| (C) agriculture, aquaculture or production of other
natural, processed or manufactured products which enter commerce;
and
(D) scenic, historic, archaeologic, esthetic, fish,
wildlife, plants or cultural interests.
(161) Siltation structure--A sedimentation pond, a
series of sedimentation ponds, or other treatment facility.
(162) Slope--Average inclination of a surface, measured
from the horizontal, generally expressed as the ratio of a unit of
horizontal distance to a given number of units of vertical distance
(e.g., 5h:1v). It may also be expressed as a percent or in degrees.
(163) Soil horizons--Contrasting layers of soil parallel
or nearly parallel to the land surface. Soil horizons are differentiated
on the basis of field characteristics and laboratory data. The four
master soil horizons are:
(A) A horizon. The uppermost mineral layer, often called
the surface soil. It is the part of the soil in which organic matter
is most abundant, and leaching of soluble or suspended particles is
typically the greatest;
(B) E horizon. The layer commonly near the surface
below an A horizon and above a B horizon. An E horizon is most commonly
differentiated from an overlying A horizon by lighter color and generally
has measurably less organic matter than the A horizon. An E horizon
is most commonly differentiated from an underlying B horizon in the
same sequum by color of higher value or lower chroma, by coarser texture,
or by a combination of these properties;
(C) B horizon. The layer that typically is immediately
beneath the E horizon and often called the subsoil. This middle layer
commonly contains more clay, iron, or aluminum than the A, E, or C
horizons; and
(D) C horizon. The deepest layer of soil profile. It
consists of loose material or weathered rock that is relatively unaffected
by biologic activity.
(164) Soil survey--A field and other investigation,
resulting in a map showing the geographic distribution of different
kinds of soils and an accompanying report that describes, classifies,
and interprets such soils for use. Soil surveys must meet the standards
of the National Cooperative Soil Survey.
(165) Spoil--Overburden that has been removed during
surface coal mining operations.
(166) Stabilize--To control movement of soil, spoil
piles, or areas of disturbed earth by modifying the geometry of the
mass, or by otherwise modifying physical or chemical properties, such
as by providing a protective surface coating.
(167) Steep slope--Any slope of more than 20 degrees
or such lesser slope as may be designated by the Commission after
consideration of soil, climate, and other characteristics of a region
or state.
(168) Subirrigation--With respect to alluvial valley
floors, the supplying of water to plants from underneath or from a
semi-saturated or saturated subsurface zone where water is available
for use by vegetation. Subirrigation may be identified by:
(A) diurnal fluctuation of the water table, due to
the differences in nighttime and daytime evapotranspiration rates;
(B) increasing soil moisture from a portion of the
root zone down to the saturated zone, due to capillary action;
(C) mottling of the soils in the root zones;
(D) existence of an important part of the root zone
within the capillary fringe or water table of an alluvial aquifer;
or
(E) an increase in streamflow or a rise in ground-water
levels, shortly after the first killing frost on the valley floor.
(169) Substantial legal and financial commitments in
a surface coal mining operation--Significant investments that have
been made on the basis of a long-term coal contract in power plants,
railroads, coal-handling, preparation, extraction or storage facilities
and other capital-intensive activities. An example would be an existing
mine, not actually producing coal, but in a substantial stage of development
prior to production. Costs of acquiring the coal in place or the right
to mine it without an existing mine, as described in the above example,
alone are not sufficient to constitute substantial legal and financial
commitments.
(170) Substantially disturb--For purposes of coal exploration,
to significantly impact land, air or water resources by such activities
as blasting; mechanical excavation; drilling or altering coal or water
exploratory holes or wells; removal of vegetation, topsoil, or overburden;
construction of roads or other access routes; placement of structures,
excavated earth, or waste material on the natural surface of land;
or by other such activities; or to remove more than 250 tons of coal.
(171) Successor in interest--Any person who succeeds
to rights granted under a permit, by transfer, assignment, or sale
of those rights.
(172) Surface coal mining and reclamation operations--Surface
coal mining operations and all activities necessary or incidental
to the reclamation of such operations. This term includes the term
surface coal mining operations.
(173) Surface coal mining operations--Includes:
(A) activities conducted on the surface of lands in
connection with a surface coal mine or, subject to the requirements
of §134.015 of the Act, surface operations and surface impacts
incident to an underground coal mine, the products of which enter
or the operations of which directly or indirectly affect interstate
commerce. Such activities include excavation for the purpose of obtaining
coal, including such common methods as contour, strip, auger, mountaintop
removal, box cut, open pit, and area mining; the use of explosives
and blasting; in situ distillation or retorting; leaching or other
chemical or physical processing; the cleaning, concentrating, or other
processing or preparation of coal; and the loading of coal for interstate
commerce at or near the mine-site. Provided, however, that such activities
do not include the extraction of coal incidental to the extraction
of other minerals, where coal does not exceed 16 2/3% of the tonnage
of minerals removed annually from all sites operated by a person on
contiguous tracts of land for purposes of commercial use or sale,
or coal exploration subject to §134.014 and §134.031(d)
of the Act; and provided further, that excavation for the purpose
of obtaining coal includes extraction of coal from coal refuse piles;
and
(B) areas upon which the activities described in subparagraph
(A) of this definition occur or where such activities disturb the
natural land surface. Such areas shall also include any adjacent land
the use of which is incidental to any such activities, all lands affected
by the construction of new roads or the improvement or use of existing
roads to gain access to the site of those activities and for haulage
and excavation, workings, impoundments, dams, ventilation shafts,
entryways, refuse banks, dumps, stockpiles, overburden piles, spoil
banks, culm banks, tailings, holes or depressions, repair areas, storage
areas, processing areas, shipping areas, and other areas upon which
are site structures, facilities, or other property or material on
the surface, resulting from or incident to those activities.
(174) Surface mining activities--Those surface coal
mining and reclamation operations incident to the extraction of coal
from the earth by removing the materials over a coal seam, before
recovering the coal, by auger coal mining, or by recovery of coal
from a deposit that is not in its original geologic location.
(175) Surface operations and impacts incident to an
underground coal mine--All activities involved in or related to underground
coal mining which are either conducted on the surface of the land,
produce changes in the land surface or disturb the surface, air or
water resources of the area, including all activities listed in §134.004(19)
of the Act and the definition of surface coal mining operations contained
in this section.
(176) Suspended solids or nonfilterable residue--Expressed
as milligrams per liter, organic or inorganic materials carried or
held in suspension in water which are retained by a standard glass
fiber filter in the procedure outlined by the U.S. Environmental Protection
Agency regulations for wastewater and analyses (40 CFR 136).
(177) Temporary diversion--A diversion of a stream
or overland flow which is used during coal exploration or surface
coal mining and reclamation operations and not approved by the Commission
to remain after reclamation as part of the approved postmining land
use.
(178) Temporary impoundment--An impoundment used during
surface coal mining and reclamation operations, but not approved by
the Commission to remain as part of the approved postmining land use.
Cont'd... |
