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Coal Program - Title V Releases

Coal Program
Removal of Permits that meet Title V Standards.


This process applies to abandoned or bond-forfeited permits on ODM's current Inspectable Units List (IUL) where the mining company or permittee has failed to reclaim the permit and go through the normal bond release procedures.

 

List of Coal Permits Being Evaluated in 2019 For Title V Release

Posting DateCompany
Permit #
ODM ReportOSM ReportDecision
08/08/2019Bill's Coal
80/81-3113
Report LinkNot AvailableYes
08/21/2019K & D 78/79-068Report LinkReport LinkNo
10/09/2019
Great National
2019
Not Available
Report Link Pending
10/09/2019
Great National
3076
Not Available
Report Link Pending
10/09/2019
OK Coal Development
4214
Not Available
Report LinkPending
 AlpineTB 85-1    
 Alpine4158   
  Alpine4168     
   Alpine 4171        
  Richards4099        
  Southwest Resources----        
   Westhoff4096         

Criteria

Criteria for EvaluationCriteria Described
Acceptable ContourIs backfilling and grading complete to the point where the land reasonably matches the surrounding topography? Is there a highwall? Are there sudden drop-offs?  Slopes approaching 2H:1V? The site does not have to match original contours.
DrivabilityIs the land, for the most part, able to be driven in a pick-up truck or normal farm vehicles? Are there any large hidden rocks or other obstructions?
SafetyAre there any conditions that make the site unsafe for landowners? For example: Old equipment, toxic materials, etc., that need to be removed.
Water QualityAre there any known water quality issues? Is it the water suitable for livestock? Is the pH within 5.5 and 9.0?
ArabilityIf pasture was the intended post-mining land use, is the land capable of growing pasture type vegetation?
Existing Vegetation or Erosion DampersWhat kind of vegetation exists? Is it permanent vegetation? Does it serve a purpose for erosion control? What is the potential for active erosion to occur?
Impoundment StabilityAre the existing impoundments stable?  Is there evidence of impoundment dam weakness or berm breaches?

Procedure

  1. ODM will produce a Google Earth image for each site, zoomed in as close as possible with minimal distortion.  The image should show all areas that were disturbed by mining.  The assigned Inspector should highlight the disturbed areas on the printed image.
  2. The Inspector must conduct a complete inspection of the site and determine the degree to which each site meets the criteria listed.  More than one inspection may be required on each site during the evaluation and assistance from ODM Technical Services may be needed for specific concerns.
  3. The Inspector must photograph the disturbed areas of each site.  Photos should include dates and brief notes if needed to describe photo.
  4. The Inspector shall compose a written report containing a narrative that describes the degree to which each site meets the Title V criteria. 
  5. The Google Earth image, inspection report, photographs and any other supporting documentation found or generated during the evaluation shall be assembled into a packet.  The packet shall be dated and titled with the site name and permit number.
  6. The Inspector will request the Permit Officer to run an Applicant Violation System (AVS) check for outstanding enforcement actions.
  7. All outstanding state enforcement actions shall be terminated by the Inspector if Title V standards are found during the evaluation.  Any outstanding federal enforcement actions shall be referred to Office of Surface Mining (OSM) for termination consideration. 
  8. The completed package must be submitted to the Coal Program Director for review.  The Inspector shall address all questions or additions recommended by the Coal Program Director. 
  9. If the Coal Program Director believes the site meets Title V Standards, the Coal Program Director will direct the Records Manager to post the Title V package on the ODM website for 30 day for public comment.
  10. OSM will be notified by the Coal Program Field Office Manager that the package has been posted and she/he will encourage OSM to provide comments.
  11. After 30 days has expired and if no adverse comments are received, the Coal Program Director will write a memorandum to the Inspector instructing him/her to remove the permit from his Inspectable Units List. The Coal Program Director will notify the Coal Program Field Office Manager to remove the site from the Inspection Data Base.