If authorized in the approved mining and reclamation plan and permit, the permittee
or operator may create permanent impoundments of water on mining sites as part of
reclamation activities only when it is adequately demonstrated that:
(1) The size of the impoundment is adequate for its intended purposes;
(2) 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);
(3) The quality of impounded water will be suitable on a permanent basis for its
intended use and that discharges 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;
(4) The level of water will be reasonably stable;
(5) Final grading will provide adequate safety and access for proposed water users;
(6) The water impoundments will not result in the diminution of the quality or quantity
of water utilized by adjacent or surrounding landowners for agricultural, industrial,
recreational, or domestic uses.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.