds have not been expended within three years after their allocation, they become available to be used in any eligible area determined by the Secretary.. Since Tennessee does not currently have primacy, under SMCRA Section 405(c), the 50% state share is held by the Secretary and has subsequently not been allocated to the state.. Is OSM required while administering SMCRA within Tennessee to spend the state's 50% allotment on AML projects within the state? If the money is not expended, does the three year rule apply--thus precluding Tennessee from using the funds for necessary AML projects within its borders?.. 37 TOPIC: ALTERNATIVE BONDING PROGRAMS.. INQUIRY: A report on the bonding and alternative bond system, specifically relating to self-bonding, escrow accounts in lieu of surety or fixed collateral type bonds, bonding for subsidence protection, bonding for demolition of building and other structures, bonding for underground mines, rates and fees, and whether administrative costs are incorporated into the bond amount.. 38 TOPIC: ELIMINATION OF HIGHWALLS.. INQUIRY: Significant issue report.. 39 TOPIC: WATER REPLACEMENT--BOND RELEASE.. INQUIRY: How long does the operator remain liable for water replacement under SMCRA Section 717(b) after the bond release/ In Maryland there is a three year statute of limitations for civil action.. The questions arises as to (i) whether the statute of limitations would apply and (ii) whether the time period would begin at the time of injury or at the time the person discovers the injury.. 40 TOPIC: CESSATION ORDERS, 30 CFR 843.. 11(e).. INQUIRY: What is the regulatory and legislative history of the provisions for vacating, terminating, and modifying cessation orders under 30 CFR Section 843.. 11(e)?.. 41 TOPIC: LEGISLATIVE HISTORY/"OWNED OR CONTROLLED BY".. INQUIRY: What is the legislative history of the language "operation owned or controlled by the applicant" found in Section 510(c) of SMCRA?.. 42 TOPIC: PATTERN OF VIOLATIONS.. INQUIRY: Under SMCRA Section 521(a)(4), a "pattern of violations" may lead to a permit suspension or revocation.. What type of connection must exist between the violations to constitute a "pattern of violations"? In this specific case, several notices of violations have been issued citing different regulations.. The essential set of facts, however, are the same with similar underlying conditions.. Could that be considered a "pattern of violations", even though different regulations have been involved?.. 43 TOPIC: CIVIL PENALTY SYSTEMS.. INQUIRY: State comparison report.. 44 TOPIC: STATES' BOND POOL SYSTEM COAL EXPLORATION REQUIREMENTS.. INQUIRY: Locates statutes or regulatory data on states' bond pool system and identification of state programs that include coal exploration requirements.. 45 TOPIC: TOPSOIL SUBSTITUTES.. 46 TOPIC: ACCESS AND HAUL ROADS.. INQUIRY: What federal standards apply to access and haul roads and which roads are to be included in the mining area acreage?.. 47 TOPIC: 16 2/3 EXEMPTION.. INQUIRY: Are there any recent or pending cases pertaining to the 16 2/3 exemption for the extraction of coal incidental to the extraction of other minerals found at 30 CFR Section 700.. 11(a)(4) and SMCRA Section 701(28)?.. 48 TOPIC: ACCESS AND HAUL ROADS.. 49 TOPIC: PERMIT AND ACREAGE FEES.. 50 TOPIC: BOND RELEASE--ADDENDUM TO INQUIRY 39.. INQUIRY: State Inquiry 30 dealt with an operator's liability after the bond release.. Several cases dealing with this issue were identified.. In Alternate Fuels Inc.. Clark (Jan.. 3, 1985), ALJ Morehouse granted temporary relief to Alternate Fuels pending a decision on the merits.. The purpose of this report is to update the previous report with ALJ Morehouse's recent decision.. 51 TOPIC: PRIME FARMLANDS REGULATIONS.. INQUIRY: The regulation of surface mining on prime farmlands has been a hotly debated topic since the passage of the Surface Mining Control and Reclamation Act of 1977 (SMCRA).. Several court cases have challenged the constitutionality and the legality of these requirements.. As a result, the regulations concerning prime farmlands have undergone numerous changes.. This report traces the legislative history of the prime farmland provisions and discusses the applicable SMCRA sections and OSM regulations.. The "grandfather clause" found at Section 410(d)(2) of SMCRA is not addressed.. 52 TOPIC: ABANDONED MINE LANDS/HEAVY EQUIPMENT.. INQUIRY: Occasionally heavy equipment has been left on abandoned mine sites that are being reclaimed under AML funding.. What legal recourse does the state have in disposal or sale of the abandoned equipment? Is there an incurred liability for damage to the equipment and must the previous owner of the equipment or the landowner be notified and/or reimbursed for its value? In some instances identification of the equipment owner is not possible; in others the landowner, while identified, can not be located.. 53 TOPIC: REVEGETATION REQUIREMENTS.. INQUIRY: Are there any guidelines in the legislative history or regulations that specify when tree cover or fish and wildlife enhancement may be required for the revegetation cover of mined areas? Do any other states contain an effective mechanism that encourages forestry or wildlife enhancement either: (1) on land that was originally forested or (2) on land that did not have forest originally? In particular an investigation of the following state programs would be helpful: Virginia, West Virginia, Ohio and Indiana.. 54 TOPIC: AML FUND ALLOCATION.. INQUIRY: [This report is missing from the Coalex files.. ].. 55 TOPIC: PERMIT DENIAL FOR OUTSTANDING FINES AND BOND FORFEITURES.. INQUIRY: What authority does the state have to deny a permit for an operation where the "Operations Director", but not the owners, has outstanding fines and has had past permit revocation and bond forfeitures?.. 56 TOPIC: APPROXIMATE ORIGINAL CONTOUR.. INQUIRY: Identify all Federal District Court and Office of Hearing and Appeals Decisions which define "approximate original contour".. 57 TOPIC: STATE REGULATORY PROGRAM/"APPLICABLE REQUIREMENTS".. INQUIRY: SMCRA Section 510(b)(5) contains special provisions for alluvial valley floors west of the one-hundredth meridian west longitude.. The question is whether Tennessee needs to include a provision for alluvial valleys in proposed state regulations, even though they would not apply to mining within the state.. Search state regulatory programs to see if other eastern states included provisions with respect to alluvial valleys.. 58 TOPIC: REVEGETATION REQUIREMENTS--ADDENDUM TO REPORT 53.. INQUIRY: Guidelines in the legislative history or regulations that encourage forestry or fish and wildlife enhancement for the revegetation cover of mined areas.. 59 TOPIC: COAL SEVERANCE TAX.. INQUIRY: Identify all states which impose a coal severance tax.. 60 TOPIC: CESSATION ORDER.. INQUIRY: 30 CFR 843.. 11(a)(2) contains a provision designating unpermitted surface coal mining and reclamation operations as constituting a condition or practices which causes or can reasonably be expected to cause significant, imminent environmental harm.. An exemption is included for those operations that are an integral, uninterrupted extension of previously permitted operations, and the person conducting such operations has filed a timely and complete application for a permit to conduct such operations.. Are there any instances where this exemption can inhibit proper regulation of sites where permit renewal is pending? Search other approved state programs to ascertain whether they have adopted this rule.. Also, conduct a search of ALJ rulings and court cases which cite 30 CFR 722.. 11(c) or 843.. 11(a)(2).. 61 TOPIC: 60% BOND RELEASE REQUIREMENTS.. INQUIRY: What is considered necessary to obtain a 60% grading release of bond?.. 62 TOPIC: SMALL OPERATOR ASSISTANCE PROGRAM (SOAP).. INQUIRY: What contracting procedures does each state utilize in its Small Operator Assistance Program (SOAP)? How many applications for assistance were approved in fiscal year 1983084 and what was the average cost for each permit? Please include a copy of each state's SOAP regulations.. 63 TOPIC: POSTMINING LAND USES.. INQUIRY: Have any states developed standards with respect to reclamation of areas which are stated to be used for industrial, commercial, or residential development after mining?.. 64 TOPIC: BLASTER CERTIFICATION.. INQUIRY: Identify the states which have approved blaster certification programs.. 65 TOPIC: SUBSIDENCE REGULATION--EXTRACTION PERCENTAGES.. INQUIRY: Do any states require that a certain percentage of the available coal be left under land capable of supporting renewable resources or land on which there are structures?.. 66 TOPIC: JUDICIAL REVIEW.. INQUIRY: Investigate the legislative history of judicial review under section 526(a)(1) and section 526(e) of SMCRA.. 67 TOPIC: MINE SUBSIDENCE INSURANCE.. INQUIRY: Identify states which have implemented mine subsidence programs.. 68 TOPIC: "SUBSTANTIAL LEGAL AND FINANCIAL COMMITMENTS".. INQUIRY: Research the legislative and regulatory history of the phrase "substantial legal and financial commitments".. 69 TOPIC: REGULATION OF COAL PROCESSING PLANTS.. INQUIRY: Identify the states which have amended their regulations to comply with the July, 1985 revisions to the federal program.. 70 TOPIC: MIDTERM PERMIT REVIEW.. INQUIRY: Research SMCRA Section 511 for the following: (1) legislative history regarding permit review; and (2) state by state procedures for handling midterm permit review.. 71 TOPIC: AML DISCRETIONARY FUND.. INQUIRY: Research the legislative history of section 402(g) of SMCRA.. What sort of guidelines are imposed on the Secretary's expenditures from the discretionary fund?.. 72 TOPIC: OCCUPIED DWELLINGS.. INQUIRY: How do OSM and the different state agencies define "occupied dwelling" as it appears in section 522(e)(5) of the Act?.. 73 TOPIC: IMPOUNDMENT BANKS.. INQUIRY: Are coal mine operators required to reclaim impoundment banks constructed of or impounding coal mine waste?.. 74 TOPIC: CIVIL PENALTY/RECLAMATION REQUIREMENTS.. INQUIRY: May a state regulatory agency impose both civil penalty and reclamation requirements upon an operator mining without a valid permit?.. 75 TOPIC: NOTICES OF VIOLATION ISSUED BY OSM.. INQUIRY: Please research the legislative and regulatory history of Section 521 of SMCRA, with particular emphasis on the authority of OSM to issue notices of violation in states with primacy.. 76 TOPIC: EXPLORATION PERMIT TERMS.. INQUIRY: What states, if any, limit the term of "test burn" permits that allow the removal of more than 250 tons of coal?.. 77 TOPIC: "PATTERN OF VIOLATIONS".. INQUIRY: Please locate any Interior Board of Land Appeals cases which discuss and define the phrase "pattern of violations".. 78 TOPIC: COAL EXPLORATION: DRILLING.. INQUIRY: Please conduct a search of the Federal Register to determine what sort of permitting or notice requirement is necessary to a coal exploration operation which involves only drilling.. What do some of the other states require in this area?.. 79 TOPIC: OVERLAPPING MSHA/SMCRA IMPOUNDMENTS.. INQUIRY: Search the Federal Register to determine if state regulatory authorities are required to issue NOVs for violations of performance standards relating to impoundments which are also required to be inspected by MSHA, if any MSHA inspector has already issued an NOV for the same defect.. 80 TOPIC: DEFINITION OF APPROXIMATE ORIGINAL CONTOUR.. INQUIRY: Survey cases and Federal Register notices discussing the definition of "approximate original contour" appearing in 30 CFR Sections 701.. 5 and 701(2) of SMCRA.. 81 TOPIC: COAL EXPLORATION.. INQUIRY: Please identify the Federal Register notices which pertain to the criteria used for approving coal exploration permits of 250 tons or more.. 82 TOPIC: ACID MINE DRAINAGE ARTICLES.. INQUIRY: Locate any research articles pertaining to innovative techniques used to treat acid mine drainage.. 83 TOPIC: SMALL DEPRESSIONS.. INQUIRY: 30 CFR Sections 816.. 102 and 817.. 102 allow the construction of small depressions if they are needed to retain moisture, minimize erosion, create and enhance wildlife or assist revegetation.. Please research the legislative history of SMCRA to determine how Congress intended to define "small depressions".. 84 TOPIC: AML FUNDING ELIGIBILITY.. INQUIRY: Section 404 of SMCRA discusses site eligibility under Title IV Abandoned Mine Reclamation.. (1) Is damage by subsidence covered under the scope of Title IV? If so, to what extent? (2) Ohio received their permanent program approval in 1981.. What options are available to a state for securing funding for subsidence problems caused by coal operations falling between the enactment of SMCRA and the state's adoption of regulations governing subsidence? (3) Do other states have this problem and if so, how do they deal with it?.. 85 TOPIC: DEFINITION OF "FRAGILE OR HISTORIC LANDS".. INQUIRY: SMCRA Section 522 describes the portion of the Act used for the designation of lands unsuitable for surface coal mining.. (1) What is the legislative history of "fragile or historic lands" as used in Section 522(a)(3)(B)? (2) What is the legislative history concerning "significant damage" to "important resources" as used in this section? (3) What is the legislative history of "state or local land use plans" as used in Section 522(a)(3)(A)?.. 86 TOPIC: DEFINITION OF "OFFSITE".. INQUIRY: This report explores the meaning of the term "offsite" as used in SMCRA and in the OSM regulations.. The legislative history of SMCRA, OSM Federal Register notices, and court decisions which construe the term are discussed.. 87 TOPIC: LEGISLATIVE HISTORY OF SMCRA SECTION 519(C).. INQUIRY: Section 519(c) of SMCRA describes the standards which must be met for an operator to obtain partial bond release.. A search was conducted of the legislative history to determine whether Congress intended for the bond release percentages contained in that section to be strictly applied, or whether the regulatory authority may implement an alternate system.. 88 TOPIC: PRE-EXISTING STRUCTURES.. INQUIRY: This report discusses the definition of pre-existing structures and whether a stream which was diverted from its original channel prior to the enactment of SMCRA would be considered to be a pre-existing structure.. 89 TOPIC: REQUIREMENTS OF SMCRA SECTION 522(a)(4)(B).. INQUIRY: Section 522 of SMCRA describes the provisions of the Act for designating areas unsuitable for surface coal mining.. Section (4)(B) requires that states develop a data base of information to support decisions regarding unsuitability.. This report discusses whether a state is obligated to gather information that is currently not available; in other words, whether the state is required to make its own studies, or whether it may use only available data.. 90 TOPIC: DAMAGE FROM PREVIOUS MINING.. INQUIRY: This report discusses the liability of a permittee for damage caused by previous mining, where subsidence damage from an abandoned underground mine has caused surface damage within the permit area.. Federal and state regulations and court decisions pertaining to this issue are discussed.. 91 TOPIC: CONTINUALLY CREATED VALID EXISTING RIGHTS.. INQUIRY: This report discusses the concept of "continually created valid existing rights.. " The inquiry addresses the situation where, after mining operations begin, a third party erects a dwelling or occupies a previously existing but unoccupied residence within 300 feet of the operation.. 92 TOPIC: SMALL AREA EXEMPTIONS.. INQUIRY: 30 CFR Section 816.. 46(e) creates an exemption from the requirement that an operator construct siltation structures if, among other things, the disturbed drainage area is "small".. This report discusses the regulatory history of the small area exemption and OSM's construction of the term.. 93 TOPIC: WATER RIGHTS AND REPLACEMENT.. INQUIRY: This report discusses the legislative and regulatory history of SMCRA to determine the duration of OSM jurisdiction over, and operator liability for, interim program sites.. Numerous administrative decisions regarding this issue are also discussed.. 94 TOPIC: STATE ABANDONED MINE LAND REGULATIONS.. INQUIRY: Provides examples of state AML program regulations from a number of states, including Arkansas, Virginia and Texas.. 95 TOPIC: COAL EXPLORATION NOTICES: LEGISLATIVE HISTORY.. INQUIRY: Provides extensive legislative history of the coal exploration notice requirements under SMCRA.. 96 TOPIC: MINE SUBSIDENCE INSURANCE--ADDENDUM TO INQUIRY 67.. INQUIRY: Identifies states that have implemented mine subsidence insurance programs.. 97 TOPIC: DEFINITION OF "PERENNIAL STREAM".. INQUIRY: Discusses the definition of "perennial stream" as that term is used in the OSM regulations found at 30 CFR Section 701.. 5.. Selected state regulations were also located to determine similarities and differences in these definitions.. 98 TOPIC: DEFINITION OF "REASONABLE AVAILABLE SPOIL".. INQUIRY: This report traces the regulatory development of the term "reasonably available spoil" as found at 30 CFR Section 816.. 104(b).. 99 TOPIC: BURDEN OF PROOF--SHOW CAUSE ORDERS.. INQUIRY: Which party bears the burden of proof in a hearing on a show cause order?.. 100 TOPIC: LANDOWNER REFUSAL OF ACCESS.. INQUIRY: What is the permittee liability for outstanding reclamation when landowner refuses access?.. 101 TOPIC: PERMIT INFORMATION RE.. THE RIGHT TO SUBSIDE.. INQUIRY: To what extent do states require a permit applicant to submit information regarding the right to subside property in conjunction with a permit application for an underground mining operation where subsidence is anticipated?.. 102 TOPIC: (I) FORFEITURE OF RECLAMATION BONDS--LIABILITY PERIOD.. INQUIRY: The Commonwealth is suing the surety of a now defunct coal company on its reclamation bond.. The company has stated as its defense that the bond covers only work contemplated to be done within one year of the issuance of the permit and does not include the entire permitted site or any additions to the permitted site.. Locate cases which support a contrary position.. TOPIC: (II) CONSTITUTIONALITY OF THE ABANDONED MINE RECLAMATION PROGRAM AND LIABILITY FOR FAILURE TO GIVE NOTICE.. INQUIRY: Are there any cases dealing with the constitutionality of Section 45.. 1-263 of the Code of Virginia, 30 USC Section 1237 or similar state legislation [abandoned mine reclamation program]? Are there any cases dealing with the government's liability for failure to give the notice required under Section 45.. 1-263 of the Code of Virginia of comparable federal or state statute?.. 103 TOPIC: STABILIZATION OF SURFACE AREAS.. INQUIRY: This report discusses OHA and court cases decided after 1983 on 30 CFR 816.. 95 (stabilization of surface areas).. 104 TOPIC: INDIANA ALJ AND IBLA DECISIONS.. INQUIRY: This report identifies a 1988 IBLA decision and the 1985 ALJ decision from which it was appealed re.. Indiana surface coal mining.. 105 TOPIC: BOND FORFEITURE--RELATIONSHIP OF BOND TO PERMITTED AREA.. INQUIRY: The Environmental Hearing Board issued an adjudication on the forfeiture of surface mining bonds.. The Board found numerous violations of the Pennsylvania Surface Mining Act and Regulations on the site.. However, the Board held that the DER had failed to meet its burden to show what bond instrument covered liability for the site where the violation existed.. The Board then vacated the DER bond forfeiture action.. Locate any case law which explains that once violations of law are proven at a mine site, the bonds must be forfeited.. 106 TOPIC: CONSTITUTIONALITY OF THE 300 FOOT WAIVER REQUIREMENT.. INQUIRY: The constitutionality of the 300 foot waiver requirement [mining is not permitted within 300 feet of an occupied dwelling unless waived by the owner thereof] is explored.. 107 TOPIC: EFFLUENT LIMITATION REQUIREMENTS.. INQUIRY: Does a coal company discharging water with a ph level failing to meet effluent limitation requirements have a responsibility to bring up the ph level when the receiving water does not meet the effluent limitation requirements? In particular, if the permit area naturally contains water with a ph level that does not meet the 6.. 0 requirement, does the coal company's discharge off the permit area have to meet the 6.. 0 ph requirement or can the discharge just meet whatever ph level the water on the permit has naturally?.. 108 TOPIC: BANKRUPT SURETY COMPANY.. INQUIRY: Does a bankrupt surety company's estate have priority over the collateral securing a bond when the bond was established for the limited purpose of insuring the required reclamation of a mine site? In particular, in what priority position would the Department, being a state agency and having filed proof of claim, take as to the collateral securing the bond and as to the bankrupt surety's claim against the same collateral?.. 109 TOPIC: DURATION OF MINING PERMITS FOR NON-FUEL MINES.. INQUIRY: Permitting and renewal information was identified for 20 states to address the questions of duration of mining permits for non-fuel mines, renewal procedures, and fees associated with permit renewals.. 110 TOPIC: EXTENSION OF THE 90-DAY ABATEMENT PERIOD FOR "GOOD CAUSE SHOW".. INQUIRY: 30 CFR Section 843.. 12(f) lists five specific circumstances under which an operator may be entitled to an abatement period beyond 90 days for correcting a violation.. 30 USC Section 521(a)(3) provides that an abatement period may be "subsequently extended for good cause show".. Are the five specific circumstances which may justify an extension beyond 90 days exclusive or can such extensions be granted on the basis of other "good cause show"? Locate any state or federal administrative or judicial decisions that may construe the regulations or any legislative history or comments that may suggest an answer to the question posed.. 111 TOPIC: (I) TERMINATION OF JURISDICTION.. INQUIRY: When does the state's authority over a surface mining operation end? After release of the reclamation bond?.. TOPIC: (II) WETLAND TREATMENT OF ACID MINE DRAINAGE.. INQUIRY: What information is available on the use of wetland filters as a means of treating acid mine drainage?.. TOPIC: (III) ACID MINE DRAINAGE OFF THE PERMIT AREA.. INQUIRY: Are there any Interior Office of Hearings and Appeals (OHA) decisions on acid mine water draining beyond the permit boundary?.. 112 TOPIC: REVEGETATION--TIMING.. INQUIRY: This report explores whether cases which discuss 30 CFR 816.. 113 (Ala.. Reg.. Sec.. 880-X-10C-.. 60), define the phrase "first normal period for favorable planting conditions" or specify planting materials.. 113 TOPIC: DEFINITIONS OF SOIL AND MINERAL.. INQUIRY: A permit is required for an operator to extract minerals from the earth.. Is clay which is excavated from a borrow pit and used for fill dirt in construction considered a "mineral" requiring a permit, or "dirt" which would not require a permit for removal? Locate state laws which define "minerals", "soil", or "dirt".. 114 TOPIC: SURVIVAL OF CIVIL PENALTIES.. INQUIRY: Are civil penalties abated upon a permittee's death or do they survive to be assessed against the individual's estate?.. 115 TOPIC: EXEMPTION FOR GOVERNMENT-FINANCED CONSTRUCTION.. INQUIRY: Locate Interior's Office of Hearings and Appeals (OHA) decisions which discuss the exemption from obtaining a mining permit when the extraction of coal is an incidental part of a government-financed construction.. SMCRA Sec.. 528(2) (formerly number Sec.. 528(3)).. 30 CFR Part 707.. 30 CFR Sec.. 700.. 11.. 116 TOPIC: SUBSIDENCE: SIGNIFICANT STATE ISSUES.. INQUIRY: This report consists of remarks of IMCC Executive Director Gregory E.. Conrad on the topic, "Subsidence: An Overview of Significant State Issues" as presented at a seminar entitled "Subsidence: An Industry Under Siege".. 117 TOPIC: (I) HIGHWALL ELIMINATION: REGULATIONS OF INDIANA, TENNESSEE, WEST VIRGINIA, WYOMING, MONTANA.. INQUIRY: According to federal law, all highwalls are to be eliminated.. What is the policy regarding highwall elimination in the following states: Indiana, Tennessee, West Virginia, Wyoming and Montana?.. TOPIC: (II) CONTEMPORANEOUS RECLAMATION: REGULATIONS OF INDIANA, TENNESSEE, WEST VIRGINIA, WYOMING, MONTANA.. INQUIRY: What is the definition of "contemporaneous reclamation"? How do the five states listed above regulate the timing of reclamation?.. 118 TOPIC: MAJOR/MINOR PERMIT REVISIONS.. INQUIRY: How do the following states define "major" or "significant" permit revisions, e.. g.. one to which all permit application information requirements would apply: Indiana, Tennessee, West Virginia, Montana and Wyoming?.. 119 TOPIC: BONDING--WATER DISCHARGE.. INQUIRY: This report explores whether the legislative history of SMCRA discusses the requirement for a bond, other than a performance bond, for water discharge or treatment [water quality].. 120 TOPIC: ATTORNEYS' FEES.. INQUIRY: Are there any federal or state cases on the following: (1) award of attorneys' fees to surface mining operators as a result of a challenge to a permit decision; (2) address recovery of attorneys' fees by litigants against a governmental agency; or (3) discuss Sec.. 525(e) of SMCRA or 43 CFR 4.. 2190 et.. seq.. ?.. 121 TOPIC: COAL FINES.. INQUIRY: A coal mining company wishes to recover some previously mined coal fines from the surface of the ground.. The recovery of these coal fines will not involve any actual excavation of overburden, dirt, etc.. Is the act of merely recovering the coal fines considered surface coal mining under SMCRA?.. 122 TOPIC: PERMITTING: A.. PERMIT APPLICATION APPROVAL PROCESS; B.. IMPACTS ON AREAS OUTSIDE THE PERMIT BOUNDARY.. INQUIRY: A.. Do the regulatory agencies in other states engage in independent information fathering in the permitting process or only review, evaluate and criticize the information the operator puts in the permit application as being accurate, workable and consistent with SMCRA?.. B.. Is there any case law that has interpreted the necessity of including within the permit boundaries areas that suffer impacts incidental to underground mining, such as planned subsidence in longwall operations?.. 123 TOPIC: PREPAYMENT OF CIVIL PENALTIES.. INQUIRY: Are there any state or federal decisions which rule on an indigent mine operator's ability to appeal a violation without preparing the civil penalty or posting an appeal bond? Is there anything in the legislative history of Sec.. 518(c) which discusses the prepayment requirement?.. 124 TOPIC: BONDING PROGRAMS.. INQUIRY: Are there any states with "unusual" bonding schemes, i.. e.. bonding programs which assign fees after an evaluation of a specific sites, rather than the more typical flat rate fee per acre bonding structure?.. 125 TOPIC: REVEGETATION.. INQUIRY: This is a comparison report which explores the revegetation requirements in five states: Illinois, Indiana, Pennsylvania, Virginia and West Virginia.. 126 TOPIC: FLY ASH DISPOSAL.. INQUIRY: This state comparison report discusses disposal of fly ash (combustion waste from utilities) in coal mines.. 127 TOPIC: (I) SEALING EXPLORATORY DRILLED HOLES.. INQUIRY: Locate state statutes and rules which regulate sealing of exploratory drilled holes--in particular, any regulations regarding on-site inspection requirements.. TOPIC: (II) SEALING DRILLED HOLES IN ACTIVE PERMIT AREAS.. INQUIRY: Locate state statutes and rules which regulate sealing of drilled holes in active permit areas--in particular, reclamation requirements.. 128 TOPIC: USE OF AML FUNDS TO RESTORE PUBLIC FACILITIES "ADVERSELY AFFECTED BY COAL MINING PRACTICES".. INQUIRY: Wyoming's Abandoned Mine Land (AML) Program is beginning to inventory and evaluate public utilities, facilities and publicly owned land that may be "adversely affected by coal mining practices".. Such projects may qualify for funding under Section 403(5) and (6) of SMCRA.. Are there any relevant court decisions which interpret this terminology or legislative history material which discuss congressional intent? In particular, can AML funds be used to "reclaim" or "restore" a historic structure located in a town (offsite)?.. 129 TOPIC: LANDFILL AS A POSTMINING LAND USE.. INQUIRY: Do landfills meet all of the criteria of the law as a postmining land use? Can a company change premining pasture land to a postmining landfill? The state regulatory authorities will allow such postmining use.. Is there any OSM information available on this issue?.. 130 TOPIC: SET-OFF OF CIVIL PENALTIES FROM BOND PROCEEDS.. INQUIRY: An operator who has a final civil penalty assessment successfully completes a phase of reclamation and is entitled to a reduction or release of a reclamation bond.. Is it permissible to set-off the penalty amount from the bond proceeds in the absence of specific statutory authorization? If so, what is the authority for doing so?.. 131 TOPIC: INDIVIDUAL LIABILITY OF CORPORATE OFFICER, DIRECTOR OR AGENT.. INQUIRY: Is the "participation theory" a viable alternative to "piercing the corporate veil" when a regulatory agency is attempting to hold a corporate officer, director and/or agent individually or personally liable for reclaiming a mine site and/or civil penalties assessed against the corporation for its violations of the surface mining laws? Please locate Interior Board of Land Appeals decisions and Administrative Law Judge decisions, state administrative decisions, and/or state and federal court decisions which are relevant to this issue.. 132 TOPIC: INSPECTION OF BLAST RECORDS.. INQUIRY: An operator monitored a neighboring mine's blasts on its seismograph.. The operator's records could "implicate the neighboring mine".. Citizen's suits have arisen over the neighboring mine's blasts.. The operator's records of its own blasts are available for inspection.. Do the Division of Reclamation and the public have the right to inspect seismographic records which happened to have been taken of the neighboring mine's blasts? According to SMCRA Sec.. 517(b)(1)(E), 30 USC Sec.. 1267(B)(1)(E), the permittee is required to "provide such other information relative to surface coal mining and reclamation operations as the regulatory authority deems reasonable and necessary".. Locate any case law, opinions or other state regulations which address this issue.. 133 TOPIC: EXEMPTION FOR GOVERNMENT-FINANCED CONSTRUCTION.. INQUIRY: A portion of a permitted area is to be used as a government-financed landfill.. The request for an exemption (from reclaiming that portion of the minesite) for the government-financed construction project was not made at the time the original permit was issued because the need for the landfill was not identified until recently.. Must the exemption be in place at the time the permit is issued or may the exemption be authorized after the permit is issued? Is there any legislative history which discusses this issue?.. 134 TOPIC: 16 2/3 EXEMPTION--UPDATE OF PRIOR REPORTS.. INQUIRY: What case law and administrative decisions are available on the 16 2/3 exemption for the extraction of coal incidental to the extraction of other minerals? If the overburden is being sold, can it be considered an "other mineral"? Is there any information on the definition of "mineral"?.. 135 TOPIC: DEFINITION  ...   PERIOD FOR FAVORABLE PLANTING".. INQUIRY: Alabama has a case in which the primary issue is the proper interpretation of the state counterpart to 30 CFR 816.. 113 regarding the timing of revegetation on reclaimed lands.. Please locate any cases interpreting the term "first normal period for favorable planting" referenced in this regulation.. 249 TOPIC: INITIATION OF OPERATIONS.. INQUIRY: SMCRA Sec 506(c) and 30 CFR 773.. 19(e) require the permittee to commence operations within three years of the issuance of the permit, with extensions allowed under certain circumstances.. Is there any information in the preambles to the federal regulations or in the legislative history of SMCRA that discusses why three years was selected as the running time for the permit?.. 250 TOPIC: VER: RIGHTS-OF-WAY OR EASEMENTS FOR RAILROADS--UPDATES REPORTS 149.. INQUIRY: An operator claims VER for an existing right-of-way, which, on August 3, 1977, was for a railroad.. After 1977, the tracks were removed and power poles erected on the raised bed.. An access road, used to maintain the poles, was built on the raised bed.. Does the access road qualify for VER?.. 251 TOPIC: BOND FORFEITURE: INSUFFICIENT FUNDS FOR RECLAMATION.. INQUIRY: What information is available on the regulatory authority's ability to seek additional remedies after an operator's bond has been forfeited and the permit revoked in situations where the amount of the bond was insufficient to cover the cost of the completed reclamation? [30 CFR 800.. 50(d)(1)].. 252 TOPIC: NOTICES OF VIOLATION (NOVs).. INQUIRY: Please locate any available material on the following aspects of NOVs: (1) Can an NOV be written for a violation that occurred in the past, was corrected prior to writing of the NOV, leaving no remedial action to be taken? Fact situation: A permittee sent in surface water monitor reports late but before an NOV was written.. Can this situation still be considered a violation under the "could reasonably be expected to cause environmental harm" theory? Can remedial steps be nothing? (2) Do you have to prove environmental harm or wrongful intent to establish a violation? Fact situation: Permittee failed to post accurate or adequate information on signs.. 253 TOPIC: GRAZING VIOLATIONS--INCLUDES REPORTS 183, 172 & 141.. INQUIRY: An operator was cited for allowing livestock to graze on pastureland in violation of the reclamation plan.. Please locate Interior OHA decisions with this or similar fact situations or those discussing strict liability.. 254 TOPIC: STATE PROGRAM AMENDMENTS ON CONTEMPORANEOUS RECLAMATION AND TIME AND DISTANCE REQUIREMENTS FOR BACKFILLING AND GRADING.. INQUIRY: Beside Colorado, Utah and Wyoming, are there any states that have submitted to OSM, and then later withdrawn, program amendments on contemporaneous reclamation or time and distance requirements for backfilling and grading?.. 255 TOPIC: DEFINITION OF "ADVERSELY AFFECT ANY PUBLICLY OWNED PARK".. INQUIRY: 30 CFR 761.. 11 [Areas where mining is prohibited or limited] (c) states that subject to VER, no surface coal mining operations shall be conducted "On any lands where mining will adversely affect any publicly owned park.. unless jointly approved by the regulatory authority and the Federal, State, or local agency with jurisdiction over the park or place.. " 761.. 11(f) states that no surface coal mining operations shall be conducted "within 300 feet measured horizontally of any.. public park".. Please locate materials that define and compare the use of the underlined terms or the term "adversely affect".. 256 TOPIC: APPLICATION OF COAL MINE WASTE REGULATIONS IN BACKFILL OPERATIONS.. INQUIRY: Different interpretations have been made with regard the applicability of 816/817.. 81 and 816/817.. 83 to coal mine waste used in certain backfill operations as opposed to disposal in a refuse pile (Section 816/817.. 83).. Is there consistency among the IMCC member states in interpretation and application of the regulations? Has the issue been administratively or judiciously resolved in any member state?.. 257 TOPIC: BOND RELEASE: PRESENCE OF AMD SEEP.. INQUIRY: In the course of bond release proceedings, evidence of an acid mine drainage (AMD) seep was discovered.. If the operator undertakes treatment for the seep can the bond still be released? Is it acceptable to create a wetland to treat the AMD?.. 258 TOPIC: CITIZEN SUIT PROVISIONS: STANDING TO SUE.. INQUIRY: Does a coal company have standing to sue a state regulatory authority (RA) under the citizen suit provisions of SMCRA? A coal company is claiming injury, having to keep its mine open, because the RA is not releasing the coal company's bond.. Please locate relevant materials.. 259 TOPIC: STATE NATURAL RESOURCE COMMISSIONS AS MULTIPLE INTEREST BOARDS; DEFINITION OF EMPLOYEE.. INQUIRY: Are the members of state natural resource commissions considered "employees" who are subject to state conflict of interest regulations, or are they considered members of "multiple interest boards" who are exempt from the conflict of interest regulations? Are the responsibilities of the state commissions limited to underground and surface coal mining issues only, or do the duties and powers encompass a broader range of issues?.. 260 TOPIC: DISPOSAL OF EXCESS SPOIL: DRAINAGE CONTROLS FOR DURABLE ROCK AND VALLEY FILLS.. INQUIRY: Please locate State regulations equivalent to 30 CFR 816/817.. 72(a)(2) and 816/817.. 73(f).. 261 TOPIC: SIGNATURES ON THE 300 FOOT WAIVER.. INQUIRY: Must the waiver allowing a permittee to mine closer than 300 feet to an occupied dwelling be signed by both parties if the property is jointly owned, or is one signature sufficient?.. 262 TOPIC: NON-COMMERCIAL USE OF "OTHER MINERALS".. INQUIRY: A landfill operator occasionally runs into patches of coal while excavating shale and clay ("other minerals").. These other minerals are used by the landfill operator rather than sold for commercial use.. Does the 16 2/3 exemption apply to this situation? Related topics: definition of mineral; commercial development; government financed construction and landfill.. 263 TOPIC: BOND RELEASE/BOND FORFEITURE.. INQUIRY: A portion of a permitted area was ripe for bond release; however, the permittee never requested release of the bond.. As a result of later problems on that permitted area, the permittee was sent a notice of bond forfeiture.. Can the permittee get back some of the bond for the portion of the permitted area that was ripe for release or is the entire bond forfeited?.. 264 TOPIC: MINING WITHIN 300 FEET OF A PUBLIC BUILDING.. INQUIRY: Does the prohibition against mining within 300 feet of a public building refer to the building itself or the property line? Please locate any materials that discuss this issue.. 265 TOPIC: 733 PROCEDURES.. INQUIRY: What are the procedures for discovery, subpoenas, deposition taking and the appeal process when a state is the recipient of a 733 action?.. 266 TOPIC: ATTORNEYS' FEES--UPDATE TO REPORTS 120, 163, 180 AND 220.. INQUIRY: Please locate any administrative or judicial review cases where the operator or the state regulatory authority sought costs and attorneys' fees under Section 525(e) of SMCRA or the state counterpart, after prevailing at an administrative or judicial proceeding brought under SMCRA or the state counterpart.. 267 TOPIC: ALTERNATIVE TO TOPSOIL.. INQUIRY: In the legislative history of SMCRA, please locate congressional reports that discuss the substitution of alternate materials for topsoil.. I am particularly interested in discussions of the issue: "equal to or more suitable for sustaining vegetation than existing topsoil" which appears in 30 CFR 816.. 22(b) [See also SMCRA Sec.. 515(b)(5) and (6)].. 268 TOPIC: IMPROVIDENTLY ISSUED PERMIT.. INQUIRY: Indiana is promulgating regulations that mirror the federal regulations on improvidently issued permits.. Industry is claiming that the state does not have the authority to revoke permits through recision, only after showing cause.. Are there any cases addressing this issue?.. 269 TOPIC: SURETY AS "PERMITTEE" OR "OPERATOR".. INQUIRY: After an operator's permit was revoked, a surety decided to perform the required reclamation.. The surety was subsequently issued an NOV.. The surety claimed that an NOV or CO cannot be issued to them because they are not an "operator" or "permittee".. 270 TOPIC: DEFINITION OF "A LOADED HOLE".. INQUIRY: Are there any federal decisions defining what constitutes "a loaded or charged hole"? Wyoming regulations require loaded holes to be guarded or the area sealed.. Wyoming does not consider a hole loaded until the initiating device is placed in the hold along with the ammonium nitrate fuel-oil mixture (ANFU).. 271 TOPIC: REVEGETATION PRODUCTIVITY MEASUREMENTS--UPDATE TO REPORT 187.. INQUIRY: This report updates State Comparison Report 187 with the addition of two IBLA decisions and additional Federal Register notices providing some description of measurement methodologies contained in recent state program amendment submittal and OSM's comments on those submittal.. 272 TOPIC: ALLUVIAL VALLEY FLOORS (AVF): DEFINITION OF "NOT SIGNIFICANT TO FARMING" OR "NEGLIGIBLE IMPACT ON FARM'S AGRICULTURAL PRODUCTION".. INQUIRY: Has OSM defined the above terms that appear in SMCRA sec.. 510(b)(5)(A)? Has OSM defined the size of "small acreage" or applied a percentage to either of the above terms? Has OSM made any AVF determinations? If so, based on what criteria? Wyoming's guidelines define significant as anything over 10% and anything less than 5% as negligible.. Please locate any relevant information that discusses these questions.. [30 CFR Sections 701.. 5 and 785.. 19, and Part 822].. 273 TOPIC: TEMPORARY CESSATION OF OPERATIONS.. INQUIRY: What time frame constitutes a "temporary" cessation? An operator "temporarily" ceased mining part of his permitted area, claiming that he was awaiting technology that would allow him to mine the wet area and meet the reclamation requirements.. Is there any material that discusses when a temporary cessation becomes a permanent cessation, requiring proper reclamation?.. 274 TOPIC: PERMITTING OF THE "SHADOW AREA".. INQUIRY: Does OSM or the state have the authority to permit the area overlying underground coal mine workings (the "shadow area")? Is this area included in the definition of "surface effects" of underground mines? Please locate relevant material that discusses this issue.. 275 TOPIC: REVOCATION OF PERMIT AS A RESULT OF ADMINISTRATIVE ERRORS.. INQUIRY: The Bureau issued a permit based on a USGS map that contained a mistake.. When a corrected map was submitted, it became evident that a permit should not have been issued.. Is there any material that discusses the revocation of a permit when there was no fraud, pattern of violations or ownership/control problems?.. 276 TOPIC: DEFINITION OF "CURRENT, PRUDENT ENGINEERING PRACTICES".. INQUIRY: According to the performance standards for roads found in 30 CFR Sec.. 150(b)(1), controlling or preventing erosion, siltation, etc.. or otherwise stabilizing exposed surfaces must be accomplished "in accordance with current, prudent engineering practices".. Are there any materials that define "prudent engineering practices"?.. 277 TOPIC: DEFINITION OF "IN SITU PROCESSES".. INQUIRY: Please locate any state or federal administrative or judicial opinions of legislative histories dealing with the meaning of "in situ processes" as defined in 30 CFR 701.. 5, and particularly, what is meant by "in situ gasification"? We are looking for information on the extraction of methane gas from underground coal seams.. We will also be looking at who owns the mineral estate: Does the owner of "all minerals" also own the gas?.. 278 TOPIC: AVAILABILITY OF PERMIT, INSPECTION AND ENFORCEMENT RECORDS.. INQUIRY: According to 30 CFR 840.. 14 and 842.. 16, copies of permit applications, inspection and enforcement records, etc.. "shall be made immediately available to the public in the area of mining.. " Compliance with the availability requirement can be accomplished by making copies "available for public inspection at a Federal, State, or local government office in the county where the mining is occurring.. " or by having the regulatory authority mail copies of information promptly (provided a description of the information available and mailing procedures are posted in the county where the mining is occurring).. Please locate any material that indicates what information is to be included as part of "a description of the information available".. How do the other states implement this requirement?.. 279 TOPIC: OPERATOR/PERMITTEE LIABILITY FOR FEES; O&C/AVS.. INQUIRY: The Pa RA made a decision not to issue a permit based on an O&C link found on AVS.. The perspective permittee disagrees with this decision stating that the RA cannot make permitting decisions based solely on AVS.. The O&C link found on AVS related to the failure of a party, a contract mining operator on another job, to pay proper fees.. Does the definition of "operator" include contract mining operators as well as permittees in terms of AVS linkage and liability for fees?.. 280 TOPIC: RESCISSION PROCEDURES FOR IMPROVIDENTLY ISSUED PERMITS.. INQUIRY: Which states have regulations in their programs that correspond to 30 CFR 773.. 21 Improvidently issued permits; rescission procedures.. 281 TOPIC: ELIGIBILITY FOR ATTORNEY'S FEES.. INQUIRY: Please locate any cases on the following three issues regarding eligibility for attorney's fees:.. Can the agreement between an attorney and the client which provides for pro bono services constitute a waiver of the client's rights to petition for fees? Can cases other than civil rights cases be identified?.. Does a settlement agreement which is silent on costs constitute a waiver of the client's right to petition for costs?.. The state appellate court approved the client's petition for attorney's fees for the administrative and judicial proceedings and remanded the case to the administrative agency for a determination of the fees for both the administrative and judicial proceedings.. Does the agency have the authority to determine fees incurred in the judicial arena?.. 282 TOPIC: DEFINITION OF "DAMAGE" IN PHRASE: "PROTECT OFFSITE AREAS FROM SLIDES AND DAMAGE".. INQUIRY: Indiana wrote an NOV for drainage control causing damage off the permitted site, citing the Indiana equivalent of SMCRA 515(a)(21) [I.. 13-4.. 1-8-1(21)] which contains the phrase indicated above.. Are there any materials covering the definition of "damage" as used in this code section?.. 283 TOPIC: TRANSFERABILITY OF VALID EXISTING RIGHTS (VER).. INQUIRY: An operator of a tipple (with VER) wanted to transfer the permit; however, he did not get all of the papers in before the permit expired.. Is the VER transferable to the new operator, particularly in this situation where there was a break in the permit? Please locate any relevant information on these issues.. 284 TOPIC: CHANGES IN APPROVED DRAINAGE DESIGN.. INQUIRY: An operator wants to use a drainage system different from the system indicated in the approved plan.. Is a modification to the original plans/revision to the permit always required in these circumstances.. Please locate any relevant administrative decisions.. 285 TOPIC: ROOT MATERIAL IN TOPSOIL.. INQUIRY: Indiana section 310 IAC 12-5-12.. 1 corresponds to the federal regulations 30 CFR 816.. 22 and provides the rules for removing, storing, etc.. topsoil.. Please locate administrative cases and other material that discuss what constitutes topsoil, how it is identified and, in particular, the observance of root material.. 286 TOPIC: BOND RELEASE ON INTERIM PERMIT SITES; CONTROLLING PERFORMANCE STANDARDS (Includes COALEX Report No.. 181).. INQUIRY: Please locate federal, state and administrative decisions discussing bond release on sites permitted under the interim regulatory program.. In particular, locate decisions that address which performance standards (with special focus on revegetation requirements) are controlling for operations with state permits which were active during the time the interim program rules were in force.. 287 TOPIC: EXEMPTION FOR GOVERNMENT-FINANCED CONSTRUCTION--UPDATES 115, 133 & 262.. INQUIRY: A city proposes to use a site which had previously been CO'd (for mining without a permit) as a public park and gym.. The original operator will be the contractor.. Is this site eligible for the government-financed construction exemption? Please locate federal, state and administrative decisions on operations exempted from SMCRA by meeting the government-financed construction criteria.. 288 TOPIC: RIGHT OF ENTRY ON NAVIGABLE WATERWAY.. INQUIRY: An operator plans to mine through a stream.. The operator has leases with all of the property owners on both sides of the stream.. Does the state own the stream bottom? If it does, must the operator pay royalties to the state? Does the operator have the right to "enter" the stream bed? Is this a property dispute which cannot be adjudicated under SMCRA? Please locate any relevant material.. 289 TOPIC: MINE RISK ASSESSMENT TO DETERMINE MINE INSPECTION FREQUENCY.. INQUIRY: Virginia Department of Mines, Minerals and Energy is beginning the process of implementing a new mine safety law that was passed this year.. The law calls for DMME to develop a mine risk assessment tool that will be used to determine the amount of risk present at a mine.. Mines that are rated as having a higher degree of risk will be inspected more frequently than mines determined to have a lower degree of risk.. DMME would like to build on knowledge gained from other states that may have already undertaken a study of this area.. Please survey IMCC member states using the attached questionnaire and locate any relevant literature on this issue.. 290 TOPIC: DEFINITION OF "HIGHER AND BETTER USE".. INQUIRY: A mine operator, who is also the landowner, desires to change a sites' post-mining land use from cropland to pastureland, claiming it is a "higher and better use" of the land.. Is there any material defines "higher and better use" or provides a hierarchy of uses?.. 291 TOPIC: SURFACE AND GROUND WATER MONITORING.. INQUIRY: If Indiana Department of Natural Resources (DNR) exempted a coal company from ground water monitoring (e.. , due to a finding of no significant aquifers) at the time of the original permit application, can DNR later require the coal company to monitor ground water (e.. , at mid-term review, permit renewal or permit revision)? DNR's position is that it can require such monitoring if there had been a change of circumstances on or off the permitted area and such monitoring is necessary to assess the current and future impact of the mining operation on the hydrologic balance.. Please locate any relevant materials regarding this issue.. 292 TOPIC: HIGHWALL ELIMINATION & AOC: "BLENDING IN".. INQUIRY: Please locate recent decisions and other materials that discuss highwall elimination or restoring disturbed lands to their "approximate original contour".. Of particular interest is material on the definition of "approximate" or what constitutes "blending in" with the surrounding terrain.. 293 TOPIC: MOVING EQUIPMENT OFF PERMIT AREA--INCLUDES REPORTS 136 & 157.. INQUIRY: An operator drove a bulldozer and a loader off the permit area without using the haul road.. The area on which the equipment rode was not part of the permitted area.. Can the moving of the mining equipment be considered an activity "in connection with" surface coal mining operations and should the permit have been revised to include the land over which the equipment was driven? Does it make a difference that no roadway was constructed?.. 294 TOPIC: CYANIDATION; CHEMICAL LEACHING.. INQUIRY: Can you identify which states have amended or revised their mining statutes in the last year or two to include the regulation of chemical leaching of minerals, e.. , the cyanide heap-leaching process used to produce gold?.. 295 TOPIC: "BURDEN OF PROOF" REQUIREMENTS AT DIFFERENT ADMINISTRATIVE HEARINGS.. INQUIRY: A company requested temporary relief from a cessation order ("CO").. In issuing the final order denying the temporary relief, the administrative law judge made specific findings that the company was conducting surface coal mining operations and that they failed to follow state blasting requirements.. The company did not appeal that order.. Is the presentation of evidence by the company at the hearing on the CO considered res judicata/collateral estoppel or is there a difference between the burden of proof required at a hearing for a temporary relief versus an administrative hearing on the CO itself? Please locate any relevant decisions.. 296 TOPIC: LANDOWNER REFUSING RIGHT OF ENTRY FOR RECLAMATION--INCLUDES REPORTS 141 & 172).. INQUIRY: A landowner will not allow an operator to enter and restore the permitted area.. It is believed that the landowner wants to use the fact that the land was left unrestored as an excuse to sue the operator for damages.. The operator anticipates having to sue the landowner in order to gain entry and perform reclamation.. Are there any cases that state that the landowner has an obligation to allow the operator on the land to meet SMCRA requirements?.. 297 TOPIC: FEDERAL ADVISORY COMMITTEE ACT.. INQUIRY: Please retrieve a copy of the Federal Advisory Committee Act from LEXIS.. 298 TOPIC: 775.. 11(b) HEARING WITHIN 30 DAYS OF PERMIT DENIAL/DECISION WITHIN 30 DAYS OF HEARING.. INQUIRY: Any information on what consequences are if hearing is not held within 30 day time frame? Permit applicant claims that permit is automatically approved.. 299 TOPIC: MATERIAL DAMAGE TO STRUCTURES AS A RESULT OF SUBSIDENCE.. INQUIRY: The rules proposed on September 24, 1993 will provide a definition of "material damage" with regard to subsidence.. What is in force now regarding material damage to structures as a result of subsidence? Please locate any material that defines or indicates what constitutes such "material damage".. 300 TOPIC: DENIAL OF ADMINISTRATIVE EXPENSES.. INQUIRY: A mining operator with a valid permit filed for bankruptcy under chapter 11.. The operator stopped removing coal and has received a number of NOVs.. If the operator was still actively mining, the civil penalties would get priority as administrative expenses.. [See In re N.. P.. Mining Co.. , Inc.. and In re Bill's Coal Co.. , attachments to the state's brief.. ] Are there any decisions which find that civil penalties get priority if the operator is not actively mining under a valid permit?.. 301 TOPIC: LEGISLATIVE HISTORY OF 1989-90 AML LEGISLATION.. INQUIRY: Please locate legislative history material on the 1989 AML bills and the 1990 AML act which discusses the justification for reclamation fees.. 302 TOPIC: SURFACE EFFECTS OF UNDERGROUND NON-COAL MINE.. INQUIRY: Please conduct a survey to identify those states which regulate the surface effects of underground non-coal mines operations, i.. , subsidence and hydrologic balance.. New York State is particularly interested in this information in light of the flooding that occurred in Akzo Nobel's salt mine and the resulting subsidence and cave-ins.. 303 TOPIC: RETIREMENT OF PARTNER FROM CONTINUING PARTNERSHIP; COAL REMOVAL INCIDENT TO PRIVATE DEVELOPMENT--INCLUDES REPORT 173.. INQUIRY: Coal was found in an area under construction for private commercial development.. An individual who was part of the partnership conducting the commercial development pulled out of the partnership before the coal "entered interstate commerce".. Is this individual one of the "responsible parties" for mining without a permit?.. 304 TOPIC: FEDERAL INSPECTIONS-DEFINITION OF "ARBITRARY, CAPRICIOUS OR AN ABUSE OF DISCRETION" UNDER 30 CFR 842.. 11(b)(1)(ii)(B)(2).. INQUIRY: Please locate any material that defines or discusses the standards OSM uses when reviewing state actions.. In particular, is there any description of the standards used by OSM to determine when a state regulatory authority's action regarding a possible violation is "arbitrary, capricious or an abuse of discretion"?.. 305 TOPIC: "SUBSTANTIAL ECONOMIC LOSS" OR "CONDITIONS BEYOND THE CONTROL OF THE PERMITTEE" AS REASONS FOR EXTENDING THE INITIATION OF OPERATIONS--INCLUDES REPORTS 172, 183, 249 & 273.. INQUIRY: An permitted operator built an access road and dug monitor wells but did not begin mining coal because of poor market conditions.. The operator wants to transfer the permit to another company; the second company wishes to renew the permit.. Are "poor market conditions" considered a "condition beyond the control of the permittee" for extending the three year initiation of operations period? [SMCRA Sec.. 506(c) and 30 CFR 773.. 19(e)].. Should the original permittee have notified the regulatory authority that it was temporarily ceasing operations? An objector to the permit renewal complained that the renewal will interfere with adjacent use; is there any information on SMCRA Sec.. 506(d)(1)(C)?.. 306 TOPIC: PROCEDURES FOR FORFEITURE OF SURETY BONDS.. INQUIRY: Pennsylvania recently amended its SMCRA to require bond sureties to pay the amount of a forfeited bond within 30 days of receiving notice of the forfeiture.. One challenger to this amendment argued that the requirement of payment prior to a hearing is a deprivation of due process, prohibited by the 14th Amendment.. This case was settled, but additional challenges are anticipated.. Do any other states require the payment of forfeited surety bonds prior to a hearing on the merits of the forfeiture? If yes, have there been any challenges to the legislation and what was the outcome? What information on the federal regulations is available?.. 307 TOPIC: DEFINITION OF "OCCUPIED DWELLING"; ADJUDICATION OF PROPERTY RIGHTS--INCLUDES REPORTS 72 & 288.. INQUIRY: Is a 30-foot trailer on wheels which is used occasionally and is not hooked up to any utilities considered an "occupied dwelling"? What is the state regulatory authority's responsibility when the operator owns the land on which the trailer sits but the ownership of the trailer itself is in dispute?.. 308 TOPICS: "In connection with"--CONTINUTATION OF REPORT 293.. INQUIRY: Please locate any additional information that discusses some aspect of the phrase "in connection with".. 309 TOPIC: IMPOSITION OF INDIVIDUAL CIVIL PENALTIES FOR CORPORATE VIOLATIONS--UPDATE OF REPORT 131.. INQUIRY: We are requesting a search for authority issued under 30 U.. 1268(d), (e), & (f) and/or 30 C.. F.. R.. 846 et seq.. , regarding civil penalties assessed against individual corporate officers for corporate permittee violations.. 310 TOPIC: POSTMINING LAND USE CHANGE - SURFACE MINING.. INQUIRY: Must all postmining land use changes be considered "significant alterations" which require the fullblown permit review process? Can a postmining land use change for a surface mining operation which involves under 5% of the permitted area be considered a minor change? OSM's interpretive rule of October 1, 1980 (45 FR 64908) applies to underground mines.. Is there any material that discusses this issue with regard to surface mines?.. 311 TOPIC: WATER RIGHTS AND REPLACEMENT UPDATE.. INQUIRY: Please provide the most recent cases and other materials available on water rights and replacement issues.. Broaden the research to include case law addressed to the issue of the burden of proof as it relates to water replacement and as it relates to the scope of review where the issue involves a revision to an existing permit to mine additional coal.. 312 TOPIC: IS A BANKRUPTCY TRUSTEE CONSIDERED AN "OWNER OR OPERATOR"?.. INQUIRY: In West Virginia, several surface mining permittees are in bankruptcy and operating under a court-appointed trustee.. Is the bankruptcy trustee an "owner or operator"? Can owners, officers and directors rebut their presumed control if their company is operating in bankruptcy with a court-appointed trustee? Does it matter if the bankruptcy trustee is operating pursuant to Chapter 7 or Chapter 11?.. 313 TOPIC: LEGISLATIVE HISTORY OF SURFACE MINING REGULATION.. INQUIRY: When was the first bill to regulate surface mining introduced in Congress? Did the states adopt surface mining regulations prior to SMCRA - if so, when?.. 314 TOPIC: REGULATION OF NON-COAL ON FEDERAL LANDS.. INQUIRY: North Carolina currently exempts non-coal mining operations located on U.. Department of Agriculture Forest Service lands from complying with state reclamation laws.. Do other IMCC-member states allow the same exemption?.. 315 TOPIC: SOAP - 507(c).. INQUIRY: Please supply a copy of the final rules for 30 CFR Part 795 - Small Operator Assistance Program (SOAP) which implement the latest amendments passed by Congress.. Of particular interest is information on the services covered by the program.. 316 TOPIC: COAL REFUSE DISPOSAL IN VALLEYS WITH STREAMS.. INQUIRY: A recent Pennsylvania statute allows the disposal of coal refuse waste in valleys with streams under certain conditions.. Do other states allow this? If so, how do they relate this disposal to the requirements of the Clean Water Act?.. 317 TOPIC: STATE REGULATIONS WHICH ARE INCONSISTENT WITH FEDERAL SMCRA.. INQUIRY: A citizens' suit alleges that the Director of an OSM-approved state program is in violation of federal SMCRA - the citizens group claims that the state regulation is inconsistent with the federal regulation.. Wyoming claims that the Director can only be held in violation of state law and that the section in question was approved by OSM as part of its regulatory program.. Please identify cases, preambles, etc.. that address these issues.. 318 TOPIC: GOV'T IMMUNITY: STATE'S LIABILITY WHEN CLEANING UP WASTE AT AML SITES.. INQUIRY: Please locate any cases that discuss whether a state can be held liable for violations of SMCRA while cleaning up refuse and waste found at abandoned mine sites.. Does EPA have any agreements or understandings with the AML state regulators regarding such cleanup?.. 319 TOPIC: MONITORING GROUND VIBRATION LIMITS.. INQUIRY: The Indiana equivalent to 30 CFR 816.. 67(d) lists three methods for proving compliance with maximum ground vibration limits established in the blasting plan: maximum peak-particle velocity limits, scaled-distance equation, and blasting-level chart.. Is there any information on following questions:.. Who determines which of the three methods is employed at a particular mine site, the operator or the regulatory authority?\.. Are these methods listed in order of priority, if not, what factors go into determining which method is best for a site?.. Do other states' regulations follow the federal rules? Do other states' regulations dictate or prioritize the methods to be used by the operator?.. 320 TOPIC: REGULATION OF SITES WITH OIL OR GAS OPERATIONS AND COAL MINING OPERATIONS.. INQUIRY: Please locate material that discusses the application of SMCRA regulations, requirements and standards to sites where oil or gas operations exist.. If the mining and oil/gas operations are regulated by different state agencies, which requirements and standards apply?.. 321 TOPIC: TRANSFER, ASSIGNMENT OR SALE OF PERMIT RIGHTS--INCLUDES REPORTS 231 AND 169.. INQUIRY: Is there any material that describes what percentage of stock or shares must be sold to qualify for a "transfer, assignment or sale" requiring compliance with change in ownership rules? What about a two-person partnership where one partner sells out?.. 322 TOPIC: SETTLEMENT OF CIVIL PENALTIES.. INQUIRY: Can a civil penalties case be settled by having the violator perform reclamation or other remedial work or must a monetary penalty be paid? Please locate any material that addresses this issue.. 323 TOPIC: DEFINITION OF: "ALL ANTICIPATED MINING IN CUMULATIVE IMPACT AREA"--INCLUDES REPORT 152.. INQUIRY: Under the cumulative hydrologic impact assessment (CHIA) regulations, please locate material that discusses the meaning of "all anticipated mining".. 324 TOPIC: SURFACE MINING PERMIT AS "PROPERTY OF THE ESTATE" OF BANKRUPT OPERATOR.. INQUIRY: The regulatory authority wants to revoke the surface mining permit of a bankrupt operator because of outstanding violations.. The operator claims the permit cannot be revoked because it is part of the "property of the estate".. Please locate relevant case law.. 325 TOPIC: DEFINITION OF "STRUCTURE" ON ABANDONED MINE SITES.. INQUIRY: Please locate any materials that define what constitutes a "structure" on abandoned mine lands or describes the state's rights and duties regarding "structures" remaining on abandoned sites the state is reclaiming.. What are the ramifications for reclamation if the "structures" were used as collateral on a loan to lease the property?.. 326 TOPIC: PREPAYMENT OF CIVIL PENALTIES--UPDATE OF REPORT 123.. INQUIRY: Please locate cases that rule on the need to prepay civil penalties when petitioning for a review of the proposed penalties.. Attorneys for the cited permittee are claiming that requiring the money before a hearing is unconstitutional and violates due process.. 327 TOPIC: OWNERSHIP & CONTROL: DEFINITION OF "CONTROLLED"--UPDATE OF REPORT 231.. INQUIRY: An operator permitted to conduct coal mining operations received money for its operations from another company.. What liability does the company providing the financial backing have for violations? Does the company providing the financial backing "control" the operator according to the O&C/AVS regulations? Please provide and additional information not already described in Report 231.. 328 TOPIC: ATTORNEYS' FEES.. INQUIRY: Please locate SMCRA-related cases from August, 1994 through July, 1995 that rule on the award of attorneys' fees.. 329 TOPIC: 16 2/3 EXEMPTION--UPDATE OF REPORTS 134 AND 191.. INQUIRY: Update of COALEX Reports 134 & 191 with more recent decisions on the exemption from SMCRA where the extraction of coal constitutes less than 16 2/3 percent of the tonnage of minerals removed for the purposes of commercial sale.. 330 TOPIC: GUIDELINES ON "BEST MANAGEMENT PRACTICES" FOR MINING.. INQUIRY: Do any of the IMCC member states have guidelines on "best management practices" for mining or mineral extraction for either coal or non-coal mining?.. 331 TOPIC: ACID MINE DRAINAGE/HYDROLOGIC BALANCE--UPDATE OF REPORT 192.. INQUIRY: Update of COALEX Report 192.. 332 TOPIC: VER--UPDATE RE "VALID EXISTING RIGHTS".. INQUIRY: Update of COALEX Reports on "valid existing rights".. 333 TOPIC: TAKINGS--UPDATE RE "TAKINGS".. INQUIRY: Update of COALEX Reports, providing recent cases on a variety of "takings" related topics.. 334 TOPIC: PUBLIC NOTICE REQUIREMENTS FOR PERMIT MODIFICATION.. INQUIRY: A permit issued in 1996 was contested by two citizens.. The case is still under administrative appeal.. In early 1997, the permittee requested a modification of the permit to change the water monitoring plan.. This revision to the permit was considered minor or insignificant and, according to state regulations, did not require advertising or public participation.. These same citizens contested the permit modification on the grounds that there was no public notification of the modification.. Do other states require public notification for permit modifications? Can permit modifications be appealed?.. 335 TOPIC: PREBLAST SURVEY.. INQUIRY: The question has been raised in Indiana as to what types of structures require preblast surveys.. A gas development company has requested a preblast survey on an inactive gas well located on a mineral lease adjacent to an active permitted mine site.. Indiana requested states be surveyed regarding interpretations by other state programs on the following questions: 1) Does your agency require preblast surveys on oil or gas well heads? If yes, what specifically is required to be part of the survey? Are preblast surveys limited to the visible surface features? 2) Does your agenccy require preblast survey notification to parties who have only a lease hold interest? For the preblast survey requirement to apply, does it make a difference whether the leaseholder "owns" the structure? 3) The federal preamble does not appear to limit the types of structures that are eligible for a preblast survey.. Does your agency have a mechanism for defining which class of structures require notification and a survey? For example, are such things as fence posts, culverts, portable bins or livestock feeding facilities excluded from the definition of "structures"? If so, how is this interpretation supported -- by statute, regulation, policy, technical determination, or some other way?.. 336 TOPIC: MODIFICATIONS OF A TERMINATED NOV.. INQUIRY: What restrictions at law have been found to apply to an agency's power to terminate, modify or vacate a terminated NOV? May an agency unilaterally modify an NOV which has been terminated or vacated without having to go through a formal or informal hearing? Please locate any relevant materials.. 337 TOPIC: APLICABILITY OF STATE ADMINISTRATIVE PROCEDURE ACT PROVISIONS TO SMCRA; DECISIONS RE: REPLACEMENT OF WATER SUPPLY.. INQUIRY: In primacy states, have state administrative procedure act (APA) provisions for mandatory informal fact finding in agency adjudications been held to apply to state versions of SMCRA? Also, please locate administrative and court decisions addressing the meaning of "replacement of water supply" that have been handed down since March 31, 1995.. 338 TOPIC: DEFINITION AND DISPOSAL OF COAL PROCESSING WASTE.. INQUIRY: The state regulatory authority cited an operator for improperly disposing of coal refuse off the permitted area.. The operator claims that the material he sold as fill was coal which was not marketable as an energy source.. We have located a particularly relevant Kentucky case, "Natural Resources and Environmental Protection Cabinet v.. Kentucky Harlan Coal Co.. 870 SW 2d 421 (Ky Ct App 1993)".. Please assist us in locating other relevant materials.. 339 TOPIC: LEGISLATIVE HISTORY OF SMCRA SECTIONS 506, 507 & 510.. INQUIRY: Please locate legislative history materials for SMCRA sections 506 (permits), 507 (application requirements) and 510 (permit approval or denial); state counterparts to SMCRA 510(c); and a copy of the federal regulation history.. 340 TOPIC: 10-YEAR 24-HOUR PRECIPITATION EVENTS.. INQUIRY: Both state and federal SMCRA regulations require sedimentation ponds be designed to treat or contain a 10-year 24-hour event.. Has there been any policy developed, either by OSM or a state regulatory authority concerning intense, short rainfall events, such as having 25% of the 10-year 24-hour event fall in 30 minutes?.. 341 TOPIC: APPROXIMATE ORIGINAL CONTOUR (AOC).. INQUIRY: Please survey the other IMCC member states and conduct research on the following issues: 1) What are the other states' definitions of AOC? 2) Do the other states have standards for determining AOC, e.. criteria for establishing when an area "closely resembles the general surface configuration of the land prior to mining" and when it doesn't? 3) What are other states' requirements for variances from AOC and exemptions for mountaintop removal?.. 342 TOPIC: 522(a)(6) - "SUBSTANTIAL LEGAL AND FINANCIAL COMMITMENT".. INQUIRY: Certain lands in Ohio were exempted from being designated as "unsuitable for surface mining" due to "substantial legal and financial commitment" (SLFC) which was in existence prior to January 4, 1977.. The exempted lands were sold.. Does the exemption transfer to the new owners? How do valid existing rights (VER) relate to SLFC - which has priority? Please locate any relevant materials.. 343 TOPIC: PERMITTING OF NONCOAL SURFACE MINING OPERATIONS.. INQUIRY: Alabama has been asked to consider a multi-year permit for noncoal surface mining.. We are interested in determining how other state regulatory programs regulate noncoal surface mining, particularly regarding the length of the permits, renewal of permits, and amendments to permits to increase reclamation bond coverage.. 344 TOPIC: TRANSFERABILITY OF VER FOR HAUL ROADS.. INQUIRY: Please locate any relevant materials that discuss transferability of valid existing rights (VER) for haul roads.. 345 TOPIC: USE OF TAGGANTS IN EXPLOSIVES.. INQUIRY: Please conduct a survey of the IMCC member states to determine if any of the states have studied the use of taggants (additives used to tag explosives and trace their origin), when the study was conducted, and who performed the study.. 346 TOPIC: DAMAGE TO STRUCTURES AND REPLACEMENT OF WATER SUPPLIES.. INQUIRY: This report consists of a variety of materials relating to SMCRA section 720 which provides for repair or compensation for subsidence-related damage to structures and the replacement of water supplies affected by subsidence.. 347 TOPIC: STATE SMCRA PROGRAM AMENDMENTS RELATING TO EPA REGULATIONS.. INQUIRY: Must states send program amendments relating to the regulation of effluent limitations and other such areas under EPA's purview to OSM or can they be sent directly to EPA for approval? Can Pennsylvania delete these regulations from their SMCRA programs?.. 348 TOPIC: WHAT CONTSTITUTES "RECEIPT" OF A RECORD FOR A FOIA REQUEST?.. INQUIRY: A permittee asked the Wyoming regulatory authority (RA) to informally review its application for a permit amendment with its accompanying studies, maps, and other records.. The permittee did not intend to file the application formally unless its bid on a BLM coal lease on an adjacent area was accepted.. The permittee requested the RA to consider these records confidential until they were filed formally.. The BLM coal lease was awarded to the permitee's competitor who filed a FOIA request with the RA for the permittee's application for permit amendment and accompanying records.. The permittee has requested that the records and the unfiled permit amendment be returned to him.. Are the permittee's records considered "property" of the state even though the application was not filed formally? Are the application records considered "public records" subject to a FOIA request? Are the records subject to a FOIA exemption [5 USCS sec.. 552(b)(4)] because they contain "privileged commercial or financial information" that could provide the competitor with a financial advantage? Does it make a difference that the permittee requested that the records be considered confidential?.. 349 TOPIC: RIGHT OF ENTRY -- INSPECTOR'S PRESENTATION OF CREDENTIALS.. INQUIRY: An inspector conducted an onsite inspection of a permitted operation, took a water sample and wrote an NOV.. The inspector had not presented his credentials or identified himself prior to conducting the inspection.. Is the NOV still valid? Please locate Interior adminstrative decisions and any other materials that address this issue.. 350 TOPIC: RESTORING THE LAND TO ITS PREMINING "CAPABILITY".. INQUIRY: The premining land use of a permitted area was cropland.. Current plans call for a wildlife habitat as the alternative postmining land use.. Using the land as a wildlife habitat requires replacing fewer inches of topsoil than would be required for cropland.. Is establishing a wildlife habitat considered a "higher or better use" of the land in this instance? Is the permittee required to replace all of the topsoil, restoring the land to the use it was "capable of supporting before mining", and then establish the land as a wildlife habitat? [SMCRA 515(b)(2); 30 CFR 816.. 133] Please locate any relevant information..

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  • Title: Interstate Mining Compact Commission
    Descriptive info: Conference Information.. IMCC 2014 Mid-Year Meeting.. October 15 - 17, 2014.. The Westin Georgetown Hotel.. Washington, DC.. The Interstate Mining Compact Commission 2014 Mid-Year Meeting has been scheduled for October 15 - 17, 2014 at the Westin Georgetown Hotel in Washington, DC.. A registration form for the meeting can be downloaded here:.. IMCC 2014 Mid-Year Meeting Registration Form.. In addition to our regular agenda, as part of this year s Mid-Year Meeting we are hosting a day of federal and state discussions on October 15.. The program will consist of short panel introductions to the agenda topics followed by roundtable discussions.. Officials from the U.. Corps of Engineers (confirmed), U.. Environmental Protection Agency, U.. Bureau of Land Management, and U.. Fish and Wildlife Service have been invited to participate in separate sessions on that day.. On the morning of October 16, Joe Main, Administrator of the Mine Safety and Health Administration (confirmed), along with other MSHA officials, will meet with the states prior to the IMCC Mine Safety and Health Committee and Noncoal Environmental Affairs Committee Joint Meeting.. Following a luncheon at Noon, Joe Pizarchick, Director of the Office of Surface Mining (confirmed), along with other OSM officials, will meet with the states prior to the Abandoned Mine Lands Committee and Coal Environmental Affairs  ...   on October 15:.. 2014 IMCC Mid Year Meeting -- October 15 Itinerary.. Itinerary for October 16-17 Committee Meetings:.. 2014 IMCC Mid Year Meeting -- October 16-17 Itinerary.. IMCC 2015 Annual Meeting.. April 26 - 29, 2015.. The Royal Sonesta Harbor Court.. Baltimore, MD.. The Interstate Mining Compact Commission 2015 Annual Meeting has been scheduled for April 26 - 29, 2015 at the Royal Sonesta Harbor Court Hotel located at the Inner Harbor in Baltimore, MD.. A downloadable registration form will be made available here in the fall of 2014 as will hotel reservation information.. If you have any questions in the meantime, call IMCC at 703.. A link to the meeting agendas will also be added here closer to the meeting date when the agendas are finalized.. Draft Preliminary Meeting Itinerary (Note: Subject to change):.. Sunday, April 26, 2015.. Welcoming Reception, 5:30 p.. Monday, April 27, 2015.. IMCC Noncoal Environmental Affairs and Mine Safety and Health Committees Joint Meeting.. Mid-afternoon and Evening Event TBD.. Tuesday, April 28, 2015.. IMCC/OSM Joint Meeting, 9:00 a.. IMCC Abandoned Mine Land Committee and Coal Environmental Affairs Committee Joint Meeting, 11:30 a.. Wednesday, April 29, 2015.. IMCC Finance and Administrative Committee Meeting, 9:00 a.. IMCC Executive Commission Business Meeting, 10:00 a.. (Expected to conclude no later than 1:00 p.. )..

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  • Title: Interstate Mining Compact Commission
    Descriptive info: DISCLAIMER: Information contained in the various presentations below from IMCC meetings and workshops was accurate at the time the presentations were given/posted.. We cannot vouch for the accuracy of the information beyond the dates of postings as it may have changed over time.. IMCC 2014 Executive Director Presentations on Abandoned Mine Land Issues.. "Abandoned Mine Land Reclamation: Progress; Pitfalls and the Importance of Partnerships".. presented by Gregory E.. Conrad, Executive Director, Interstate Mining Compact Commission (IMCC) at the 2014 Pennsylvania Abandoned Mine Land Conference, June 27, 2014 in State College, PA.. "The Present Landscape".. Conrad, Executive Director, Interstate Mining Compact Commission during a panel discussion on "Reauthorization of AML Fee Collection Under Title IV of the Surface Mining Control and Reclamation Act -- Past, Present and Future" at the National Association of Abandoned Mine Land Programs (NAAMLP) conference in Columbus, OH, September 22 - 24, 2014.. IMCC 2014 Annual Meeting.. April 27 - 30, 2014.. The Peppermill Hotel.. Reno, NV.. The following links are to power point presentations, handouts, the program and other documents (converted to.. pdf files) from the Interstate Mining Compact Commission's 2014 Annual Meeting held in Reno, NV, April 27 - 30, 2014.. PLEASE NOTE: These links will open in a new window.. Some of the files are large and may take time to download.. Please be patient.. "Mining's Contributions to Nevada".. by Tim Crowley, President, Nevada Mining Association.. "Sage Grouse: The Bird that Could Change the American West".. by Allen Biaggi, Nevada Mining Association.. IMCC Executive Director's Presentation at 2014 EMLF Winter Workshop.. February 11, 2014.. On February 11, 2014, Greg Conrad, IMCC's Executive Director, spoke at the Energy and Mineral Law Foundation (EMLF) Winter Workshop on Energy Law.. His paper and power point presentation (in.. pdf format) can be viewed via the links below.. Depending on your internet connection speed, the documents may take time to download.. Paper: "Mine Reclamation Bonding -- from Dilemma to Crisis to Reinvention: What's a State Regulator to Do?".. by Gergory E.. Conrad, Executive Director, Interstate Mining Compact Commission.. Accompanying power point (converted to.. pdf): "Mine Reclamation Bonding -- from Dilemma to Crisis to Reinvention: What's a State Regulator to Do?".. IMCC 2013 Mid-Year Meeting.. October 1 - 3, 2013.. The Westin Riverwalk Hotel.. San Antonio, Texas.. pdf files) from the Interstate Mining Compact Commission's 2013 Mid-Year Meeting held in San Antonio, TX October 1 - 3.. October 2, 2013 Luncheon Keynote Speaker Presentation:.. "Alaska Mining".. by Senator Cathy Giessel, Alaska State Legislature.. IMCC 2013 Bonding Workshop: "The Status of State Reclamation Bonding Programs: Lessons Learned and Current Challenges".. August 21 - 22, 2013.. The Embassy Suites Downtown.. St.. Louis, Missouri.. pdf files) from the Interstate Mining Compact Commission's 2013 Bonding Workshop held in St.. Louis, August 21 - 22, 2013.. Workshop Presentations:.. FINAL PROGRAM -- IMCC 2013 Bonding Workshop: "The Status of State Reclamation Bonding Programs: Lessons Learned and Current Challenges".. "Perspectives on the Financial Assurance/Bonding Regulatory Framework and Related Issues".. by William T.. Gorton III, Esq.. , Stites & Harbison.. "The State of the Surety Industry.. And The Fate of Reclamation Bonds".. by Aaron Ort, Zurich Surety.. "The CERCLA Section 108(b) Financial Responsibility Rulemaking".. by Dale Ruhter, U.. Environmental Protection Agency.. "BLM's Bonding Program".. by Mitchell Leverette, Bureau of Land Management (BLM).. "USDA Forest Service Reclamation Bond Guidance".. by Tracy Parker, U.. Forest Service.. "OSM Bonding Program".. by Ervin Barchenger, Office of Surface Mining.. "Perspectives on Financial Assurance/Bonding Regulatory Framework Panel".. by Richard A.. Bark, Freeport McMoRan.. "Basics of SMCRA Alternative Enforcement".. by Stephanie Varvell and Earl Bandy, Office of Surface Mining Reclamation and Enforcement.. "Financial Assurance for the Long Term Treatment of Acid Mine Drainage: The Pennsylvania Trust Fund Program".. by Sam Faith, Pennsylvania.. "Developing a Treatment Trust Long Term for Everyone".. by Bill Winters and Earl Bandy, Office of Surface Mining.. "Nevada Reclamation Bonding".. by Doug Siple, Bureau of Land Management.. "Nevada Long Term Funding Mechanisms".. IMCC 2013 Bonding Survey:.. IMCC Bonding Survey Document.. "Overview of State Financial Assurance Programs for Mine Reclamation: State Survey Responses".. August 2013.. IMCC Bond Survey Analysis done by Erv Barchenger (OSM).. IMCC 2013 Bonding Survey: Amount Per Acre Bond Requirement by State.. IMCC 2013 Bonding Survey: Bond Types by State.. Other Bonding Workshop Materials/Notes/Handouts:.. Bonding Workshop Attendee List.. Discussion Overview from AUgust 22, 2013 States Meeting During IMCC Bonding Workshop.. "State and Federal Reclamation Bonding Programs: Lessons Learned and Current Challenges" Paper.. South Dakota: Wharf Resources Bond Recalculation Summary, March 2013 -- Wharf Mine.. South Dakota:  ...   Uranium Mining Program.. by William Lassetter, Virginia Department of Mines, Minerals and Energy.. Noncoal Mine Mapping.. Demonstration of Virginia's Mine Mapping Flex Viewer.. TerraGo Web Demo Overview (.. pdf document).. TerraGo Demo Shot of Waldo Canyon Fire, Colorado (.. pdf Document).. Mineral Exploration Resources and Aids in North Carolina.. by Dr.. Kenneth Taylor, North Carolina Geological Survey.. North Carolina's Mineral Storehouse and Emerging Resources (.. Jeffrey Reid, North Carolina Geological Survey.. History of Gold Mining in South Carolina and Permitting the Haile Gold Mine.. by Marianna DePratter, South Carolina Department of Health and Environmental Control.. Industry Perspective on Permitting the Haile Gold Mine, South Carolina.. by Ramona Schneider, Haile/Romarco.. Overview of Current Financial Responsibility Challenges in North Carolina.. by Gary Novak, North Carolina Department of Environment and Natural Resources.. Arkansas Noncoal Mining Issues.. by James Stephens, Arkansas Department of Environmental Quality.. New York State Presentation (Note: NY was unable to travel to the symposium but submitted this power point and the handouts that follow for distribution).. by Matthew Podniesinski, New York State Department of Environmental Conservation.. Overview of New York State's Mined Land Reclamation Financial Security Determination.. submitted by Matthew Podniesinski, New York State Department of Environmental Conservation.. New York July 1977 Financial Security Memo.. New York Financial Security Calculation Form January 2012.. New York Financial Security Calculation Form for Mine 30669 July 2012.. New York Financial Security Top Required Amounts Chart.. Supplemental Information:.. Technical Report on the Coles Hill Uranium Property, Pittsylvania County, Virginia.. by Peter A.. Christopher, PhD, P.. Eng.. , PAC Geological COnsulting, Inc.. IMCC 2012 Annual Meeting Presentations.. April 29 - May 2, 2012.. Biltmore DoubleTree Hotel.. Asheville, North Carolina.. The following links are to power point presentations given at the Interstate Mining Compact Commission's 2012 Annual Meeting in Asheville, North Carolina.. GeoMine Appalachian Pilot Project Progress.. by Larry Evans, West Virginia Department of Environmental Protection.. Section 404 Clean Water Act Mining-Related Permits Issued in Appalachia.. by William L.. James, U.. Army Corps of Engineers.. Corps of Engineers Regulatory Role in Coal Mining.. Shale Gas Exploration in North Carolina.. Kenneth Taylor, North Carolina Geological Survey Section.. Geospatial Tools for Tracing Bond Release at a Large Wyoming Surface Coal Mine.. by Anna Krzyszowska-Waitkus, Wyoming Department of Environmental Quality and Scott Belden, Peabody Powder River Operations, LLC.. IMCC Mine Mapping Benchmarking Workshop.. February 15 - 16, 2012.. Sheraton Station Square Hotel.. Pittsburgh, Pennsylvania.. The following links are to power point presentations given at the Interstate Mining Compact Commission's Mine Mapping Benchmarking workshop held in Pittsburgh, Pennsylvania, February 15 - 16, 2012.. IMCC 2012 Benchmarking Workshop on Mine Mapping Program.. Connecting Content to Customer: Using Mine Maps to Avoid Hazards.. by Karen Berry, Colorado Geological Survey.. Mine Map Database Enhancements.. by James Britton, West Virginia Geological & Economic Survey.. Use of Touch Table Technology.. by Brianne Cassidy, Office of Surface Mining.. Accuracy and Reliability of Mine Maps: A Perspective from the Mining Industry.. by Brad Cole, CME Management.. OSM Storage Infrastructure Enhancements.. by Paul Coyle, Office of Surface Mining.. GeoMine Appalachian Pilot Project Progress and GeoCloud II Update for SMCRA States and OSM FODs.. by Bill Clark, Management Sponsor/GIO and Robert Welsh, Project Manager.. Accuracy and Reliability of Mine Maps: A Perspective from the Illinois AML Program.. by Robert Gibson, Illinois Department of Natural Resources.. Preserving, Processing and Providing Access to Coal Mine Maps at the University of Pittsburgh.. by Jeanann Haas, Amy Baker Williams and Debora Rougeux, University of Pittsburgh.. Accessing State Mine Related Databases.. by John Hiett, Kentucky Department of Mine Safety and Licensing.. New Scanning Technology.. New Scanning Technology Handout.. handout to "New Scanning Technology" presentation by John Hiett, Kentucky Department of Mine Safety and Licensing.. Pennsylvania Historic Mine Map Digitization and GIS Implementation.. by Patrick Jaquay, Pennsylvania Department of Environmental Protection.. ArcGIS 10 and REST Services Technology: ArcGIS Explorer Online Demo.. by Becky Meyer, Indiana Geological Survey.. ArcGIS 10 and REST Services Technology: ArcGIS Online Demo.. ArcGIS 10 and REST Services Technology.. ArcGIS 10 and REST Services Technology: Connecting to ArcGiS Services in ArcMap Demo.. Links to GIS in Indiana, Pennsylvania, Kentucky, Illinois, Virginia and West Virginia.. ArcGis 10 and REST Services Technology: Indiana Map Demo.. ArcGis 10 and REST Services Technology: ArcGIS REST Services Demo.. A Perspective from MSHA.. by James B.. Pfeifer, Mine Safety and Health Administration.. Overview of OSM Underground Mine Map Projects.. by Josh Rockwell, Office of Surface Mining.. Use of Virtual Servers and the Cloud for IT Management and Maintenance.. West Virginia's Current ArcIMS All Coal Application..

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  • Title: Interstate Mining Compact Commission
    Descriptive info: IMCC Award Winners.. Annual Reclamation Awards Program: Background, Winners and Site Photos.. Mineral Education Award Winners.. Mineral Education Awards Criteria and Nomination Form (.. IMCC 2015 National Reclamation Awards Memo, Criteria and Nomination Form (..

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  • Title: Interstate Mining Compact Commission
    Descriptive info: Member State Sites:.. Alaska Division of Mining, Land and Water.. Alabama Surface Mining Commission.. State of Alabama Home Page.. Illinois DNR Site for Teachers/Educational Resources.. or.. Maryland Department of the Environment.. New Mexico Department of Energy, Minerals and Natural Resources.. Texas RRC's Site for Kids.. Utah Division of Oil, Gas & Mining.. West Virginia Mine Safety.. Federal Government Sites:.. Energy Information Administration, U.. DOE.. OSMRE - Office of Surface Mining Reclamation and Enforcement.. OSMRE - Technical Information Processing System.. Bureau of Land Management.. Geological Survey.. Geological Survey (Minerals Information).. Geological Survey Learning Web (Educational Resources).. The White House.. Other Sites of Interest:.. American Geological Institute.. Council of State Governments.. Wisconsin Geology Museum Site.. Interstate Oil and Gas Compact Commission.. Mineral Information Institute (Educational Resources).. Missouri Limestone Producers Association (Educational Resources).. National Association of Abandoned Mine Land Programs.. National Energy Foundation (Educational Resources).. National Mined Land Reclamation Center.. Society for Mining, Metallurgy and Exploration (SME) (Educational Resources).. Western Governors' Association (WGA).. Western Interstate Energy Board (WIEB).. Women in Mining Educational Resources.. Coal Education Site.. Electronic Field Trip to a Coal Mine (Educ.. ).. MiningUSA.. com  ...   Safety: Click on "Rules & Regs" in the sidebar menu.. Florida.. Iowa Rules.. Iowa Noncoal Laws (search chapter 208 for Iowa Code and chapter 60 for administrative rules for the regulations).. Kansas: Click link for "Statutes and Regulations" at "Surface Mining Reclamation" in sidebar menu.. Kentucky: KAR's for noncoal are referenced under Chapter 5.. Maine.. Minnesota.. Missouri Law; and.. Missouri Rules.. Nevada: Search site for statutes and regs.. New Mexico: Click on "Rules and Regulations" in the right-hand sidebar menu.. Ohio: Follow top menu link to "Industrial Minerals", then follow left side-bar menu link for "Law & Rules".. Pennsylvania: Title 25 Ch.. 77.. South Carolina Law; and.. South Carolina Regulations.. South Dakota.. Tennessee State Home Page: Rules - Law is TCA 59-8-101 et.. and Regulations are Sec.. 0400-3-1-.. 01 et.. Texas: Click on "Rules" on home page.. Virginia: Click on "Laws and Regulations" link in left page menu.. Washington; and.. Washington: Regulations of Metals Mining and Milling Operations.. Wisconsin: Nonmetallic Mining Rules & Laws; and.. Wisconsin: Metallic Mining.. and.. Wyoming: Search under the agency "Environmental Quality, Dept.. of" to pull up rules and regulations..

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