Page:United States Statutes at Large Volume 91.djvu/522

 91 STAT. 488

Water impoundments.

Augering operations.

Hydrologic balance.

PUBLIC LAW 95-87—AUG. 3, 1977 (B) segregate the B horizon of the natural soil, or under^^ lying C horizons or other strata, or a combination of such horizons or other strata that are shown to be both texturally and chemically suitable for plant growth and that can be ' • shown to be equally or more favorable for plant growth than • •' the B horizon, in sufficient quantities to create in the regraded final soil a root zone of comparable depth and quality to that which existed in the natural soil; and if not utilized immediately, stockpile this material separately from other spoil, and provide needed protection from wind and water erosion or contamination by other acid or toxic material; (C) replace and regrade the root zone material described in • (B) above with proper compaction and uniform depth over • the regraded spoil material; and (D) redistribute and grade in a uniform manner the surface soil horizon described in subparagraph (A); (8) create, if authorized in the approved mining and reclamation plan and permit, permanent impoundments of water on mining sites as part of reclamation activities only when it is adequately demonstrated that— (A) the size of the impoundment is adequate for its intended purposes; (B) the impoundment dam construction will be so designed < as to achieve necessary stability with an adequate margin of ' safety compatible with that of structures constructed under Public Law 83-566 (16 U.S.C. 1006); (C) the quality of impounded water will be suitable on a permanent basis for its intended use and that discharoes from the impoundment will not degrade the water quality below water quality standards established pursuant to applicable Federal and State law in the receiving stream; (D) the level of water will be reasonably stable; "; (E) final grading will provide adequate safety and access >-'•'• for proposed water users; and (F) such water impoundments will not result in the dimir < nution of the quality or quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial recreational, or domestic uses; (9) conducting any augering operation associated with surface mining in a manner to maximize recoverability of mineral reserves remaining after the operation and reclamation are complete; and seal all auger holes with an impervious and noncombustible material in order to prevent drainage except where the regulatory authority determines that the resulting impoundment of water in such auger holes may create a hazard to the environment or the public health or safety: Provided, That the permitting authority may prohibit augering if necessary to maximize the utilization, recoverability or conservation of the solid fuel resources or to protect against adverse water quality impacts; (10) minimize the disturbances to the prevailing hydrologic balance at the mine-site and in associated offsite areas and to the quality and quantity of water in surface and ground water systems both during and after surface coal mining operations and during reclamation by— (A) avoiding acid or other toxic mine drainage by such measures as, but not limited to—
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