SECTION 460:20-27-5. Operation plan: existing structures

(a)   Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the surface coal mining and reclamation operation. The description shall include-

(1)   Location;

(2)   Plans of the structure which describe its current condition;

(3)   Approximate dates on which construction of the existing structure was begun and completed; and

(4)   A showing, including relevant monitoring data or other evidence, of whether the structure meets the performance standards (Permanent Program Standards) of this Chapter or if the structure does not meet the performance standards of this Chapter, a showing of whether the structure meets the performance standards of the interim program.

(b)   Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the surface coal mining and reclamation operation. The compliance plan shall include–

(1)   Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of this Chapter;

(2)   A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;

(3)   Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of this Chapter are met; and

(4)   A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.