N.Y. Comp. Codes R. & Regs. tit. 6 § 422.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 422.2 - Mining plan, specific provisions

(a) The mining plan shall indicate: the general geographic location of the mine; an outline of the affected land; the location and description of topographic, cultural and land-use features within and adjacent to the affected land; a description of the existing condition of the ground surface at the mine including areas already mined or disturbed by mining activity; the applicant's proposed method of mining including proposals for minimizing the effect of mining on the environment and on the property, health, safety and general welfare of the people of the State.

(b) The graphic portion of the mining plan shall consist of a map or photograph prepared in accordance with section 422.1(c) of this Part. The information to be presented in graphic form shall include:

(1) an accurate geographic location of the mine;

(2) the location of adjacent topographic, cultural and land-use features including, but not limited to, landforms, drainage, bodies of water, roads and buildings;

(3) an outline of the affected land; and

(4) the location and size of the following elements of mining: areas of mineral extraction or removal (cuts and excavations); areas of mineral preparation and processing (stockpiles, settling ponds and treatment facilities); haulageways; areas of mineral, refuse and spoil storage; repair and shipping areas; drainage and water control features; and screening.

(c) The written portion of the mining plan shall consist of a description of the mine and the mining method. The information to be presented in written form shall include:

(1) a description of the affected land indicating the present use of the land. The description shall also indicate the present physical condition of the land including the existence of structures, vegetation and water cover;

(2) a description of the existing or proposed mine indicating if the operation is a surface consolidated, surface unconsolidated or underground mine;

(3) a description of the mining method indicating the method of extraction, the sequence of cuts and excavations, the disposition of materials other than through sale, exchange, commercial, industrial or municipal use, and the use of haulageways. The applicant shall be governed by the following standards when submitting the required information.

(i) the method of extraction shall mean removal such as by drilling and blasting, the use of mechanical equipment (backhoe, shovel, front end loader, dragline) or by dredging.

(ii) Any cut or excavation within the permit area, whether it is for the purpose of gaining access to a mineral, mining a mineral, or of transporting a mineral shall be considered to affect the reclamation plan unless the applicant can demonstrate otherwise. Shafts, drifts, adits, tunnels, lifts, and inclines shall be considered types of cuts and excavations.

(iii) The perimeter of a temporary or permanent mine floor shall not be established closer to either the property line most nearly adjacent to the affected land or to any easement within or adjacent to the affected land than the following: a distance of 25 feet measured in a horizontal plane when the adjacent property or easement is at or below the proposed final elevation of the affected land; a distance equal to the sum of 25 feet plus one and one-half times the height of the mine face in an unconsolidated material or a distance equal to the sum of 25 feet plus one and one-quarter times the height of the mine face in a consolidated material, when the adjacent property is at a higher elevation than the affected land. The applicant may, with the approval of the department, modify the distance requirements contained in this subparagraph.

(iv) The perimeter of a stockpile or spoil bank shall not be established closer to either the property line most nearly adjacent to the affected land or to any easement within or adjacent to the affected land than a distance of 25 feet. The applicant may, with the approval of the department, modify the distance requirement contained in this subparagraph.

(v) The disposition of all materials utilized during or resulting from mining shall be as follows:

(a) All refuse which is removed from the site during mining shall be disposed of in accordance with applicable rules and regulations of the department relative to solid waste management (refuse disposal).

(b) Materials which are to be disposed of during reclamation shall be stored or stockpiled either within the permit area or at some other location identified by the applicant. These materials shall be temporarily treated to prevent their becoming unstable, hazardous, a source of pollution of the environment, or damaging to other property. Such treatment may consist of stabilization by stockpiling, grading, natural or artificial covering, screening or any other effective method of achieving the required results. Final treatment of these materials shall be in accordance with the requirements for reclaiming the affected land as contained in section 422.3 of this Part.

(vi) Plans for the use and treatment of haulageways shall provide for the control of drainage, air and water pollution and erosion where such features or processes affect or are likely to affect the surrounding property.

(4) A description of the applicant's proposed method for preventing pollution, reducing soil erosion, and minimizing the effect of mining on the people of the State shall be required when and to the extent necessary to achieve compliance with the regulations of the department relative to: land use; air and water quality; solid waste management; the use and protection of waters; the protection of the natural resources of the State including soil, forests, water, fish, wildlife, and all aquatic or terrestrial related environment, and to any other applicable standards. The following methods, a combination thereof, or equally effective substitutes, may be utilized to accomplish the above stated objectives:

(i) Dust and noise control--may be provided by the utilization of water and chemicals for dust control; through the utilization of equipment which is adequately muffled to prevent excessive noise and vibration; and through the use of screening for control of dust and/or noise;

(ii) Drainage and water control--may be provided by the utilization of existing natural waterways and water bodies and by the construction of additional channels, water impoundments or water control equipment. Plans for water control equipment, where utilized, shall be submitted by the applicant in conjunction with the written portion of the mining plan. The alteration of stream beds or banks located within the permit area will be subject to the regulations of the department relative to the use and protection of waters promulgated pursuant to sections 15-1501 and 15-0505 of the Environmental Conservation Law.

(iii) Screening--may consist of either artificial or natural barriers such as berms, fences, shrubs, trees or any combination of these which have the multiple effect of confining dust and flying particles to the mine, reducing noise levels, and which minimize the visual impact of the mine on the people of the State.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 422.2