| (81) Ground water--Subsurface water that fills available
openings in rock or soil materials to the extent that they are considered
water saturated.
(82) Half-shrub--A perennial plant with a woody base
whose annually produced stems die back each year.
(83) Head-of-hollow fill--A fill structure consisting
of any material, other than coal processing waste and organic material,
placed in the uppermost reaches of a hollow where side slopes of the
existing hollow measured at the steepest point are greater than 20
degrees or the average slope of the profile of the hollow from the
toe of the fill to the top of the fill is greater than 10 degrees.
In fills with less than 250,000 cubic yards of material, associated
with contour mining, the top surface of the fill will be at the elevation
of the coal seam. In all other head-of-hollow fills, the top surface
of the fill, when completed, is at approximately the same elevation
as the adjacent ridge line, and no significant area of natural drainage
occurs above the fill draining into the fill area.
(84) Highwall--The face of exposed overburden and coal
in an open cut of a surface coal mining activity or for entry to underground
mining activities.
(85) Historically used for cropland--Refers to:
(A) lands that have been used for cropland for any
5 years or more out of the 10 years immediately preceding the acquisition,
including purchase, lease, or option, of the land for the purpose
of conducting or allowing through resale, lease or option the conduct
of surface coal mining and reclamation operations;
(B) lands that the Commission determines, on the basis
of additional cropland history of the surrounding lands and the lands
under consideration, that the permit area is clearly cropland but
falls outside the specific 5-years-in-10 criterion, in which case
the regulations for prime farmland may be applied to include more
years of cropland history only to increase the prime farmland acreage
to be preserved; or
(C) lands that would likely have been used as cropland
for any 5 out of the last 10 years, immediately preceding such acquisition
but for some fact of ownership or control of the land unrelated to
the productivity of the land.
(86) Historic lands--Historic, cultural, or scientific
resources. Examples of historic lands include archeological sites,
National Historic Landmarks, properties listed on or eligible for
listing on a state or National Register of Historic Places, properties
having religious or cultural significance to Native Americans or religious
groups, and properties for which historic designation is pending.
(87) Hydrologic balance--The relationship between the
quality and quantity of water inflow to, water outflow from, and water
storage in a hydrologic unit such as a drainage basin, aquifer, soil
zone, lake, or reservoir. It encompasses the dynamic relationships
among precipitation, runoff, evaporation, and changes in ground and
surface water storage.
(88) Hydrologic regime--The entire state of water movement
in a given area. It is a function of the climate and includes the
phenomena by which water first occurs as atmospheric water vapor,
passes into a liquid or solid form, falls as precipitation, moves
along or into the ground surface, and returns to the atmosphere as
vapor by means of evaporation and transpiration.
(89) Imminent danger to the health and safety of the
public--The existence of any condition or practice, or any violation
of a permit or other requirements of the Act in a surface coal mining
and reclamation operation, which condition, practice, or violation
could reasonably be expected to cause substantial physical harm to
persons outside the permit area before such condition, practice, or
violation can be abated. A reasonable expectation of death or serious
injury before abatement exists if a rational person, subjected to
the same condition or practices giving rise to the peril, would not
expose that person to the danger during the time necessary for abatement.
(90) Impoundment--A closed basin, naturally formed
or artificially built, which is dammed or excavated for the retention
of water, sediment, or waste.
(91) Indian lands--All lands, including mineral interests,
within the exterior boundaries of any federal Indian reservation,
notwithstanding the issuance of any patent, and including rights-of-way,
and all lands including mineral interests held in trust for or supervised
by an Indian tribe.
(92) Indian tribe--Any Indian tribe, band, group, or
community having a governing body recognized by the Secretary.
(93) Indirect financial interest--The same financial
relationships as for direct ownership, but where the employee reaps
the benefits of such interests, including interests held by his or
her spouse, minor child and other relatives, including in-laws, residing
in the employee's home. The employee will not be deemed to have an
indirect financial interest if there is no relationship between the
employee's functions or duties and the coal mining operation in which
the spouse, minor children or other resident relatives hold a financial
interest.
(94) In situ processes--Activities conducted on the
surface or underground in connection with in-place distillation, retorting,
leaching, or other chemical or physical processing of coal. The term
includes, but is not limited to, in situ gasification, in situ leaching,
slurry mining, solution mining, borehole mining, and fluid recovery
mining.
(95) Intermittent stream--A stream or reach of a stream
that:
(A) drains a watershed of at least one square mile;
or
(B) is below the local water table for at least some
part of the year, and obtains its flow from both surface runoff and
ground-water discharge.
(96) Irreparable damage to the environment--Any damage
to the environment that cannot be or has not been corrected by actions
of the applicant.
(97) Knowing or knowingly--With respect to §§12.696
- 12.699 of this title (relating to Individual Civil Penalties), that
a person who authorized, ordered, or carried out an act or omission
knew or had reason to know that the act or omission would result in
either a violation or a failure to abate or correct a violation.
(98) Lands eligible for remining--Previously mined
areas that would otherwise be eligible for expenditures under §134.142
of the Act.
(99) Land use--Specific uses or management-related
activities, rather than the vegetation or cover of the land. Land
uses may be identified in combination when joint or seasonal uses
occur. Changes of land use or uses from one of the following categories
to another shall be considered as a change to an alternative land
use which is subject to approval by the Commission.
(A) Cropland. Land used for the production of adapted
crops for harvest, alone or in a rotation with grasses and legumes,
and includes row crops, small grain crops, hay crops, nursery crops,
orchard crops, and other similar specialty crops. Land used for facilities
in support of cropland farming operations which is adjacent to or
an integral part of these operations is also included for purposes
of these land use categories.
(B) Pastureland or land occasionally cut for hay. Land
used primarily for the long-term production of adapted, domesticated
forage plants to be grazed by livestock or occasionally cut and cured
for livestock feed. Land used for facilities in support of pastureland
or land occasionally cut for hay which is adjacent to or an integral
part of these operations is also included.
(C) Grazingland. Includes both grasslands and forest
lands where the indigenous vegetation is actively managed for grazing,
browsing, or occasional hay production. Land used for facilities in
support of ranching operations which are adjacent to or an integral
part of these operations is also included.
(D) Forestry. Land used or managed for the long-term
production of wood, wood fiber, or wood derived products. Land used
for facilities in support of forest harvest and management operations
which is adjacent to or an integral part of these operations is also
included.
(E) Residential. Includes single- and multiple-family
housing, mobile home parks, and other residential lodgings. Land used
for facilities in support of residential operations which is adjacent
to or an integral part of these operations is also included. Support
facilities include, but are not limited to, vehicle parking and open
space that directly relate to the residential use.
(F) Industrial/Commercial. Land used for:
(i) extraction or transformation of materials for fabrication
of products, wholesaling of products, or for long-term storage of
products. This includes all heavy and light manufacturing facilities,
such as lumber and wood processing, chemical manufacturing, petroleum
refining, and fabricated metal products manufacturing. Land used for
facilities in support of these operations which is adjacent to or
an integral part of that operation is also included. Support facilities
include, but are not limited to, all rail, road, and other transportation
facilities; Cont'd... |
