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HomeMy WebLinkAboutReview of Current Mining Permit Requirements in Various Jurisdictions ,i'! .. -' --;. lReview of Current Mining Permit Requirements in Various Jurisdictions John H. Gasper, MSEM, P.E. A. Typical Regulatory Goals and Administrative Controls (Kentucky) 1. Permit Fees 2. Reclamation Bonding 3. Permit Requirements 4. Signs and Markers 5. Blasting 6. Access Roads and Haul Roads 7. Protection of Environmental Resources 8. Protection of Surface Water Quality and Quantity 9. Permanent and Temporary Impoundments 10. Handling of Materials 11. Pre-mining and post-mining land uses 12. Revegetation 13. Contemporaneous Reclamation 14. Enforcement (Oversight~ Process, Penahies) 15. Settlement of Conflicts Procedures B. Typical Permit Completeness Review (Reviewed by P.E.) - West Virginia 1. Proposal Map (specific guidelines (e.g., scale, size, details, etc.) - ALL MAPS sealed by P .E. or LLS) 2. Drainage Map 3. Drainage Plans (Map and text) 4. Approved Construction in a Floodway Permit 5. Approved Permit for Stream Channel Relocation 6. Regrading Cross Sections 7. Geologic Cross Section 8. Hydrologic Cross Sections 9. Lithological Description 10. Excess Spoil Disposal Plans 11. Impoundment/Dam Design Drawings and Analyses Dam Construction Details and cross-sections Dam Break Analyses Proximity to underground workings Seepage analysis Construction narrative 12. Blasting Pre-Plan (OSM Guidance Manual) Scaled-Distance calculations / Blast round design Calculations for Weight of Explosives / Delay relationships Public facilities within 1000 feet of proposed blasting site Pre-blast surveys of structures " .. A . Structures (underground utilities, gas wells, overhead utilities, deep mines, etc. within 500 feet of proposed blasting site. Pre-blast surveys of structures Nearest structures Pre-blast surveys of structures Climatological factors 13. Prime farmland considerations - soil survey mapping and descriptions 14. List of all ~ mile residents, utilities and local governments 15. List of all 1000 ft landowners with narrative on each 1000 ft structure 16. If mining within 300 ft of an occupied dwelling, submit prior rights or waiver 17. Archaeological Assessment! Cuhural Resources 18. Bonding Full or incremental- deposit assurances 19. Corporate contact information List of all officers and directors and local emergency contacts 20. Agents acting for the Company / relationship to Company 21. Hydrologic Impact of Proposed Mining Monitoring well installation and sampling program 22. Mining Plans Incremental plan with proposed annual extraction identified and sequence of mining and.rec1amation activities to reflect concurrent reclamation Monuments set in field and mapped indicating extent of proposed mining activities. 23. All property owners within 0.5 miles mapped and listed 24. List of operable equipment (existing or projected) 25. Mineral rights owners and property owners identified for all land to be mined and all adjacent parcels. 26. Notification letters to all contiguous land owners 27. Documents providing legal right to mine. 28. Site Safety Plan 29. Overburden Analyses - Will mining compromise water quality? 30. Pre-mining and post mining land uses 31. Protection of water rights - Well users within ~ mile 32. Drainage and Sediment Control Plans 33. Proposed or existing, active or inactive underground mining within 500 ft of blasting zone 34. Engineering techniques used for the design of all structures. 35. Waste Disposal Plan 36. Topsoil Handling Plan 37. Toxic Overburden Plan (if necessary) 38. Post- mining Drainage Control Plan 39. Final Proposed Grading Plan 40. Revegetation Plan .. .. -i. 41. Corporate statement that no mining permits have been revoked or bonds forfeited in any jurisdiction within the last 5 years. 42. Proof of public notification of intent to mine C. Criteria for Permit Denial 1. Incomplete Permit and supporting documentation (ancillary permits, etc.) 2. Adverse affect on the existing residents (Public Safety) 3. Adverse affect on existing infrastructure 4. Unique land quality. 5. Consistency with adjacent land uses. 6. Near public facilities such as schools or parks (300 ft buffer) 7. D. Specific example or need for regulatory oversight: Blasting Concerns Direct Impact - Fly Rock Ground Motion - Vibration Safe levels -V s- Nuisance Criteria Air Concussion and Noise Safe levels -Vs- Nuisance Criteria Structural Damage -Underground Utilities Self policing of industry "breaks glass" before problem Hydrologic Impacts of Mining Underground mining affect on water table while mining Potential impact on Existing Carmel Well Field Summary . Need for appropriate oversight if adjacent to residential area . Many variables involved that require unique credentials to evaluate in total . First effort to mine in residential area . Protection ofheahh, safety and welfare of public of paramount concern . Present permit process does not force applicant to supply necessary information for professional review . Mining in residential area requires a very high standard of care compared to mining in a rural area Public safety demands a complete review of the possible impacts of 50 years of mining in your neighbors backyard.