2 Colo. Code Regs. § 407-2-4
Current through Register Vol. 47, No. 16, August 25, 2024
This Rule sets forth the minimum performance standards and design requirements to be used for coal exploration, surface coal mining and reclamation operations, surface coal mining and reclamation operations incident to underground mining activities and special categories of mining. These performance standards and design requirements will provide for: 120(1) 121(1)
The Board has the authority to promulgate Rules pursuant to the Act which set forth minimum performance standards and design requirements for surface coal mining and reclamation operations.
Signs and markers required by 4.02 shall:
The perimeter of a permit area for surface coal mining activities, or in the case of underground mining activities, the perimeter of all areas affected by surface operations or facilities, shall be clearly marked before the beginning of surface coal mining operations. 103(18)
Signs and markers shall be maintained during the conduct of all activities to which they pertain.
Buffer zones established under the provisions of 4.05.18 shall be clearly marked. 120(2)(j)(II)(A)
If surface blasting is conducted incident to surface coal mining operations, the person who conducts these operations shall: 120(2)(o)(I)
Where topsoil or other vegetation-supporting material is segregated and stockpiled as required under 4.06.3, the stockpiled material shall be clearly marked.
Haul roads not within the disturbed area in accordance with Rule 4.05.2 Shall be designed and constructed or reconstructed in compliance with the following standards in order to control erosion and disturbance of the hydrologic balance:
Access roads not within the disturbed area in accordance with Rule 4.05.2 Shall be designed and constructed or reconstructed in compliance with the following standards in order to control erosion and disturbance of the hydrologic balance:
Field-design methods may be utilized for light-use roads.
Immediately after a light-use road is no longer needed for operations, reclamation, monitoring or the post mining land use as approved by the Division:
Support facilities required for, or used incidental to surface or underground mining activities, including, but not limited to, mine buildings, coal loading facilities at or near the mine site, coal storage facilities, equipment storage facilities, fan buildings, hoist buildings, preparation plants, sheds, shops, other buildings, railroad loops, spurs, sidings, surface conveyor systems, chutes, aerial tramways, or other transportation facilities shall be designed, constructed or reconstructed, and maintained, and the area restored, to: 103(26)
Discharge from sedimentation ponds, other treatment facilities, permanent and temporary impoundments, coal processing waste dams and embankments, and diversions shall be controlled by energy dissipators, riprap channels and other means or devices, where necessary, to reduce erosion, to prevent deepening or enlargement of stream channels, and to minimize disturbance of the hydrologic balance. Discharge structures shall be designed according to standard engineering design procedures. 120(2)(d) 120(2)(j)(V) 121(2)(i)(II)
Drainage from acid-forming and toxic-forming spoil or underground development waste into ground or surface water shall be avoided by: 120(2)(j)(I) 1121(2)(i)(I)
Permanent impoundments for beneficial use of stored water may only be authorized in accordance with applicable State law and upon the basis of the following demonstration: 120(2)(n)
Surface coal mining operations shall be conducted in a manner that facilitates reclamation which will restore approximate pre mining recharge capacity, through restoration of the capability of the reclaimed areas as a whole, excluding coal processing waste and underground development waste disposal areas and fills, to transmit water to the ground water system. The recharge capacity shall be restored to a condition which: 120(2)(j)(IV)
An exploratory or monitoring well may only be transferred by the person who conducts surface or underground mining activities for further use as a water well in accordance with the following requirements:
Water from the surface or from an underground mine shall not be diverted or otherwise discharged into underground mine workings, unless the person who conducts the surface or underground mining activities demonstrates to the Division that such diversion or discharges will:
Before abandoning the permit area, the person who conducts the surface or underground mining activities shall renovate all permanent sedimentation ponds, diversions, impoundments, and treatment facilities to meet criteria specified in the detailed design plan for the permanent structures and impoundments. 120(2)(j)(III)
Nutrients or other soil amendments shall be applied to the redistributed topsoil if shown to be required by soil tests based upon known plant nutrient requirements and such application supports the approved post mining land use and meets the revegetation requirements of 4.15. Rates of application shall be determined by soil tests of the topsoil prior to seeding. All soil tests shall be performed by a qualified laboratory using standard soil test procedures approved by the Division. 120(2)(f)
Each exploration hole, other drill or borehole, well, or other underground opening which is temporarily inactive, but has further intended useful service or will be mined through under the approved permit applications, shall be temporarily sealed before use and protected during use by barricades, fences, or other protective devices approved by the Division. These devices shall be periodically inspected and maintained in good operating conditions by the person conducting the surface coal mining operations. Boreholes or other underground openings extending deeper than the stratigraphic section mined through will be sealed below the stratigraphic section to be mined through.
When no longer needed for its intended use and upon a finding by the Division of no adverse environmental or health and safety effect, each exploration hole, other drilled hole or borehole, well, or other exposed underground opening including but not limited to shaft, drift, adit, tunnel, or entryway shall be capped, sealed, backfilled, or otherwise properly managed, as follows:
Permanent closure measures shall be designed to prevent access to the mine workings by people, livestock, fish and wildlife, machinery and to keep acid or other toxic drainage from entering ground or surface waters. closure construction shall be certified by a qualified registered professional engineer. The certification report shall be submitted to the Division upon completion of any construction and shall indicate that the closure has been completed as designed and in accordance with the approved plan and this rule.
When exploration holes, other drilled holes and boreholes, wells, or other underground openings occur in designated Ground Water Basins, as identified in accordance with C.R.S. 37-90- 106, the operator shall consult the applicable drill hole abandonment regulations administered by the State Engineer.
Lower Frequency Limit of Measuring System, Hz(3dB) | Maximuin Level in dB |
0.1 Hz or lower -- flat response1 .............. | 134 peak |
2 Hz Or lower -- flat response.................................................. | 133 peak |
6 Hz or lower -- flat response................................................... | 129 peak |
C-weighted, slow response..................................................... | 105 C |
1 Only when approved by the Division |
Distance (D) from the Blasting Site (in feet) | Maximum Allowable Peak Particle Velocity (V max) for Ground Vibration (in inches/second[DAGGER]) | Scaled-Distance Factor to be Applied without Seismic Monitoring (Ds[DOUBLE DAGGER]) |
0 to 300 | 1.25 | 50 |
301 to 5000 | 1.00 | 55 |
5001 and beyond | 0.75 | 65 |
[DAGGER] Ground velocity shall be measured as the particle velocity. Peak particle velocities shall be recorded in three mutually perpendicular directions from the blasting site. The maximum peak particle velocity shall be the largest of any of the three measurements. | ||
[DOUBLE DAGGER] Applicable to the scaled-distance equation of Rule 4.08.4(10)(c)(i) | ||
Distance, in feet (D) | Maximum weight, in pounds (W) |
300 | 36 |
350 | 40 |
400 | 53 |
500 | 83 |
600 | 119 |
700 | 161 |
800 | 212 |
900 | 268 |
1,000 | 331 |
1,100 | 400 |
1,200 | 476 |
1,300 | 559 |
1,400 | 648 |
1,500 | 744 |
1,600 | 846 |
1,700 | 955 |
1,800 | 1,071 |
1,900 | 1,193 |
2,000 | 1,322 |
2,500 | 2,066 |
3,000 | 2,975 |
3,500 | 4,050 |
4,000 | 5,289 |
4,500 | 6,694 |
5,000 | 8,264 |
A record of each blast, including seismograph reports, shall be retained for at least 3 years and shall be available for inspection by the Division and by the public on request. The record shall contain the following data:
Disposal of excess spoil in valley fills shall meet all the requirements of 4.09.1 and the additional requirements of 4.09.2.
Total Amount of Fill Material | Predominant Type of Fill Material | Minimum Size of Drain, in feet | |
Width | Height | ||
Less than 1,000,000 yd3 | Sandstone Shale | 10 | 4 |
16 | 8 | ||
More than 1,000,000 yd3 | Sandstone Shale | 16 | 8 |
16 | 16 | ||
Disposal of spoil in the head-of-hollow fill shall meet all the standards set forth in Rules 4.09.1 and 4.09.2 and the additional requirements of Rule 4.09.3.
The Division may approve the alternative method of disposal of excess durable rock by gravity placement in single or multiple lifts, provided the following conditions are met:
Coal mine waste fires shall be extinguished by the person who conducts the surface coal mining operations, in accordance with a plan approved by the Division and the Mine Safety and Health Administration. The plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the operator, and who have an understanding of the procedures to be used, shall be involved in the extinguishing operations. 120(2)(n) 121(2)(h)
Before any burned coal mine waste, other materials, or refuse is removed from a disposal area, approval shall be obtained from the Division. A plan for the method of removal, with maps and appropriate drawings to illustrate the proposed sequence of the operation and method of compliance with 4.11, shall be submitted to the Division. Consideration shall be given in the plan to potential hazards which may be created by removal to persons working or living in the vicinity of the structure. The plan shall be certified by a qualified engineer. 120(2)(k) 121(2)(d)
Coal mine waste may be returned to underground mine workings only in accordance with the waste disposal program approved by the Division and Mine Safety and Health Administration under Rule 2.05.3(9).
Before any coal processing waste is placed at a dam or embankment site:
Reclamation efforts, including, but not limited to, backfilling, grading, topsoil replacement and revegetation, of all land that is disturbed by surface coal mining operations shall occur as contemporaneously as practicable with mining operations. 120(2)(p) 121(2)(j)
These provisions of Rule 4.14.4 apply only when surface mining activities cannot be carried out to comply with Rule 4.14.1 to achieve the approximate original contour.
The provisions of Rule 4.14.5 apply only when surface mining activities cannot be carried out to comply with Rule 4.14.1 to achieve the approximate original contour.
Rills and gullies, which form in areas that have been regraded and top soiled shall be filled, regraded, or otherwise stabilized when such rills and gullies: 120(2)(d)
Plant species may be approved for use only if the species meet the following criteria:
The permittee must demonstrate that management of the reference area will be under the permittee's control and, will remain under the permittee's control throughout the period of extended liability under the performance bond requirements of 3.02.3.
In such cases, selection of a separate reference area representative of each plant community present within the area to be disturbed is not required. Consequently, the demonstration of statistical equivalency for vegetation cover and herbaceous production between the reference area and a particular plant community, which will not be replaced, is not required.
Such reference areas will be approved only when the permittee has demonstrated that the altered vegetation community structure will be as effective as pre-mining vegetation in meeting the post-mining land use needs, and in controlling erosion.
The permittee must demonstrate that the reference area selected reflects proper land management and is representative of the ecological site conditions for the reclaimed area as determined by pre-mining inventories and the reclamation plan.
The permittee must demonstrate that management of the reference area will be under the permittee's control and, will remain under the permittee's control throughout the period of extended liability under the performance bond requirements of 3.02.3.
For grazingland, pastureland, or cropland, applicable revegetation success standards shall be demonstrated during the growing season of any two years following year six, where the minimum ten year liability period applies, pursuant to Rule 3.02.3; but bond release cannot be approved prior to year ten. Such standards shall be demonstrated during any two growing seasons except the first year of the liability period, where the minimum five year liability period applies, pursuant to Rule 3.02.3.
For areas approved for Forestry, Recreation, Wildlife Habitat, or Undeveloped Land post mining land use, applicable success standards shall be demonstrated during any growing season after year nine of the liability period, where the minimum ten year liability period applies. Such standards shall be demonstrated during any two growing seasons except the first year of the liability period, where the minimum five year liability period applies, pursuant to Rule 3.02.3.
For areas approved for a post mining land use of Rangeland, the success of cover, diversity, and herbaceous production shall be demonstrated during the growing season of any two years following year six, where the minimum ten year liability period applies, pursuant to Rule 3.02.3; but bond release cannot be approved prior to year ten. Such standards shall be demonstrated during any two growing seasons except the first year of the liability period, where the minimum five year liability period applies, pursuant to Rule 3.02.3. The success of woody plant reestablishment shall be demonstrated during any growing season after year nine, where the minimum ten year liability period applies, pursuant to Rule 3.02.3. Woody plant reestablishment success shall be demonstrated during any growing season after year four of the liability period, where the minimum five year liability period applies, pursuant to Rule 3.02.3.
The liability period shall re-initiate whenever augmented seeding, planting, fertilization, irrigation, or other augmentive work is required or conducted. Management activities that are not augmentive and are approved as normal husbandry practices may be conducted without reinitiating the liability period under the following specified conditions:
The "Colorado Weed Management Act" (§ 35-5.5-115) and the Division's "Guideline for the Management of Noxious Weeds on Coal Mine Permit Areas" are hereby incorporated by reference as they existed on the date of these regulations. This rule does not include later amendments to or editions of the incorporated material. Copies of the Weed Management Act are available on the Department of Agriculture's, Division of Plant Materials web site. The Guideline for Management of Noxious Weeds on Coal Mine Permit Areas is available on the Division's web site. Both documents are also available at cost upon request from the Division and are available at the Division's Denver office.
Interseeding is defined as a tool to enhance the diversity of established vegetation. Forb, shrub, and grass species native to the area are considered acceptable. The exact species to be used depends upon the post mining land use. Interseeding only applies to lands where vegetation is established and no other management tools are necessary. In contrast, augmented seeding is reseeding with fertilizer or irrigation, or in response to an unsuccessful reclaimed parcel. If a reclaimed parcel is deficient in vegetative cover due to insufficient moisture, poor germination or improper planting methodologies, augmented seeding would be necessary and the ten year liability period is reinitiated.
For areas to be used as cropland, success of revegetation shall be determined on the basis of crop production from the mined area as compared to approved reference areas or other approved standard(s). Crop production from the mined area shall not be less than that of the approved reference area or standard during the growing season of any two years following year six, where minimum 10 year liability period applies, pursuant to 3.02.3; but bond release cannot be approved prior to year 10. This liability period shall commence on the date of initial planting of the crop being grown. Production shall be considered equal if it is not less than 90% of the production as determined from the reference area or approved standard based on applicable demonstration methods of 4.15.11.
Total harvest success demonstration can be substituted for herbaceous production sampling; and total woody plant count (complete census) can be substituted for woody plant density sampling, upon approval by the Division, based on demonstration that the total harvest or census method employed is appropriate and practicable, and no less effective than statistically valid sampling.
The null hypothesis being tested is that the bond release block mean ([MICRO]) is less than or equal to 90% of the standard, stated as Ho: [MICRO] [LESS THAN EQUAL TO] Q.
If tc is greater than the 1-tailed t table value for alpha error probability of .20, with (n-1) degrees of freedom (infinite degrees of freedom may be used if n>30), then Ho is rejected, and revegetation is deemed successful.
The general form of the reverse null (presented above) is for a one sample t-test, which is valid when sample adequacy is achieved in the reference area. A two sample t-test (with Satterthwaite corrected standard error and degrees of freedom) is required if sample adequacy is not achieved in the reference area. In the latter case, a minimum sample size of 30 is required in the reference area as well as in the reclaimed area.
Step 1: Rank sample observation values in ascending order from 1 to n.
Step 2: Calculate approximate lower 80% confidence limit on the median with the following formula (from Gilbert, 1987. Statistical Methods for Environmental Pollution Monitoring. See Page 142, Equation 11.13 and related narrative. This book is hereby incorporated by reference as it existed on the date of adoption of these rules and does not include later revisions to the book. The book can be viewed at the Division as set forth in Rule 1.01(9)).
L = p(n+1)- Z [np (1-p)] 1/2
Where:
L = order statistic corresponding to the one sided lower 80% confidence limit p = .5 (e.g. the .5 quantile, or median)
n = sample size
Z = 0.842 (the t-table value for infinite degrees of freedom for 1 sided test; alpha = .20)
Note that the value for L will be an order statistic, and likely will not be an integer. If L is an integer (for example, 12) the lower confidence limit is the 12th ranked value in the data set. In the more likely event that L is not an integer, the limit is obtained by linear interpolation between the closest order statistics. For example, if L = 11.506, then the lower confidence limit is the value that is 50.6% of the way between the 11th and 12th order statistics.
All areas affected by surface coal mining operations shall be restored in a timely manner: 120(2)(b) 121(2)(j)
The post mining land use shall be determined after consideration for the use(s) before any mining and the appropriateness of such use(s) based on the land's capability.
Alternative land uses may be approved by the Division after consultation with the landowner or the land-management agency having jurisdiction over the lands, if the following criteria are met:
Each person who conducts surface coal mining and reclamation operations shall stabilize and protect all surface areas, including spoil piles, to effectively control erosion and attendant air pollution and shall conduct such operations in such a manner so as to comply with all applicable State and Federal air quality statutes and regulations.
The mining schedule shall be distributed by mail to all owners of property and residents within the area above the underground workings and adjacent areas. Each such person shall be notified by mail at least six months prior to mining beneath his or her property or residence. The notification shall contain, in minimum: 121(1)
If a permittee employs mining technology that provides for planned subsidence in a predictable and controlled manner, the permittee must take necessary and prudent measures, consistent with the mining method employed, to minimize material subsidence damage to the extent technologically and economically feasible to non-commercial buildings and occupied residential dwellings and structures related thereto except that measures required to minimize material subsidence damage to such structures are not required if:
This section sets forth performance standards and design requirements required for coal exploration which substantially disturbs the natural land surface. These performance standards are the minimum standards which shall be required of such exploration, and such exploration, may, at the discretion of the Division, for good cause shown, be further required to comply with applicable performance standards and design requirements of Rule 4. 117
Each person who conducts coal exploration which removes more than 250 tons of coal shall, while in the exploration area, possess the written approval of the Board or Division. The written approval shall be available for review by the authorized representative of the Board or Division upon request. 117(4), 122(4)
The performance standards in 4.21.4 are applicable to coal exploration which substantially disturbs the land surface.
Any person who extracts coal for commercial sale during coal exploration operations must obtain a surface coal mining operations permit for those operations from the Division in accordance with 2.01. No permit is required if the Division makes a prior determination that the sale is to test for coal properties necessary for the development of surface coal mining operations for which a permit application is to be submitted at a later time. 109(1)
This Section establishes minimum performance standards to ensure the maximum practical recovery of coal resources, to avoid multiple disturbances of surface lands, and to establish a variance from the requirement that reclamation efforts proceed as contemporaneously as practical in cases of combined surface and underground mining activities.
In addition to the applicable requirements of Rule 4 each person who conducts combined surface and underground mining activities shall comply with the following:
This Section establishes environmental protection performance standards in addition to those applicable performance standards in Rule 4, to prevent any unnecessary loss of coal reserves and to prevent adverse environmental effects from auger mining incident to surface mining activities. 120(2)(i)
Undisturbed areas of coal shall be left in unmined sections which:
This Section establishes minimum environmental protection performance, reclamation and design standards for surface coal mining operations on or which affect alluvial valley floors in arid or semi-arid regions. This Section sets forth additional standards to preserve essential hydrologic functions, to protect existing or potential agricultural uses and the productivity of alluvial valley floors during and after surface coal mining and reclamation operations, and establishes monitoring requirements.
Unless exempted by Section 34-33-114(4)(b) of the Act, surface coal mining operation for all prime farmlands as identified in Section 34-33-110(2)(q) of the Act to be mined and reclaimed, must comply with specifications for soil removal, storage, replacement, and reconstruction to be established by the State Conservationist of the U.S. Natural Resources Conservation Service, and the operator shall be required, as a minimum to:
Surface coal mining and reclamation operations on prime farmlands shall be conducted according to the following:
Each person who conducts surface coal mining activities on prime farmland shall meet the following revegetation requirements during reclamation:
This Section establishes special environmental protection performance, reclamation and design standards for mountaintop removal. Erosion control, contour grading, hydrologic balance and spoil placement are specified for those post mining land uses approved by the Division in accordance with a variance issued under 2.06.3 for restoring affected areas to their approximate original contour. 120(3)
Surface coal mining operations may be conducted under a variance from the requirement of 4.26 for restoring affected areas to their approximate original contour, if: 120(2)(c)
An outcrop barrier of sufficient width, consisting of the toe of the lowest coal seam, and its associated overburden, are retained to prevent slides and erosion, except that the Division may permit an exemption to the retention of the coal barrier requirement if the proposed mine site was mined prior to May 3, 1978, and the toe of the lowest seam has been removed. 120(3)(c)(I) 120(2)(u)
Spoil shall be placed on the mountaintop bench as necessary to achieve the post mining land use approved under 4.26.2(1)(c) and 4.26.2(1)(d). All excess spoil material not retained on the mountaintop shall be placed in accordance with 4.05.13 and 4.09. 120(3)(c)(V)
This Section sets forth the environmental performance standards and reclamation and design standards for surface coal mining and reclamation operations on steep slopes where steep slope is defined as any slope above 20 degrees or such lesser slope as may be determined by the Board or Division after consideration of soil, climate and other characteristics of a region. 120(4)(a) 120(4)(b)
Any surface coal mining and reclamation operations on steep slopes shall comply with the requirements of 4.27. The standards of 4.27 do not apply to mining conducted on a flat or gently rolling terrain with an occasional steep slope through which the mining proceeds and leaves a plain or predominately flat area, or to operations covered by 4.26. 120(4)(a)
Surface coal mining and reclamations operations shall comply with the following requirements, except to the extent a variance is approved under 2.06.4.
Persons may be granted variances from the approximate original contour requirements of 4.27.3(3) for steep slope coal mining and reclamation operations, if the following standards are met and a permit incorporating the variance is approved under 2.06.5; 120(5)(a)
In multiple-seam steep slope affected areas, spoil not required to reclaim and restore the permit area may be placed on a pre-existing bench, if approved by the Board or Division and if the following requirements are met: 120(5)(d) 120(2)(v)
This Section establishes requirements for construction, operation, maintenance, modification, reclamation and removal activities of coal processing plants and support facilities incident to surface or underground mining activities not located at or near the minesite or not within the permit area for the mine. 103(26)(a)(b)
Each person who conducts surface coal mining and reclamation operations, which includes the operation of a coal processing plant or support facility which is not located within the permit area for a specific mine, shall obtain a permit in accordance with 2.06.10 to conduct those operations and comply with 4.28.3.
Construction, operation, maintenance, modification, reclamation, and removal activities at operations covered by 4.28 shall comply with the following:
2 CCR 407-2-4