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OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

LIBRARY OF COALEX RESEARCH REPORTS MAIN PAGE

COALEX Research Reports are the products of research and analysis conducted on specific issues relating to the regulation of Surface Mining Control and Reclamation Act of 1977. The research is conducted in response to requests for information from State Regulatory Authorities, under a cooperative agreement between the Office of Surface Mining (OSM) and the Interstate Mining Compact Commission (IMCC).

COALEX refers to the Library of Surface Mining Materials maintained by OSM in LEXIS-NEXIS and is a major source for the research.

Each Report includes a list of resources which were sent as attachments to the individual who requested the research. To obtain a copy of the attachments or to obtain any additional information, contact Joyce Zweben Scall by phone at 202-686-9138 or by email at JZScall@aol.com.

We have begun to add the Federal Register Final Rules Index cites to our website. This Index is a list of Federal Register cites of Final Rules relating to the Office of Surface Mining Reclamation and Enforcement’s regulation of the Surface Mining Control and Reclamation Act of 1977’s requirements. The Index covers Federal Register document cites published beginning with the first surface mining documents published in August 1977 and is in PDF format by year. If you are interested in one of these documents that have not yet been published, contact Debbie McGinnis, OSM Librarian at DMcGinnis@osmre.gov or telephone 303-293–5073 or Joyce Scall at jzscall@aol.com or telephone 202-686-9138.

Visit our Laws, Regulations, and Guidance page for additional information.


INDEX OF COALEX RESEARCH REPORTS

COALEX Report No.

COALEX Report Topic

1

INDIAN BURIAL GROUNDS; ARCHAEOLOGY

2

PENALTY ASSESSMENT; ADMINISTRATIVE PROCEEDINGS

3

PERFORMANCE BONDS AND OUTSTANDING CIVIL PENALTIES

4

CORPORATE OFFICER LIABILITY

5

BOND FORFEITURE

6

COURT OPINION

7

HYDROLOGIC AND GEOLOGIC PERMITTING REQUIREMENTS

8

DELAYS IN RECLAMATION AMENDMENTS SUBMITTED BY KENTUCKY

9

INDIAN LANDS

10

WATER QUALITY AND CONTROL POLICY

11

P.L. 95-87, SEC. 521(a)(3) - 90-DAY ABATEMENT PERIOD

12

$750/DAY CIVIL PENALTY

13

VALID EXISTING RIGHTS (VER)

14

SELF-BONDING

15

REPROCESSING OF ABANDONED COAL REFUSE PILES AND COAL SILT DAMS ON ABANDONED MINE LANDS (AML)

16

APPROXIMATE ORIGINAL CONTOUR (AOC)

17

PERMIT AND ACREAGE FEES

18

30 CFR SECS. 816, 817, 771 AND 775

19

INTERPRETATION OF "IN ACCORDANCE WITH" AND "CONSISTENT WITH"

20

(1) INTERVENTION/HEARINGS AND APPEALS; (2) INTEREST RATE OF CIVIL PENALTY REIMBURSEMENT

21

DEFINITION OF OPERATOR/PERMIT

22

DREDGING OPERATIONS

23

SUBSIDENCE REGULATIONS

24

16 2/3 EXEMPTION

25

PLANNED SUBSIDENCE

26

TRANSPORTATION FACILITIES/SURFACE MINING OPERATIONS/BRIDGES & STRUCTURES/ AML ELIGIBILITY

27

ATTORNEY GENERAL ACTION FOR COLLECTION

28

RECLAMATION OF PREVIOUSLY DISTURBED AREAS

29

CASE INQUIRY

30

LOADING FACILITY/SURFACE MINING OPERATIONS

31

OPERATOR CERTIFICATION FOR UNDERGROUND MINING; BONDING COSTS; STATE CIVIL PENALTY DATA; and NOV VARIANCE

32

BOND FORFEITURE
[Addendum to COALEX STATE INQUIRY REPORT No. 5]

33

ABANDONED MINE LANDS FUND (AML FUND)

34

INCIDENTAL BOUNDARY REVISION

35

WATER RIGHTS AND REPLACEMENT

36

AML FUND/STATES 50% ALLOCATION

37

ALTERNATIVE BONDING PROGRAMS

38

ELIMINATION OF HIGHWALLS

39

WATER REPLACEMENT, BOND RELEASE

40

CESSATION ORDERS, 30 CFR SEC. 843.11(e)

41

SECTION 510(C): OWNED OR CONTROLLED BY

42

PATTERN OF VIOLATIONS

43

CIVIL PENALTY SYSTEMS

44

STATES' "BOND POOL" SYSTEM AND COAL EXPLORATION REQUIREMENTS

45

TOPSOIL SUBSTITUTES

46

ACCESS AND HAUL ROADS

47

16 2/3 EXEMPTION

48

ACCESS AND HAUL ROADS

49

PERMIT AND ACREAGE FEES

50

BOND RELEASE [Addendum to COALEX STATE INQUIRY No. 39]

51

PRIME FARMLANDS REGULATIONS

52

ABANDONED MINE LANDS/HEAVY EQUIPMENT

53

REVEGETATION REQUIREMENTS

54

(Report never completed)

55

PERMIT DENIAL FOR OUTSTANDING FINES AND BOND FORFEITURES

56

APPROXIMATE ORIGINAL CONTOUR (AOC)

57

STATE REGULATORY PROGRAM: "APPLICABLE REQUIREMENTS"

58

REVEGETATION REQUIREMENTS [Addendum to REPORT No. 53]

59

COAL SEVERANCE TAX

60

CESSATION ORDER (CO)

61

60% BOND RELEASE REQUIREMENTS

62

SMALL OPERATOR ASSISTANCE PROGRAM (SOAP)

63

POSTMINING LAND USES

64

BLASTER CERTIFICATION

65

SUBSIDENCE REGULATION--EXTRACTION PERCENTAGES

66

JUDICIAL REVIEW

67

MINE SUBSIDENCE INSURANCE

68

"SUBSTANTIAL LEGAL AND FINANCIAL COMMITMENTS"

69

REGULATION OF COAL PROCESSING PLANTS

70

MIDTERM PERMIT REVIEW

71

AML DISCRETIONARY FUND

72

OCCUPIED DWELLINGS

73

IMPOUNDMENT BANKS

74

CIVIL PENALTY/RECLAMATION REQUIREMENTS

75

NOTICES OF VIOLATION (NOV) ISSUED BY OSM

76

EXPLORATION PERMIT TERMS

77

DEFINITION OF "PATTEN OF VIOLATIONS"

78

COAL EXPLORATION: DRILLING

79

OVERLAPPING MSHA/SMCRA IMPOUNDMENTS

80

DEFINITION OF "APPROXIMATE ORIGINAL CONTOUR (AOC)"

81

COAL EXPLORATION

82

ACID MINE DRAINAGE (AMD) ARTICLES

83

SMALL DEPRESSIONS

84

ABANDONED MINE LANDS FUNDING ELIGIBILITY

85

LEGISLATIVE HISTORY OF SMCRA SEC. 522(a)(3)(A) and (B)

86

DEFINITION OF "OFFSITE"

87

LEGISLATIVE HISTORY OF SMCRA SECTION 519(c)

88

PRE-EXISTING STRUCTURES

89

REQUIREMENTS OF SMCRA SEC. 522(a)(4)(B)

90

DAMAGE FROM PREVIOUS MINING

91

CONTINUALLY CREATED VALID EXISTING RIGHTS (VER)

92

SMALL AREA EXEMPTIONS

93

WATER RIGHTS AND REPLACEMENT

94

STATE ABANDONED MINE LAND RECLAMATION REGULATIONS

95

COAL EXPLORATION NOTICES: LEGISLATIVE HISTORY

96

MINE SUBSIDENCE INSURANCE
[Addendum to STATE INQUIRY REPORT No. 67]

97

DEFINITION OF "PERENNIAL STREAM"

98

DEFINITION OF "REASONABLY AVAILABLE SPOIL"

99

BURDEN OF PROOF - SHOW CAUSE ORDERS

100

RECLAMATION RESPONSIBILITY

101

PERMIT INFORMATION RE. THE RIGHT TO SUBSIDE

102

FORFEITURE OF RECLAMATION BONDS; LIABILITY PERIOD

103

30 CFR 816.95 OR STABILIZATION OF SURFACE AREAS

104

INDIANA ALJ AND IBLA DECISIONS

105

BOND FORFEITURE-RELATIONSHIP OF BOND TO PERMITTED AREA

106

CONSTITUTIONALITY OF THE 300 FOOT WAIVER REQUIREMENTS

107

EFFLUENT LIMITATION REQUIREMENTS

108

BANKRUPT SURETY COMPANY

109

DURATION OF MINING PERMITS FOR NON-FUEL MINES

110

EXTENSION OF THE 90-DAY ABATEMENT PERIOD FOR "GOOD CAUSE SHOWN"

111

TERMINATION OF JURISDICTION; WETLAND TREATMENT OF ACID MINE DRAINAGE (AMD); and ACID MINE DRAINAGE OFF THE PERMIT AREA

112

REVEGETATION: TIMING

113

DEFINITIONS OF "SOIL" AND "MINERAL"

114

SURVIVAL OF CIVIL PENALTIES

115

EXEMPTION FOR GOVERNMENT-FINANCED CONSTRUCTION

116

SUBSIDENCE: AN OVERSIGHT OF SIGNIFICANT ISSUES

117

HIGHWALL ELIMINATION: REGULATIONS OF INDIANA, TENNESSEE, WEST VIRGINIA, WYOMING, MONTANA; and CONTEMPOANEOUS RECLAMATION: REGULATIONS OF INDIANA, TENNESSEE, WEST VIRGINIA, WYOMING, MONTANA

118

MAJOR/MINOR PERMIT REVISIONS

119

BONDING - LEGISLATIVE HISTORY

120

ATTORNEYS' FEES

121

COAL FINES

122

PERMITTING: A. PERMIT APPLICATION APPROVAL PROCESS; and IMPACTS ON AREAS OUTSIDE THE PERMIT BOUNDARY

123

PREPAYMENT OF CIVIL PENALTIES

124

BONDING PROGRAMS

125

REVEGETATION

126

FLY ASH DISPOSAL

127

SEALING EXPLORATORY DRILLED HOLES; and SEALING DRILLED HOLES IN ACTIVE PERMIT AREAS

128

USE OF AML FUNDS TO RESTORE PUBLIC FACILITIES "ADVERSELY AFFECTED BY COAL MINING PRACTICES"

129

LANDFILL AS A POSTMINING LAND USE

130

SET-OFF OF CIVIL PENALTIES FROM BOND PROCEEDS

131

INDIVIDUAL LIABILITY OF CORPORATE OFFICER, DIRECTOR OR AGENT

132

INSPECTION OF BLAST RECORDS

133

EXEMPTION FOR GOVERNMENT-FINANCED CONSTRUCTION

134

16 2/3 EXEMPTION (UPDATE OF PRIOR REPORTS)

135

DEFINITION OF "MINE STABILITY"

136

DEFINITION OF "IN CONNECTION WITH" UNDER "SURFACE MINING OPERATIONS"

137

UPDATED INFORMATION ON BOND RATES

138

HISTORY OF THE TWO-ACRE EXEMPTION

139

VALID EXISTING RIGHTS (VER)

140

STATE SURFACE COAL MINE REGULATIONS PRE-SMCRA

141

REDUCTION OF THE MANDATORY CIVIL PENALTY

142

FISH AND WILDLIFE INFORMATION REQUIREMENTS

143

IMPOUNDMENTS

144

THIRD PARTY INTERFERENCE PREVENTING PHASE 3 BOND RELEASE

145

STATUS OF REMINING BILLS

146

SURETY'S RIGHT TO A HEARING IN BOND FORFEITURE PROCEEDINGS

147

PERMIT, ACREAGE AND INSPECTION FEES [Update of REPORT No. 17 (1984)]

148

CONTRACTOR LIABILITY FOR VIOLATIONS; OWNERSHIP AND CONTROL OF OPERATIONS

149

HAUL ROADS AND VALID EXISTING RIGHTS

150

BONDING FOR LONG-TERM FACILITIES

151

SUBSIDENCE: AN OVERSIGHT OF SIGNIFICANT ISSUES [Update of REPORT Nos. 101 & 116]

152

CHALLENGES TO CUMULATIVE HYDROLOGIC IMPACT ASSESSMENTS (CHIAs)

153

90-DAY ABATEMENT PERIOD: SETTING A "REASONABLE TIME" FOR ABATEMENT

154

STATE PERMITTING ON FEDERAL LANDS

155

LANDS UNSUITABLE FOR MINING AND VALID EXISTING RIGHTS (VER) IN A SEVERED MINERAL SITUATION

156

LANDS UNSUITABLE FOR MINING: DEFINITION OF "RENEWABLE RESOURCE" and "FRAGILE OR HISTORIC LANDS" [Includes COALEX REPORT Nos. 85, 35, 39 & 93]

157

DEFINITION OF "ADJACENT TO" UNDER "SURFACE MINING OPERATIONS"

158

CITIZENS' SUITS: THE 60-DAY LETTER

159

REVIEW OF PERMIT APPLICATIONS; SUBSIDENCE [Includes REPORT Nos. 101, 122, 135 & 151]

160

REMINING ABOVE AN ABANDONED MINE SITE

161

LANDS UNSUITABLE FOR MINING: DEFINITION OF "NATURAL HAZARD LANDS" [Incorporates part of COALEX REPORT No. 156 and includes all of REPORT No. 85]

162

BOND FORFEITURE: RENUMBERED BOND

163

ATTORNEYS' FEES

164

RIGHT OF ENTRY INFORMATION IN PERMIT APPLICATIONS

165

PERMIT REVISIONS; INCIDENTAL BOUNDARY REVISIONS

166

PERMITTING OF WETLANDS: PROCEDURES FOR NOTIFYING THE ARMY CORPS OF ENGINEERS

167

AUGER MINING: DISTANCE REQUIREMENTS FOR BACKFILLING AND GRADING

168

CONFIDENTIALITY OF COAL OWNERSHIP INFORMATION IN PERMIT APPLICATIONS

169

OWNERSHIP AND CONTROL; APPLICANT VIOLATOR SYSTEM

170

DISPOSAL OF COAL PROCESSING WASTE

171

PERMIT RENEWALS: NOTIFICATION OF SURETIES; LIABILITIES OF SURETIES and OBTAINING DEFICIENCY JUDGMENTS AGAINST COAL MINING COMPANY STOCKHOLDERS

172

IN ABILITY TO COMPLY (30 CFR 843.18) [Includes COALEX STATE INQUIRY REPORT No. 141]

173

COAL REMOVAL INCIDENT TO PRIVATE DEVELOPMENT [Includes COALEX REPORT Nos.115 & 133]

174

AGENCIES RESPONSIBLE FOR ISSUING SURFACE MINING AND NPDES PERMITS

175

400 YEAR PRECIPITATION EVENT: LIABILITIES AND REMEDIES FOR OFF-SITE DAMAGE

176

SUBSTITUTING ALTERNATIVE MATERIALS FOR TOPSOIL

177

SUBSIDENCE CONTROL: 6 MONTH NOTICE

178

PERMITTING OF A TEMPORARY PUBLIC ROAD

179

INSPECTABLE UNITS LIST (IUL)

180

ATTORNEYS' FEES IN NON-ENFORCEMENT, NON-ADVERSARIAL PROCEEDINGS [Includes REPORT No. 120; updates REPORT Nos. 120 & 163]

181

CURRENT LIABILITY FOR ACID MINE DRAINAGE UNDER A PRE-SMCRA PERMIT

182

DEFINITION OF "SOIL" AND "MINERAL" [Update of COALEX REPORT No. 113]

183

UNWARRANTED FAILURE TO COMPLY: DEFINITION OF "INDIFFERENCE", "LACK OF DILIGENCE" and "LACK OF REASONABLE CARE" [Includes COALEX REPORT Nos. 141 & 172]

184

USE OF LETTERS OF CREDIT AS RECLAMATION BONDS

185

SELF-BONDING

186

SUBSIDENCE INSURANCE

187

REVEGETATION PRODUCTIVITY MEASUREMENTS FOR PHASE III BOND RELEASE

188

ABANDONED MINE LAND (AML) RECLAMATION; EXCESS SPOIL DISPOSAL [Includes COALEX REPORT Nos. 28 & 176]

189

SUBSIDENCE AND PUBLIC LAND USE; TAKINGS

190

VARIANCE FROM AOC FOR PARTIAL MOUNTAINTOP REMOVAL

191

IS FILL DIRT CONSIDERED A "MINERAL" FOR REGULATORY PURPOSES? [Includes STATE INQUIRY REPORT Nos. 134, 47, 24, 113 & 182]

192

ACID MINE DRAINAGE (AMD)

193

FAILURE TO MAINTAIN SEDIMENTATION PONDS (SILTATION STRUCTURES)

194

PERMITTING OF UTILITY LINES

195

REFORMATION OF BOND

196

TRANSFER OF A PERMIT

197

NPDES PERMITS: STATE SET WATER QUALITY STANDARDS

198

DEFINITION OF "PUBLIC FACILITIES"; STATUS OF UNDERGROUND PIPELINES WITHIN SMCRA

199

INCREASING BOND FOR OPERATOR IN BANKRUPTCY (EXCEPTION FROM AUTOMATIC STAY PROVISIONS OF SECTION 362 OF BANKRUPTCY CODE)

200

PHC/CHIA DATA COLLECTION ON PUBLIC ROADS
[Includes COALEX REPORT Nos. 152 & 178]

201

LEGISLATIVE HISTORY OF PHRASE "OWNED OR CONTROLLED" [SMCRA 510(C)]

202

OFFSITE DISPOSAL OF EXCESS SPOIL

203

WATER SUPPLY REPLACEMENT FOR UNDERGROUND MINING [Includes COALEX STATE INQUIRY REPORT Nos. 35 & 93]

204

LENGTH OF TIME FOR PERMIT APPROVAL

205

PERMITTING OF RAILROAD SIDINGS AND SPUR LINES

206

LIABILITY PERIOD FOR ALTERNATE POSTMINING LAND USE

207

ENVIRONMENTAL EXTERNALITIES

208

EXTENSION OF CONDITIONS ON FEDERAL COAL LEASE TO STATE'S PERMIT OF PRIVATELY-OWNED SURFACE [Includes COALEX REPORT No. 154]

209

REPLACEMENT OF TOPSOIL; PERMIT REQUIREMENTS "MORE STRINGENT THAN" THE REGULATIONS

210

DEFINITION OF OR TEST FOR "VALID EXISTING RIGHTS (VER)";
2. SUBSIDENCE: COMPENSATION FOR DAMAGED STRUCTURES AND WATER SUPPLY

211

BUFFER ZONE FOR CEMETERIES

212

DISCRETION TO WAIVE CIVIL PENALTIES

213

LANDS UNSUITABLE; VALID EXISTING RIGHTS; TAKINGS [Includes COALEX REPORT Nos. 139, 155, 156 & 189)

214

DEFINITION OF "TIMING AND FREQUENCY OF BLASTS"

215

WATER QUALITY STANDARDS AND EFFLUENT LIMITATIONS

216

UTAH RULES ON PERMIT TRANSFERS

217

SMCRA-RELATED AMENDMENTS TO HR 776, THE NATIONAL ENERGY BILL (5/92)

218

ARMY CORPS OF ENGINEERS

219

DEFINITION OF IMPOUNDMENT [Includes COALEX REPORT No. 143]

220

PETITIONS FOR COSTS, EXPENSES AND ATTORNEY'S FEES

221

NPDES PROCESSING FEES FOR SURFACE COAL MINES

222

PERMIT REVISIONS AND MIDTERM PERMIT REVIEWS

223

ORGANIZATION OF TITLE IV AND TITLE V REGULATORY AGENCIES

224

DEFINITION OF "OPERATOR" AND "PERMITTEE"

225

SMCRA, SUBSIDENCE AND ABATEMENT OF A PUBLIC NUISANCE

226

EFFLUENT LIMITATION REQUIREMENTS AND DAMAGE FROM PREVIOUS MINING
[Includes COALEX REPORT Nos. 90 & 107]

227

CITIZENS' REQUEST FOR FEDERAL INSPECTION: LIABILITY FOR INJURY

228

INCIDENTAL BOUNDARY REVISIONS AND INSIGNIFICANT PERMIT REVISIONS

229

ATTORNEYS' FEES; II. DEFINITION OF "IN CONNECTION WITH"

230

DEFINITION OF "NO CONTINUING RECLAMATION RESPONSIBILITY"

231

OWNERSHIP AND CONTROL: "RELATED PARTIES" [Includes COALEX REPORT Nos. 131 & 148]

232

DEFINITION OF "OPERATOR" [Continuation of REPORT No. 224]

233

SUSPENSION OR REVOCATION OF PERMIT FOR INSUFFICIENT INFORMATION; LIABILITY FOR ATTORNEY'S FEES

234

PROPER SERVICE

235

DEFINITION OF "MATERIAL DAMAGE" RE: HYDROLOGIC BALANCE OUTSIDE THE PERMIT AREA

236

PATTERN OF VIOLATIONS

237

FUGITIVE DUST EMISSION REGULATIONS

238

PERMIT AND ACREAGE FEES [Updates REPORT Nos. 147 & 17]

239

HISTORIC AND ARCHAEOLOGIC RESOURCES

240

PROTECTION OF MINERAL RESOURCES: LOCAL ZONING ORDINANCES

241

REPLACEMENT OF WATER SUPPLY - PAYMENT OF ONGOING COSTS

242

TEN DAY NOTICES: DEFINITION OF "ABUSE OF DISCRETION"

243

LIABILITY INSURANCE COVERAGE

244

REGULATION OF SAND AND GRAVEL MINING

245

REGULATION OF ASH DISPOSAL

246

PRIME FARMLAND CONVERSION

247

COAL SEVERANCE TAX [Includes REPORT No. 59]

248

INTERPRETATION OF "FIRST NORMAL PERIOD FOR FAVORABLE PLANTING"

249

INITIATION OF OPERATIONS

250

VER: RIGHTS-OF-WAY OR EASEMENTS FOR RAILROADS [Updates COALEX REPORT No. 149]

251

BOND FORFEITURE: INSUFFICIENT FUNDS FOR RECLAMATION

252

NOTICES OF VIOLATION (NOVs)

253

GRAZING VIOLATIONS [Includes COALEX REPORT Nos. 183, 172 & 141]

254

STATE PROGRAM AMENDMENTS ON CONTEMPORANEOUS RECLAMATION and TIME AND DISTANCE REQUIREMENTS FOR BACKFILLING AND GRADING

255

DEFINITION OF "ADVERSELY AFFECT ANY PUBLICLY OWNED PARK"; PROHIBITION AGAINST MINING WITHIN 300 FEET OF A PUBLIC PARK

256

APPLICATION OF COAL MINE WASTE REGULATIONS IN BACKFILL OPERATIONS

257

BOND RELEASE: PRESENCE OF AMD SEEP

258

CITIZEN SUIT PROVISIONS: STANDING TO SUE

259

STATE NATURAL RESOURCE COMMISSIONS AS MULTIPLE INTEREST BOARDS; DEFINITION OF "EMPLOYEE"

260

DISPOSAL OF EXCESS SPOIL: DRAINAGE CONTROLS FOR DURABLE ROCK AND VALLEY FILLS

261

SIGNATURES ON THE 300 FOOT WAIVER

262

NON-COMMERCIAL USE OF "OTHER MINERALS"

263

BOND RELEASE/BOND FORFEITURE

264

MINING WITHIN 300 FEET OF A PUBLIC BUILDING

265

733 PROCEDURES

266

ATTORNEYS' FEES [Updates REPORT Nos. 120, 163, 180 & 220]

267

ALTERNATIVE TO TOPSOIL

268

IMPROVIDENTLY ISSUED PERMIT

269

SURETY AS "PERMITTEE" OR "OPERATOR"

270

DEFINITION OF "A LOADED HOLE"

271

REVEGETATION PRODUCTIVITY MEASUREMENTS

272

ALLUVIAL VALLEY FLOORS (AVF): DEFINITION OF "NOT SIGNIFICANT TO FARMING" or "NEGLIGIBLE IMPACT ON FARM'S AGRICULTURAL PRODUCTION"

273

TEMPORARY CESSATION OF OPERATIONS

274

PERMITTING OF THE "SHADOW AREA"

275

REVOCATION OF PERMIT AS A RESULT OF ADMINISTRATIVE ERRORS

276

DEFINITION OF: "CURRENT, PRUDENT ENGINEERING PRACTICES"

277

DEFINITION OF "IN SITU PROCESSES"

278

AVAILABILITY OF PERMIT, INSPECTION AND ENFORCEMENT RECORDS

279

OPERATOR/PERMITTEE LIABILITY FOR FEES; OWNERSHIP & CONTROL/APPLICANT VIOLATOR SYSTEM (AVS)

280

RESCISSION PROCEDURES FOR IMPROVIDENTLY ISSUED PERMITS

281

ELIGIBILITY FOR ATTORNEY'S FEES

282

DEFINITION OF "DAMAGE" IN PHRASE: "PROTECT OFFSITE AREAS FROM SLIDES AND DAMAGE"

283

TRANSFERABILITY OF VALID EXISTING RIGHTS (VER)

284

CHANGES IN APPROVED DRAINAGE DESIGN

285

ROOT MATERIAL IN TOPSOIL

286

BOND RELEASE ON INTERIM PERMIT SITES; CONTROLLING PERFORMANCE STANDARDS [Includes COALEX REPORT No. 181]

287

EXEMPTION FOR GOVERNMENT-FINANCED CONSTRUCTION [Updates COALEX REPORT Nos. 115, 133 & 262]

288

RIGHT OF ENTRY ON NAVIGABLE WATERWAY

289

MINE RISK ASSESSMENT TO DETERMINE MINE INSPECTION FREQUENCY

290

DEFINITION OF "HIGHER AND BETTER USE"

291

SURFACE AND GROUND WATER MONITORING

292

HIGHWALL ELIMINATION & AOC: "BLENDING IN"

293

MOVING EQUIPMENT OFF PERMIT AREA [Includes COALEX REPORT Nos. 136 & 157]

294

CYANIDATION; CHEMICAL LEACHING

295

"BURDEN OF PROOF" REQUIREMENTS AT DIFFERENT ADMINISTRATIVE HEARINGS

296

LANDOWNER REFUSING RIGHT OF ENTRY FOR RECLAMATION [Includes COALEX REPORT Nos. 141 & 172]

297

FEDERAL ADVISORY COMMITTEE ACT

298

775.11(B) HEARING WITHIN 30 DAYS OF PERMIT DENIAL & DECISION WITHIN 30 DAYS OF HEARING

299

MATERIAL DAMAGE TO STRUCTURES AS A RESULT OF SUBSIDENCE

300

DENIAL OF ADMINISTRATIVE EXPENSES

301

LEGISLATIVE HISTORY OF 1989-90 AML LEGISLATION

302

SURFACE EFFECTS OF UNDERGROUND NON-COAL MINE

303

RETIREMENT OF PARTNER FROM CONTINUING PARTNERSHIP; COAL REMOVAL INCIDENT TO PRIVATE DEVELOPMENT [Includes COALEX REPORT Nos. 173 & 262]

304

FEDERAL INSPECTIONS - DEFINITION OF "ARBITRARY, CAPRICIOUS OR AN ABUSE OF DISCRETION" UNDER 30 CFR 842.11(b)(1)(ii)(B)(2)

305

"SUBSTANTIAL ECONOMIC LOSS" OR "CONDITIONS BEYOND THE CONTROL OF THE PERMITTEE" AS REASONS FOR EXTENDING THE INITIATION OF OPERATIONS

306

PROCEDURES FOR FORFEITURE OF SURETY BONDS

307

DEFINITION OF "OCCUPIED DWELLING"; ADJUDICATION OF PROPERTY RIGHTS [Includes COALEX REPORT Nos. 72 & 288]

308

"IN CONNECTION WITH" Continuation of COALEX REPORT No. 293]

309

IMPOSITION OF INDIVIDUAL CIVIL PENALTIES FOR CORPORATE VIOLATIONS [Update of COALEX REPORT No. 131]

310

POSTMINING LAND USE CHANGE - SURFACE MINING

311

WATER RIGHTS AND REPLACEMENT UPDATE

312

IS A BANKRUPTCY TRUSTEE CONSIDERED AN "OWNER OR OPERATOR"?

313

LEGISLATIVE HISTORY OF SURFACE MINING REGULATION

314

REGULATION OF NON-COAL ON FEDERAL LANDS

315

SMALL OPERATOR ASSISTANCE PROGRAM (SOAP)

316

COAL REFUSE DISPOSAL IN VALLEYS WITH STREAMS

317

STATE REGULATIONS WHICH ARE INCONSISTENT WITH FEDERAL SMCRA

318

GOVERNMENT IMMUNITY: STATE'S LIABILITY WHEN CLEANING UP WASTE
AT AML SITES

319

MONITORING GROUND VIBRATION LIMITS

320

REGULATION OF SITES WITH OIL OR GAS OPERATIONS AND COAL MINING OPERATIONS

321

TRANSFER, ASSIGNMENT OR SALE OF PERMIT RIGHTS

322

SETTLEMENT OF CIVIL PENALTIES

323

DEFINITION OF "ALL ANTICIPATED MINING IN CUMULATIVE IMPACT AREA" [Includes COALEX REPORT No. 152]

324

SURFACE MINING PERMIT AS "PROPERTY OF THE ESTATE" OF BANKRUPT OPERATOR

325

DEFINITION OF "STRUCTURE" ON ABANDONED MINE (AML) SITES

326

PREPAYMENT OF CIVIL PENALTIES [Update of COALEX REPORT No. 123]

327

OWNERSHIP & CONTROL: DEFINITION OF "CONTROLLED" [Update of COALEX REPORT No. 231, which includes REPORT Nos. 148 & 131]

328

ATTORNEYS' FEES

329

UPDATE ON 16 2/3 EXEMPTIONS, INCIDENTAL DEVELOPMENT, and DEFINITION OF "MINERAL"

330

GUIDELINES ON "BEST MANAGEMENT PRACTICES" FOR MINING

331

ACID MINE DRAINAGE (AMD) and HYDROLOGIC BALANCE [Update of REPORT No. 192]

332

VALID EXISTING RIGHTS (VER) [Update]

333

TAKINGS [Update]

334

PUBLIC NOTICE REQUIREMENTS FOR PERMIT MODIFICATION

335

PREBLAST SURVEY

336

MODIFICATION OF A TERMINATED NOTICE OF VIOLATION (NOV)

337

APPLICABILITY OF STATE ADMINISTRATIVE PROCEDURE ACT PROVISIONS TO SMCRA; DECISIONS RE: REPLACEMENT OF WATER SUPPLY

338

DEFINITION AND DISPOSAL OF COAL PROCESSING WASTE

339

LEGISLATIVE HISTORY OF SMCRA SECTIONS 506, 507 & 510

340

10-YEAR 24-HOUR PRECIPITATION EVENTS

341

APPROXIMATE ORIGINAL CONTOUR (AOC)

342

522(a)(6) - "SUBSTANTIAL LEGAL AND FINANCIAL COMMITMENT"

343

PERMITTING OF NONCOAL SURFACE MINING OPERATIONS

344

TRANSFERABILITY OF VER FOR HAUL ROADS

345

USE OF TAGGANTS IN EXPLOSIVES

346

DAMAGE TO STRUCTURES AND REPLACEMENT OF WATER SUPPLIES

347

STATE SMCRA PROGRAM AMENDMENTS RELATING TO EPA REGULATIONS

348

WHAT CONSTITUTES "RECEIPT" OF A RECORD FOR A FOIA REQUEST?

349

RIGHT OF ENTRY: INSPECTOR'S PRESENTATION OF CREDENTIALS

350

RESTORING THE LAND TO ITS PREMINING "CAPABILITY"