Guidance for Evaluation of Small Depressions
Indian Lands Program
Office of Surface Mining
Western Region
Approved 2/6/01
INTRODUCTION
These guidelines are intended to provide Office of Surface Mining (OSM) staff and the coal industry with information about how small depressions will be evaluated and authorized for retention on surface coal mining operations on Indian Lands. It is clear the Act and regulations allow for small depressions in the reclamation landscape; however, there are several basic questions that are frequently asked regarding what constitutes a small depression. This guidance is presented as a series of questions and responses that are intended to clarify the Western Regional Coordinating Center’s (WRCC’s) interpretation and applicability of 30 CFR 816.102(h) to coal mines operating on Indian Lands. Western Region recognizes the importance of retention of small depressions on Indian Lands mines in the southwest. Among the benefits that small depressions provide are: playa restoration, moisture retention, wildlife enhancement, erosion control, and vegetation enhancement. In the arid and semiarid southwest, the moisture retention characteristics of small depressions are particularly valuable in supporting vegetation and wildlife diversity on reclaimed lands.
REGULATORY BACKGROUND
Authorization for small depressions in the reclamation landscape is provided in the Act at 515(b)(3) as part of the environmental protection performance standards:
"except as provided in subsection (c) with respect to all surface mining operations backfill, compact (where advisable to insure stability or to prevent leaching of toxic materials), and grade in order to restore the approximate original contour of the land with all highwalls, spoils piles, and depressions eliminated (unless small depressions are needed in order to retain moisture to assist revegetation or as otherwise authorized pursuant to this act): ----" (emphasis added)
The performance standards for small depressions are provided at 30 CFR 816.102(h):
"Small depressions may be constructed if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation."
Additional regulatory support can be found at 30 CFR 701.5; 816.71(e)(4); 816.83(c)(3); 816.102(a)(2); and 816.102(h). Also preamble language at 48 FR 23358, 48 FR 23363, and 48 FR 44002 contains some regulatory guidance for evaluation of small depressions. (See Appendix A.)
GO TO:
Privacy Policy U. S. Office of Surface Mining Reclamation & Enforcement
Disclaimer Western Regional Coordinating Center
webmanager@osmre.gov 1999 Broadway, Suite 3320
Denver, Colorado 80202 303-844-1400
2/6/01