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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.



Posting Date Company Permit # ODM Report OSM Report Decision
08/08/2019 Bill's Coal 80/81-3113 Report Link Not Available Yes
08/21/2019 K & D  78/79-068 Report Link Report Link No
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 Link Pending
12/04/2019 Richards 4099 Report Link Not Available Pending
  Alpine TB 85-1       
  Alpine 4158      
   Alpine 4168        
    Alpine  4171           
   Southwest Resources ----           
    Westhoff 4096            




Criteria for Evaluation Criteria Described
Acceptable Contour Is 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.
Drivability Is 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?
Safety Are there any conditions that make the site unsafe for landowners? For example: Old equipment, toxic materials, etc., that need to be removed.
Water Quality Are there any known water quality issues? Is it the water suitable for livestock? Is the pH within 5.5 and 9.0?
Arability If pasture was the intended post-mining land use, is the land capable of growing pasture type vegetation?
Existing Vegetation or Erosion Dampers What 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 Stability Are the existing impoundments stable?  Is there evidence of impoundment dam weakness or berm breaches?




  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.