Construction, operation, maintenance, modification, reclamation, and
removal activities at operations covered by §12.650 of this title (relating
to Applicability) and this section shall comply with the following:
(1) signs and markers for the coal processing plant, coal processing
waste disposal area, and water treatment facilities shall comply with §12.330
of this title (relating to Signs and Markers);
(2) roads, transport, and associated structures shall be constructed,
maintained, and reclaimed in accordance with §12.400 and §12.401
of this title (relating to Roads: General, and to Primary Roads);
(3) any stream or channel realignment shall comply with §12.341
of this title (relating to Hydrologic Balance: Diversions);
(4) if required by the Commission any disturbed area related
to the coal processing plant or associated facilities shall have sediment
control structures, in compliance with §12.343 and §12.344 of this
title (relating to Hydrologic Balance: Sediment Control Measures, and to Hydrologic
Balance: Siltation Structures), and all discharges from these areas shall
meet the requirements of §§12.339-12.341 of this title (relating
to Hydrologic Balance: General Requirements, to Hydrologic Balance: Water-Quality
Standards and Effluent Limitations, and to Hydrologic Balance: Diversions),
and any other applicable state or federal law;
(5) permanent impoundments associated with coal processing
plants shall meet the requirements of §12.347 and §12.354 of this
title (relating to Hydrologic Balance: Permanent and Temporary Impoundments,
and to Hydrologic Balance: Postmining Rehabilitation of Sedimentation Ponds,
Diversions, Impoundments, and Treatment Facilities). Dams constructed of or
impounding coal mine waste shall comply with §§12.376-12.378 of
this title (relating to Coal Mine Waste: Dams and Embankments: General Requirements,
to Coal Mine Waste: Dams and Embankments: Site Preparation, and to Coal Mine
Waste: Dams and Embankments: Design and Construction);
(6) use of water wells shall comply with §12.351 of this
title (relating to Hydrologic Balance: Transfer of Wells) and water rights
shall be protected in accordance with §12.352 of this title (relating
to Hydrologic Balance: Water Rights and Replacement);
(7) disposal of coal processing waste, solid waste, and any
excavated materials shall comply with §§12.368-12.374, 12.375, and
12.363-12.366 of this title (relating to Coal Processing Waste Banks: General
Requirements, to Coal Processing Waste Banks: Site Inspection, to Coal Processing
Waste Banks: Water Control Measures, to Coal Processing Waste Banks: Construction
Requirements, to Coal Processing Waste: Burning, to Coal Processing Waste:
Burned Waste Utilization, to Coal Processing Waste: Return to Underground
Workings, to Disposal of Noncoal Wastes, to Disposal of Excess Spoil: General
Requirements, to Disposal of Excess Spoil: Valley Fills, to Disposal of Excess
Spoil: Head-of-Hollow Fills, and to Disposal of Excess Spoil: Durable Rock
Fills), respectively;
(8) discharge structures for diversions and sediment-control
structures shall comply with §12.345 of this title (relating to Hydrologic
Balance: Discharge Structures);
(9) erosion and pollution attendant to erosion shall be controlled
in accordance with §12.389 of this title (relating to Stabilization of
Surface Areas for Surface Mining);
(10) fish, wildlife and related environmental values shall
be protected in accordance with §12.380 of this title (relating to Protection
of Fish, Wildlife, and Related Environmental Values);
(11) slide areas and other surface areas shall comply with §12.381
of this title (relating to Slides and Other Damage);
(12) adverse effects upon or resulting from nearby underground
coal mining activities shall be minimized by appropriate measures including,
but not limited to compliance with §12.353 and §12.367 of this title
(relating to Hydrologic Balance: Discharge of Water Into and Underground Mine,
and to Protection of Underground Mining);
(13) reclamation shall include proper topsoil-handling procedures,
revegetation, and abandonment, in accordance with §§12.334-12.338
of this title (relating to Topsoil: General Requirements, to Topsoil: Removal,
to Topsoil: Storage, to Topsoil: Distribution and to Topsoil: Nutrients and
Soil Amendments), §12.354 of this title (relating to Hydrologic Balance:
Postmining Rehabilitation of Sedimentation Ponds), §§12.383-12.389
of this title (relating to Contemporaneous Reclamation, to Backfilling and
Grading: General Requirements, to Backfilling and Grading: General Grading
Requirements, to Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming
Materials, to Backfilling and Grading: Thin Overburden, to Backfilling and
Grading: Thick Overburden, and to Stabilization of Surface Areas for Surface
Mining), §§12.390-12.393 and 12.395 of this title (relating to Revegetation:
General Requirements, to Revegetation: Use of Introduced Species, to Revegetation:
Timing, to Revegetation: Mulching and Other Soil Stabilizing Practices, and
to Revegetation: Standards for Success) and §§12.397-12.399 of this
title (relating to Cessation of Operations: Temporary, to Cessation of Operations:
Permanent, and to Postmining Land Use);
(14) conveyors, buildings, storage bins or stockpiles, water
treatment facilities, water storage facilities, and any structure or system
related to the coal processing plant shall comply with §§12.330-12.403
of this title (relating to Permanent Program Performance Standards--Surface
Mining Activities); and
(15) any coal processing plant or associated structures located
on prime farmland shall meet the requirements of §§12.620-12.622,
12.624, and 12.625 of this title (relating to Special Permanent Program Performance
Standards--Operations on Prime Farmland).
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