This section tells you, the AML agency, what to do when considering an abandoned mine land reclamation project as government-financed construction under part 707 of this chapter. This section only applies if the level of funding for the construction will be less than 50 percent of the total cost because of planned coal extraction.
(a) Consultation with the Title V regulatory authority. In consultation with the Title V regulatory authority, you must make the following determinations:
(1) You must determine the likelihood of the coal being mined under a Title V permit. This determination must take into account available information such as:
(i) Coal reserves from existing mine maps or other sources;
(ii) Existing environmental conditions;
(iii) All prior mining activity on or adjacent to the site;
(iv) Current and historic coal production in the area; and
(v) Any known or anticipated interest in mining the site.
(2) You must determine the likelihood that nearby or adjacent mining activities might create new environmental problems or adversely affect existing environmental problems at the site.
(3) You must determine the likelihood that reclamation activities at the site might adversely affect nearby or adjacent mining activities.
(b) Concurrence with the Title V regulatory authority. If, after consulting with the Title V regulatory authority, you decide to proceed with the reclamation project, then you and the Title V regulatory authority must concur in the following determinations:
(1) You must concur in a determination of the limits on any coal refuse, coal waste, or other coal deposits which can be extracted under the part 707 exemption or counterpart State/Indian Tribe laws and regulations.
(2) You must concur in the delineation of the boundaries of the AML project.
(c) Documentation. You must include in the AML case file:
(1) The determinations made under paragraphs (a) and (b) of this section;
(2) The information taken into account in making the determinations; and
(3) The names of the parties making the determinations.
(d) Special requirements. For each project, you must:
(1) Characterize the site in terms of mine drainage, active slides and slide-prone areas, erosion and sedimentation, vegetation, toxic materials, and hydrologic balance;
(2) Ensure that the reclamation project is conducted in accordance with the provisions of 30 CFR subchapter R;
(3) Develop specific-site reclamation requirements, including performance bonds when appropriate in accordance with State procedures; and
(4) Require the contractor conducting the reclamation to provide prior to the time reclamation begins applicable documents that clearly authorize the extraction of coal and payment of royalties.
(e) Limitation. If the reclamation contractor extracts coal beyond the limits of the incidental coal specified in paragraph (b)(1) of this section, the contractor must obtain a permit under Title V of SMCRA for such coal. [64 FR 7483, Feb. 12, 1999]