"[F]ree of claims arising from [British or Allied] Capture [or] . . . Requisition . . . but, unless the insured vessel is condemned, this warranty shall not exclude losses . . . caused by . . . implements of war. . . ."
Held: This policy insured against the loss in this case, and it was in force when that loss occurred, since no explicit decision had been reached by the requisitioning authorities to prevent the vessel from completing, within a reasonable time, the voyage for which the insurance was issued. Pp. 345 U. S. 428-444.
197 F.2d 795, judgment vacated and cause remanded.
In a suit in admiralty to recover upon a policy of war risk insurance issued to cover a voyage by petitioner's vessel, the District Court held the underwriters liable. 103 F.Supp. 243. The Court of Appeals reversed. 197 F.2d 795. This Court granted certiorari. 344 U.S. 853. Judgment of the Court of Appeals vacated and cause remanded to that court, p. 345 U. S. 444.
This is a suit in admiralty against British underwriters on a war risk policy issued to cover the Calmar Corporation's S.S. Portmar for a voyage, in the winter of 1941-1942, from the United States to a port or ports in the Philippine Islands and return to an Atlantic or Pacific port in the United States. After the voyage had commenced, Australia was duly substituted for the Philippine Islands as the outbound destination. The Portmar was under charter to the United States. This suit, based on damage inflicted by enemy aircraft, was tried together with a libel against the United States claiming recovery for the same damage, as well as additional charter hire. See post, p. 345 U. S. 446. The District Court held the underwriters liable for a constructive total loss of the vessel. 103 F.Supp. 243. The Court of Appeals reversed. 197 F.2d 795. We granted certiorari, 344 U.S. 853, because wide use, so the Court was advised, of the clauses of this policy makes their construction, a necessary issue here, a matter of more than individual concern.
on a southerly course so as to avoid the combat area. On December 11, United States naval routing orders were received by radio on the Portmar. From that day until she was damaged and abandoned, a little over two months later, her every movement was in obedience to orders issued by competent United States and Australian authorities. The Portmar, which flew the American flag, was subject to these orders.
on the 12th. She then took aboard troops with equipment and armament and joined an exceedingly perilous expedition to Koepang, on the Island of Timor, some 500-odd miles northwest of Darwin. This expedition ran into heavy air attacks, and turned back. On the 18th of February, the Portmar was at Darwin again, awaiting her turn to dock and discharge the personnel and equipment she had taken on. While thus at anchor on the morning of the 19th, she underwent bombing and strafing by Japanese airplanes and sustained the damage which forced her master to beach her and caused him to abandon her.
Article 2.17 of the charter agreement under which the Portmar sailed provided that her owners might obtain war risk insurance, to be paid for by the United States. Before commencement of the voyage, Calmar took out the war risk policy now in question on the hull and machinery of the Portmar, valued at $860,000. This policy insured "only against the risks of war, strikes, riots and civil commotions." It was assembled -- that seems an appropriate word -- by superimposing on the age-old Lloyd's form layer upon layer of warranties and riders. Warranties free the underwriters from obligations imposed by riders, and subsequent riders then reimpose obligations thus avoided.
"warranted free from . . . capture, seizure, arrest, restraint or detainment, or the consequences thereof . . . or any taking of the Vessel, by requisition or otherwise . . . also from all consequences of hostilities or warlike operations. . . ."
This warranty is known as the capture and seizure warranty.
"It is agreed that this insurance covers only those risks which would be covered by the attached policy . . . in the absence of the C. & S. warranty . . . but which are excluded by that warranty."
"This insurance is also subject, however, to the following warranties and additional clauses: --"
"The Adventures and Perils Clause shall be construed as including the risks of piracy, civil war, revolution, rebellion or insurrection or civil strife arising therefrom, floating and/or stationary mines and/or torpedoes whether derelict or not and/or military or naval aircraft . . . and warlike operations and the enforcement of sanctions by members of the League of Nations . . . but excluding arrest . . . under customs or quarantine regulations, and similar arrests, restraints or detainments not arising from actual or impending hostilities or sanctions."
"free of claims arising from Capture, Seizure, Arrest, Restraint, Detainment, Requisition, Nationalization or Condemnation by or under the authority of the government of Great Britain or any of its dominions . . . or allies, or by any forces acting in cooperation with or under the control of them or any of them."
"unless the insured Vessel is condemned, this warranty shall not exclude losses otherwise covered by this policy which are caused by gunfire, torpedoes, bombs, mines, or other implements of war, or by stranding, sinking, burning, or collision, provided such losses would not be covered by a marine insurance policy (in the form hereto attached) warranted free of claims arising from Capture, Seizure or Detention. "
Construing such conglomerate provisions requires a skill not unlike that called for in the decipherment of obscure palimpsest texts. A judicial sigh recently uttered at the seat of Lloyd's evokes a sympathetic echo.
"Freight insurance entered into on the old form of marine insurance policy with deletions or additions to adapt the form to the intended contract [has] almost invariably given rise to difficulties, and the present case [is] no exception."
we have in this case the benefit of the views of the most experienced of admiralty judges. Considering the scanty contact this Court has these days with maritime law, we pay especial deference to the weighty judgment before us. But, since it is before us, we cannot abdicate the duty to decide, and must, in the end, exercise our own judgment, however unsure it be.
to losses which the policy would cover if they were not the consequences of an Allied restraint or detainment. A loss such as that of the Portmar, they say, is not otherwise covered because it followed a deviation which, had it not occurred pursuant to naval orders, would not be excusable, and would have terminated coverage. The phrase, in its context, precludes such sophistical reading. It is plainly intended, together with the proviso at the end restricting the clause to losses which the capture and seizure warranty would exclude and which the war risk rider therefore takes in, to make certain and doubly certain that the coverage of the policy as a whole is in no event enlarged. [Footnote 6] Moreover, if the sense were given to the "otherwise covered" phrase which the underwriters press upon us, the saving clause as a whole would be left quite devoid of any meaning. It would then uselessly preserve coverage only for losses which are securely covered anyway, despite the presence of the free of British capture warranty.
The underwriters resort to a second argument concerning the saving clause. They contend, not quite consistently with the earlier argument, that the clause was meant to save losses which occur while a vessel is under certain Allied restraints, limited in number, but not under others. The underwriters, upon the trial, offered to prove as much by an expert witness. No more need be said than that to vary the terms of the saving clause so as to make it mean what the expert in the District Court said it meant [Footnote 7] -- which, on its face, it cannot mean -- would be to reform the contract, and that the requirements of the equitable doctrine of reformation are not met in this case.
"labyrinth of verbiage, within which lurks whatever contract was made, is to be understood to agree that, although the ship might at the time be under the 'restraint of princes,' the policy should cover her loss. . . ."
was no longer in force when the loss occurred, the insured voyage having before then come to an end and the policy with it."
197 F.2d at 796. The voyage had ended, the court said, because the dominion exercised over the Portmar by Allied authorities was complete, and was very probably intended to continue indefinitely. The policy, in turn, was no longer in force because it was written for a voyage, and could not outlast it, any more than a voyage charter would. Precisely as frustration of the voyage would end the latter, so it releases an underwriter from further liability.
no longer in any condition to make ocean voyages, and could not readily be returned to such a condition. And it was at that time that the United States formally requisitioned her -- at that time for the first time. Second, there was testimony indicating that other vessels detained in Australia early in 1942 were held through the year. But there is no testimony that any vessel similar to the Portmar were so held. The witness -- the Army colonel in charge -- spoke of "[s]ome 21 small Dutch vessels."
and hence there that the intention to cause her to abandon her voyage was formed or manifested. It is not maintained, nor could it be, that an explicit decision, objectively provable, not to allow the Portmar to continue on her voyage was ever reached by the authorities, and there is no showing whatever that her owners or charterer had any intention of discontinuing the voyage. On the evidence, this is not a case in which a change of voyage, releasing the underwriters, can be shown before the vessel is overtly employed in a manner inconsistent with the purpose or route of the original voyage. Compare Thellusson v. Ferguson, 1 Doug. 360, with Tasker v. Cunninghame, 1 Bligh 87, and Woolridge v. Boydell, 1 Doug. 16; see 1 Arnould, Marine Insurance (13th ed., by Lord Chorley 1950) §§ 381, 385. Consequently, dominion or no, the Portmar was covered by her insurance at Brisbane and later, till she started on the Koepang expedition, or just before, as she is conceded to have been covered before Brisbane, while under equally complete dominion of naval authorities. Cf. Rickards v. Forrestal Land, Timber and Railways Co.  A.C. 50, 80.
of course we do not decide, that the Koepang trip would have terminated, on grounds of abandonment of voyage, the coverage of a policy warranted free of war risks or of one warranted completely free of British capture, and that, under such a policy, had the Portmar subsequently sustained damage not attributable to war causes, cf., e.g., Standard Oil Co. v. United States, 340 U. S. 54, there would have been no recovery. We assume that, in those circumstances, the Court of Appeals could have inferred as it did, on the basis of the Koepang venture and of the military situation, that the Portmar was to be retained indefinitely under requisition, and that her voyage was therefore over. But the point of this policy is that here, the underwriters, by virtue of the saving clause, did insure against risks of British requisition. They insured, in other words, against consequences of a forced interruption of the voyage, which must necessarily throw into doubt the chances of completing the voyage as planned. Circumstances which may make out a change of voyage and cause termination of coverage under a policy warranted free of risks arising from seizure need not do so under one of insurance against such risks. In one as in the other, if they are both written for a voyage, there is an implied warranty that no different voyage will be undertaken. But it is a warranty which must be construed in light of the express provisions of the policy, and which may mean different things in different policies.
most every requisition by a friendly sovereign for military uses. It is hard to imagine a military situation serious enough to lead a commander in the field to take it upon himself to requisition a friendly vessel which is not sufficiently serious to make that requisition of presumptively indefinite, or at least uncertain, duration in his mind. Thus, the difference between a policy containing a free of British capture warranty with a saving clause, such as we have in this case, and one without a like saving clause narrows down, under the holding of the Court of Appeals, to this: on the first policy, underwriters may be held liable for losses attributable to a small class of Allied restraints which are by their nature limited in duration, the most common example being detainment for inspection. On the second policy, underwriters may not be so held. This, of course, is exactly the result which would flow from the construction placed on the saving clause by the underwriters' expert witness, [Footnote 10] a construction contrary to that assumed by the Court of Appeals to be the correct one. As to other restraints, the Court of Appeals would normally allow no recourse against the underwriters to either owner, the one who bought the first type of policy or the one who bought the second; to one on one theory, to the other on another; to one because he expressly agreed himself to bear all risks arising from Allied restraints; to the other despite the fact that he paid for insurance against such risks and could have had every expectation, on the face of the policy written for him, that he had effectively obtained it. Thus, a significant part of the coverage of war risk insurance, which is purchased separately, over and above ordinary insurance, and at great expense, would be rendered nugatory.
is persuasive authority, since "[t]here are special reasons for keeping in harmony with the marine insurance laws of England, the great field of this business. . . ." Queen Ins. Co. v. Globe & Rutgers Fire Ins. Co., 263 U. S. 487, 263 U. S. 493. But we are not required to accept the broad ground on which the District Court rested. It is not contended here that anything done by any officer or official on the scene or elsewhere before the Portmar was damaged made it explicit -- and now objectively provable -- that she would be detained indefinitely, or even for such a period of time as might be thought to postpone her return voyage unreasonably. Such an explicit decision might at least more likely have come to the prompt attention of the owners, whereas, in its absence, as here, no owner, whether on the scene or not, could so much as make an informed guess concerning the fate of the voyage. We do not decide that case, but we do hold that, if a policy such as this is to provide any appreciable and safely predictable protection over and above that of a policy which does not insure at all against consequences of Allied detainments, coverage cannot be said to have ended before an unambiguous, objectively provable decision has been made by the requisitioning sovereign to cause abandonment of the voyage.
A number of subsidiary questions in the case were all decided in favor of the owners by the District Court.
The most important is raised by the contention that the vessel was never a constructive total loss, and was not validly abandoned as such. The Court of Appeals, in view of its disposition of the case, found it unnecessary to consider any of these questions. They are not related to the major issue in the case, and so we remit them to the Court of Appeals.
The judgment of the Court of Appeals must be vacated, and the cause remanded to that court for proceedings not inconsistent with this opinion.
MR. JUSTICE MINTON dissents for the reasons stated in the opinion of Circuit Judge Learned Hand, 197 F.2d 795.
"Held covered in the event of any breach of warranty as to date of sailing or deviation or change of voyage, provided prompt notice be given these Insurers when such facts are known to the Assured and/or their managers and an additional premium paid if required."
Calmar communicated the change in destination to the underwriters. The latter agreed to hold the Portmar covered by letter dated February 6, 1942. This agreement was retroactive. No additional premium was required.
"The truth is that [the] law of marine insurance is nothing more than a collection of rules for the construction of the ancient form of policy and such additions as are from time to time annexed to it. The ancient form dates back at least to the sixteenth century, and it is a document which the late Sir Frederick Pollock characterized, with justifiable asperity, as 'clumsy, imperfect, and obscure.' . . ."
"Innumerable clauses have from time to time been devised to supplement the ancient form. Unhappily, tradition seems to have caused them also in very many cases to be 'clumsy, imperfect, and obscure.' . . . Oddly enough, the tradition has even infected the Legislature with a microbe of inaccuracy. In 1746, an Act . . . made reinsurance illegal except in the case where 'the assurer shall be insolvent, become bankrupt, or die.' It is inconceivable that an insolvent underwriter should desire to reinsure, and obviously the evil aimed at was double insurance by the assured. 'Reinsurance,' however, had then its present well known meaning, and the draftsman of the Act used the wrong word in order to maintain the tradition of obscurity."
MacKinnon, L.J. in Forrestal Land, Timber and Railways Co. v. Rickards,  1 K.B. 225, 246-247.
Lewis v. Rucker, 2 Burr. 1167, 1168.
"Lord Mansfield converted an occasional into a regular institution, and trained a corps of jurors as a permanent liaison between law and commerce. He won their confidence by social, as by professional, condescension, 'not only conversing freely with them in court, but inviting them to dine with him.' Fifoot, Lord Mansfield 105, quoting from 2 Campbell, Lives of Chief Justices 407."
The war risk rider is not without its slight ambiguity. The word "only" in its first paragraph could be read to indicate that that paragraph simply sets the outer limit of the coverage, but is not itself an insuring clause -- that is, does not reinstate any of the coverage of the adventures and perils clause. We do not understand the underwriters to urge such a reading, and we do not think they could reasonably do so. Following its first paragraph, the rider insures against some risks not specifically mentioned in the adventures and perils clause, and also excludes from coverage certain detainments not connected with "actual or impending hostilities." If the first paragraph of the rider is not to be read as an insuring clause, why is the subsequent insuring clause referred to in the rider as an "additional" one? What sense is there in singling out as risks to be insured against exclusively those risks which might be thought not to be clearly covered in the adventures and perils clause? Why should war risk insurance, purchased at a time of impending war and covering "only against the risks of war, strikes, riots and civil commotions," insure comprehensively against the perils of civil war, but not against those of war itself? Finally, why should insurance be written in language construing a nonoperative clause?
The final proviso in the saving clause -- that the losses must be such as would not be covered by a policy in which the capture and seizure warranty is in full force -- is automatically complied with once it is established that the loss in this case is "otherwise covered by this policy." For it is "otherwise covered" by virtue of the war risk rider, which, in turn, covers only losses excluded by the capture and seizure warranty. These riders and warranties, which, when assembled, constitute the policy, are often independently developed. That may explain overlapping provisions such as these. Moreover, it is not hard to understand why extreme caution is exercised in making certain that only war risks are insured against by war risk riders and saving clauses. For war risk insurance is often -- as it was in this case -- written separately from ordinary marine insurance, and it is important to exclude losses, caused by collision or stranding, for example, which are attributable to the ordinary hazards of navigation.
"During the war . . . , Great Britain and her Allies took vessels into control ports in order to see whether they had contraband . . . on them. The ship at that point . . . was in the control of the Government authorities, or it was captured. . . . [G]oing into those control ports [was] a very dangerous operation. . . ."
"The cases had been settled that the underwriters were not liable. The underwriters didn't think that was doing their part of their job. So they constructed . . . this clause to go on hull policies . . . to show that they were willing, notwithstanding the fact that this vessel had been captured, nevertheless, if, in entering a control port, she was blown up by a mine or if she went ashore . . . , they would not refuse the claim because of that's happening. It was to save the assured from something over which he had no control in a very limited situation, where the British government had not captured it for the purpose of, at that point, condemning the boat because we say that, if condemned, we were not liable, but for the purpose of finding out whether the boat, perhaps, should be condemned, and the underwriters felt that, under those circumstances, it was their duty to go ahead with their assured and take care of this unusual situation. But it was always within the framework of that voyage, of that particular incident of the voyage. The words are general, I agree. . . ."
The District Court heard this testimony subject to a later ruling on its admissibility, based on a finding that the language of the free of British capture warranty was or was not ambiguous. The court found that the language was not, and ruled that Mr. Winters' testimony was inadmissible.
To be sure, going from Brisbane to Darwin instead of discharging all cargo at Sydney or Brisbane meant exposing the vessel to greater risk. The same may be said of returning to an Atlantic, rather than a Pacific port in the United States. The policy permitted either. The underwriters could have avoided all these potential additional risks by writing a policy for a voyage from one specific port to another and back. They did not. Nor can the underwriters complain that, in going from Brisbane to Darwin, the Portmar hugged the coast, thus increasing her sailing time and, in one sense, again, the risk. For she did it for her safety, just as she justifiably turned south on the day Pearl Harbor was attacked.
It was a deviation, but it is worth noting that, in view precisely of the fact that the Portmar was under the complete and inescapable dominion of competent naval authorities, it was excusable, and hence not such a deviation as might, without more, release the underwriters from all further obligations. This would probably be true even had the Portmar's policy been warranted free of all war risks, in which case the Koepang trip would have been a deviation occasioned by a peril not insured against. Cf. Robinson v. Marine Ins. Co., 2 Johns., N.Y. 89, and Scott v. Thompson, 1 Bos. & Pul. (N.R.) 181; see 1 Arnould, supra, § 435. But cf. Aktiebolaget Malareprovinsernas Bank v. American Merchant Marine Ins. Co., 241 N.Y.197, 149 N.E. 830. Not unless the Koepang trip marked a permanent change of voyage, an abandonment of the original one, could it be said that the coverage of even such a policy had undoubtedly come to an end.
"Warranted free of any claim based upon loss of or frustration of the insured voyage or venture caused by arrests, restraints or detainments, of kings, princes, or peoples."
It was urged in Rickards that this warranty means that, whenever damage or loss resulting from a restraint frustrates the voyage, the underwriters are relieved of any liability arising from that restraint. It is hence unnecessary to decide whether or not frustration of the voyage before the damage occurred ended coverage. The simple answer to this argument was that the claim made was not "based upon loss of or frustration of the insured voyage;" it was based upon loss of the cargo, as in this case it is based upon loss of the vessel. Of course, whenever, as a consequence of a restraint, a vessel or cargo is lost or even severely damaged, the voyage is frustrated. If the frustration warranty applies in such cases, therefore, its effect is to hold the underwriters free of liability for any total loss -- indeed, for most losses -- resulting from detainment. We are authoritatively told that the clause was not intended to achieve such a sweeping result. See the observations of Viscount Maugham.  A.C. at 72-73, of Lord Porter, id. at 106, and of MacKinnon, L.J.  1 K.B. at 252.
"This expedition ran into heavy air attacks, and turned back. On the 18th of February, the Portmar was at Darwin again, awaiting her turn to dock and discharge the personnel and equipment she had taken on. While thus at anchor on the morning of the 19th, she underwent bombing and strafing by Japanese airplanes, and sustained the damage which forced her master to beach her and caused him to abandon her."
Certainly, by the 12th of February, the purposes of the venture, commercially speaking, had ended. The ship was now engaged in an enterprise far beyond the voyage contemplated by the parties.
* There is, for example, no usurpation of the fact finding function such as we commonly find in cases arising under the Federal Employers' Liability Act. See Wilkerson v. McCarthy, 336 U. S. 53.


30 CFR § 701.5 - Definitions.
Acid drainage means water with a pH of less than 6.0 and in which total acidity exceeds total alkalinity, discharged from an active, inactive or abandoned surface coal mine and reclamation operation or from an area affected by surface coal mining and reclamation operations.
Acid-forming materials means earth materials that contain sulfide minerals or other materials which, if exposed to air, water, or weathering processes, form acids that may create acid drainage.
Adjacent area means the area outside the permit area where a resource or resources, determined according to the context in which adjacent area is used, are or reasonably could be expected to be adversely impacted by proposed mining operations, including probable impacts from underground workings.
Administratively complete application means an application for permit approval or approval for coal exploration where required, which the regulatory authority determines to contain information addressing each application requirement of the regulatory program and to contain all information necessary to initiate processing and public review.
Affected area means any land or water surface area which is used to facilitate, or is physically altered by, surface coal mining and reclamation operations. The affected area includes the disturbed area; any area upon which surface coal mining and reclamation operations are conducted; any adjacent lands the use of which is incidental to surface coal mining and reclamation operations; all areas covered by new or existing roads used to gain access to, or for hauling coal to or from, surface coal mining and reclamation operations, except as provided in this definition; any area covered by surface excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, shipping areas; any areas upon which are sited structures, facilities, or other property material on the surface resulting from, or incident to, surface coal mining and reclamation operations; and the area located above underground workings. The affected area shall include every road used for purposes of access to, or for hauling coal to or from, surface coal mining and reclamation operations, unless the road (a) was designated as a public road pursuant to the laws of the jurisdiction in which it is located; (b) is maintained with public funds, and constructed, in a manner similar to other public roads of the same classification within the jurisdiction; and (c) there is substantial (more than incidental) public use.
Agricultural activities means, with respect to alluvial valley floors, the use of any tract of land for the production of animal or vegetable life, based on regional agricultural practices, where the use is enhanced or facilitated by subirrigation or flood irrigation. These uses include, but are not limited to, farming and the pasturing or grazing of livestock. These uses do not include agricultural activities which have no relationship to the availability of water from subirrigation or flood irrigation practices.
Agricultural use means the use of any tract of land for the production of animal or vegetable life. The uses include, but are not limited to, the pasturing, grazing, and watering of livestock, and the cropping, cultivation, and harvesting of plants.
Alluvial valley floors means the unconsolidated stream-laid deposits holding streams with water availability sufficient for subirrigation or flood irrigation agricultural activities but does not include upland areas which are generally overlain by a thin veneer of colluvial deposits composed chiefly of debris from sheet erosion, deposits formed by unconcentrated runoff or slope wash, together with talus, or other mass-movement accumulations, and windblown deposits.
Applicant means any person seeking a permit, permit revision, renewal, and transfer, assignment, or sale of permit rights from a regulatory authority to conduct surface coal mining and reclamation operations or, where required, seeking approval for coal exploration.
Applicant/Violator System or AVS means an automated information system of applicant, permittee, operator, violation and related data OSM maintains to assist in implementing the Act.
Application means the documents and other information filed with the regulatory authority under this chapter for the issuance of permits; revisions; renewals; and transfer, assignment, or sale of permit rights for surface coal mining and reclamation operations or, where required, for coal exploration.
Approximate original contour means that surface configuration achieved by backfilling and grading of the mined areas so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls, spoil piles and coal refuse piles eliminated. Permanent water impoundments may be permitted where the regulatory authority has determined that they comply with 30 CFR 816.49 and 816.56, 816.133 or 817.49, 817.56, and 817.133.
Aquifer means a zone, stratum, or group of strata that can store and transmit water in sufficient quantities for a specific use.
Arid and semiarid area means, in the context of alluvial valley floors, an area of the interior western United States, west of the 100th meridian west longitude, experiencing water deficits, where water use by native vegetation equals or exceeds that supplied by precipitation. All coalfields located in North Dakota west of the 100th meridian west longitude, all coalfields in Montana, Wyoming, Utah, Colorado, New Mexico, Idaho, Nevada, and Arizona, the Eagle Pass field in Texas, and the Stone Canyon and the Ione fields in California are in arid and semiarid areas.
Auger mining means a method of mining coal at a cliff or highwall by drilling holes into an exposed coal seam from the highwall and transporting the coal along an auger bit to the surface.
Best technology currently available means equipment, devices, systems, methods, or techniques which will (a) prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the permit area, but in no event result in contributions of suspended solids in excess of requirements set by applicable State or Federal laws; and (b) minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife and related environmental values, and achieve enhancement of those resources where practicable. The term includes equipment, devices, systems, methods, or techniques which are currently available anywhere as determined by the Director, even if they are not in routine use. The term includes, but is not limited to, construction practices, siting requirements, vegetative selection and planting requirements, animal stocking requirements, scheduling of activities and design of sedimentation ponds in accordance with 30 CFR parts 816 and 817. Within the constraints of the permanent program, the regulatory authority shall have the discretion to determine the best technology currently available on a case-by-case basis, as authorized by the Act and this chapter.
(b) the gathering of environmental data to establish the conditions of an area before beginning surface coal mining and reclamation operations under the requirements of this chapter.
Coal mine waste means coal processing waste and underground development waste.
Coal preparation means chemical or physical processing and the cleaning, concentrating, or other processing or preparation of coal.
Coal preparation plant means a facility where coal is subjected to chemical or physical processing or cleaning, concentrating, or other processing or preparation. It includes facilities associated with coal preparation activities, including, but not limited to the following: loading facilities; storage and stockpile facilities; sheds; shops, and other buildings; water-treatment and water-storage facilities; settling basins and impoundments; and coal processing and other waste disposal areas.
Coal processing waste means earth materials which are separated and wasted from the product coal during cleaning, concentrating, or other processing or preparation of coal.
Combustible material means organic material that is capable of burning, either by fire or through oxidation, accompanied by the evolution of heat and a significant temperature rise.
Compaction means increasing the density of a material by reducing the voids between the particles and is generally accomplished by controlled placement and mechanical effort such as from repeated application of wheel, track, or roller loads from heavy equipment.
Complete and accurate application means an application for permit approval or approval for coal exploration where required, which the regulatory authority determines to contain all information required under the Act, this subchapter, and the regulatory program that is necessary to make a decision on permit issuance.
(c) Any person who has the ability to determine the manner in which a surface coal mining operation is conducted.
Cropland means land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops.
(d) all operations required to meet diligent development requirements for leased Federal coal for which there is actual mine development information available.
Disturbed area means an area where vegetation, topsoil, or overburden is removed or upon which topsoil, spoil, coal processing waste, underground development waste, or noncoal waste is placed by surface coal mining operations. Those areas are classified as disturbed until reclamation is complete and the performance bond or other assurance of performance required by subchapter J of this chapter is released.
Diversion means a channel, embankment, or other manmade structure constructed to divert water from one area to another.
Downslope means the land surface between the projected outcrop of the lowest coalbed being mined along each highwall and a valley floor.
Drinking, domestic or residential water supply means water received from a well or spring and any appurtenant delivery system that provides water for direct human consumption or household use. Wells and springs that serve only agricultural, commercial or industrial enterprises are not included except to the extent the water supply is for direct human consumption or human sanitation, or domestic use.
Embankment means an artificial deposit of material that is raised above the natural surface of the land and used to contain, divert, or store water, support roads or railways, or for other similar purposes.
Ephemeral stream means a stream which flows only in direct response to precipitation in the immediate watershed or in response to the melting of a cover of snow and ice, and which has a channel bottom that is always above the local water table.
Essential hydrologic functions means the role of an alluvial valley floor in collecting, storing, regulating, and making the natural flow of surface or ground water, or both, usefully available for agricultural activities by reason of the valley floor's topographic position, the landscape, and the physical properties of its underlying materials. A combination of these functions provides a water supply during extended periods of low precipitation.
Excess spoil means spoil material disposed of in a location other than the mined-out area; provided that spoil material used to achieve the approximate original contour or to blend the mined-out area with the surrounding terrain in accordance with §§ 816.102(d) and 817.102(d) of this chapter in non-steep slope areas shall not be considered excess spoil.
Existing structure means a structure or facility used in connection with or to facilitate surface coal mining and reclamation operations for which construction begins prior to the approval of a State program or implementation of a Federal program or Federal lands program, whichever occurs first.
Farming means, with respect to alluvial valley floors, the primary use of those areas for the cultivation, cropping or harvesting of plants which benefit from irrigation, or natural subirrigation, that results from the increased moisture content in the alluvium of the valley floors. For purposes of this definition, harvesting does not include the grazing of livestock.
Federal program means a program established by the Secretary pursuant to section 504 of the Act to regulate coal exploration and surface coal mining and reclamation operations on non-Federal and non-Indian lands within a State in accordance with the Act and this chapter.
(a)Complete Federal program means a program established by the Secretary pursuant to section 504 of the Act before June 3, 1980, or upon the complete withdrawal of a State program after June 3, 1980, by which the Director regulates all coal exploration and surface coal mining and reclamation operations.
(b)Partial Federal program means a program established by the Secretary pursuant to sections 102, 201 and 504 of the Act upon the partial withdrawal of a State program, by which the Director may regulate appropriate portions of coal exploration and surface coal mining and reclamation operations.
Flood irrigation means, with respect to alluvial valley floors, supplying water to plants by natural overflow or the diversion of flows, so that the irrigated surface is largely covered by a sheet of water.
Fugitive dust means that particulate matter not emitted from a duct or stack which becomes airborne due to the forces of wind or surface coal mining and reclamation operations or both. During surface coal mining and reclamation operations it may include emissions from haul roads; wind erosion of exposed surfaces, storage piles, and spoil piles; reclamation operations; and other activities in which material is either removed, stored, transported, or redistributed.
Gravity discharge means, with respect to underground mining activities, mine drainage that flows freely in an open channel downgradient. Mine drainage that occurs as a result of flooding a mine to the level of the discharge is not gravity discharge.
Ground cover means the area of ground covered by the combined aerial parts of vegetation and the litter that is produced naturally onsite, expressed as a percentage of the total area of measurement.
Ground water means subsurface water that fills available openings in rock or soil materials to the extent that they are considered water saturated.
Half-shrub means a perennial plant with a woody base whose annually produced stems die back each year.
Head-of-hollow fill means a fill structure consisting of any material, other than organic material, placed in the uppermost reaches of a hollow where side slopes of the existing hollow, measured at the steepest point, are greater than 20 degrees or the average slope of the profile of the hollow from the toe of the fill to the top of the fill is greater than 10 degrees. In head-of-hollow fills the top surface of the fill, when completed, is at approximately the same elevation as the adjacent ridge line, and no significant area of natural drainage occurs above the fill draining into the fill area.
Higher or better uses means postmining land uses that have a higher economic value or nonmonetary benefit to the landowner or the community than the premining land uses.
Highwall means the face of exposed overburden and coal in an open cut of a surface coal mining activity or for entry to underground mining activities.
Highwall remnant means that portion of highwall that remains after backfilling and grading of a remining permit area.
(c) lands that would likely have been used as cropland for any 5 out of the last 10 years, immediately preceding such acquisition but for the same fact of ownership or control of the land unrelated to the productivity of the land.
Hydrologic balance means the relationship between the quality and quantity of water inflow to, water outflow from, and water storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses the dynamic relationships among precipitation, runoff, evaporation, and changes in ground and surface water storage.
Hydrologic regime means the entire state of water movement in a given area. It is a function of the climate and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form, falls as precipitation, moves along or into the ground surface, and returns to the atmosphere as vapor by means of evaporation and transpiration.
Imminent danger to the health and safety of the public means the existence of any condition or practice, or any violation of a permit or other requirements of the Act in a surface coal mining and reclamation operation, which could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same condition or practice giving rise to the peril, would avoid exposure to the danger during the time necessary for abatement.
Impounding structure means a dam, embankment or other structure used to impound water, slurry, or other liquid or semi-liquid material.
Impoundments means all water, sediment, slurry or other liquid or semi-liquid holding structures and depressions, either naturally formed or artificially built.
In situ processes means activities conducted on the surface or underground in connection with in-place distillation, retorting, leaching, or other chemical or physical processing of coal. The term includes, but is not limited to, in situ gasification, in situ leaching, slurry mining, solution mining, borehole mining, and fluid recovery mining.
(b) A stream or reach of a stream that is below the local water table for at least some part of the year, and obtains its flow from both surface runoff and ground water discharge.
Irreparable damage to the environment means any damage to the environment, in violation of the Act, the regulatory program, or this chapter, that cannot be corrected by actions of the applicant.
Knowing or knowingly means that a person who authorized, ordered, or carried out an act or omission knew or had reason to know that the act or omission would result in either a violation or a failure to abate or correct a violation.
Land use means specific uses or management-related activities, rather than the vegetation or cover of the land. Land uses may be identified in combination when joint or seasonal uses occur and may include land used for support facilities that are an integral part of the use. Changes of land use from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the regulatory authority.
(a)Cropland.Land used for the production of adapted crops for harvest, alone or in rotation with grasses and legumes, that include row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar crops.
(b)Pastureland or land occasionally cut for hay.Land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed.
(c)Grazingland.Land used for grasslands and forest lands where the indigenous vegetation is actively managed for grazing, browsing, or occasional hay production.
(d)Forestry.Land used or managed for the long-term production of wood, wood fiber, or wood-derived products.
(e)Residential.Land used for single-and multiple-family housing, mobile home parks, or other residential lodgings.
(1) Extraction or transformation of materials for fabrication of products, wholesaling of products, or long-term storage of products. This includes all heavy and light manufacturing facilities.
(2) Retail or trade of goods or services, including hotels, motels, stores, restaurants, and other commercial establishments.
(g)Recreation.Land used for public or private leisure-time activities, including developed recreation facilities such as parks, camps, and amusement areas, as well as areas for less intensive uses such as hiking, canoeing, and other undeveloped recreational uses.
(h)Fish and wildlife habitat. Land dedicated wholly or partially to the production, protection, or management of species of fish or wildlife.
(i)Developed water resources.Land used for storing water for beneficial uses, such as stockponds, irrigation, fire protection, flood control, and water supply.
(j)Undeveloped land or no current use or land management. Land that is undeveloped or, if previously developed, land that has been allowed to return naturally to an undeveloped state or has been allowed to return to forest through natural succession.
Lands eligible for remining means those lands that would otherwise be eligible for expenditures under section 404 or under section 402(g)(4) of the Act.
(c) Any significant change in the condition, appearance or utility of any structure or facility from its pre-subsidence condition.
Materially damage the quantity or quality of water means, with respect to alluvial valley floors, to degrade or reduce by surface coal mining and reclamation operations the water quantity or quality supplied to the alluvial valley floor to the extent that resulting changes would signficantly decrease the capability of the alluvial valley floor to support farming.
MSHA means the Mine Safety and Health Administration.
Moist bulk density means the weight of soil (oven dry) per unit volume. Volume is measured when the soil is at field moisture capacity ( 1/3 bar moisture tension). Weight is determined after drying the soil at 105 °C.
Mulch means vegetation residues or other suitable materials that aid in soil stabilization and soil moisture conservation, thus providing micro-climatic conditions suitable for germination and growth.
Non-commercial building means any building, other than an occupied residential dwelling, that, at the time the subsidence occurs, is used on a regular or temporary basis as a public building or community or institutional building as those terms are defined in § 761.5 of this chapter. Any building used only for commercial agricultural, industrial, retail or other commercial enterprises is excluded.
Noxious plants means species that have been included on official State lists of noxious plants for the State in which the surface coal mining and reclamation operation occurs.
Occupied residential dwelling and structures related thereto means, for purposes of §§ 784.20 and 817.121, any building or other structure that, at the time the subsidence occurs, is used either temporarily, occasionally, seasonally, or permanently for human habitation. This term also includes any building, structure or facility installed on, above or below, or a combination thereof, the land surface if that building, structure or facility is adjunct to or used in connection with an occupied residential dwelling. Examples of such structures include, but are not limited to, garages; storage sheds and barns; greenhouses and related buildings; utilities and cables; fences and other enclosures; retaining walls; paved or improved patios, walks and driveways; septic sewage treatment facilities; and lot drainage and lawn and garden irrigation systems. Any structure used only for commercial agricultural, industrial, retail or other commercial purposes is excluded.
Operator means any person engaged in coal mining who removes or intends to remove more than 250 tons of coal from the earth or from coal refuse piles by mining within 12 consecutive calendar months in any one location.
(b) To comply with all applicable State and Federal water-quality laws and regulations.
Outslope means the face of the spoil or embankment sloping downward from the highest elevation to the toe.
Overburden means material of any nature, consolidated or unconsolidated, that overlies a coal deposit, excluding topsoil.
Own, owner, or ownership, as used in parts 773, 774, and 778 of this chapter (except when used in the context of ownership of real property), means being a sole proprietor or owning of record in excess of 50 percent of the voting securities or other instruments of ownership of an entity.
Perennial stream means a stream or part of a stream that flows continuously during all of the calendar year as a result of ground-water discharge or surface runoff. The term does not include intermittent stream or ephemeral stream.
Performance bond means a surety bond, collateral bond or self-bond or a combination thereof, by which a permittee assures faithful performance of all the requirements of the Act, this chapter, a State, Federal or Federal lands program, and the requirements of the permit and reclamation plan.
Permanent diversion means a diversion remaining after surface coal mining and reclamation operations are completed which has been approved for retention by the regulatory authority and other appropriate State and Federal agencies.
Permanent impoundment means an impoundment which is approved by the regulatory authority and, if required, by other State and Federal agencies for retention as part of the postmining land use.
Permit means a permit to conduct surface coal mining and reclamation operations issued by the State regulatory authority pursuant to a State program or by the Secretary pursuant to a Federal program. For purposes of the Federal lands program, permit means a permit issued by the State regulatory authority under a cooperative agreement or by OSM where there is no cooperative agreement.
Permit area means the area of land, indicated on the approved map submitted by the operator with his or her application, required to be covered by the operator's performance bond under subchapter J of this chapter and which shall include the area of land upon which the operator proposes to conduct surface coal mining and reclamation operations under the permit, including all disturbed areas; provided that areas adequately bonded under another valid permit may be excluded from the permit area.
Permittee means a person holding or required by the Act or this chapter to hold a permit to conduct surface coal mining and reclamation operations issued by a State regulatory authority pursuant to a State program, by the Director pursuant to a Federal program, by the Director pursuant to a Federal lands program, or, where a cooperative agreement pursuant to section 523 of the Act has been executed, by the Director and the State regulatory authority.
Precipitation event means a quantity of water resulting from drizzle, rain, snow, sleet, or hail in a limited period of time. It may be expressed in terms of recurrence interval. As used in these regulations, precipitation event also includes that quantity of water emanating from snow cover as snowmelt in a limited period of time.
Previously mined area means land affected by surface coal mining operations prior to August 3, 1977, that has not been reclaimed to the standards of 30 CFR chapter VII.
Prime farmland means those lands which are defined by the Secretary of Agriculture in 7 CFR part 657 (Federal Register Vol. 4 No. 21) and which have historically been used for cropland as that phrase is defined above.
Principal shareholder means any person who is the record or beneficial owner of 10 percent or more of any class of voting stock.
Property to be mined means both the surface estates and mineral estates within the permit area and the area covered by underground workings.
Rangeland means land on which the natural potential (climax) plant cover is principally native grasses, forbs, and shrubs valuable for forage. This land includes natural grasslands and savannahs, such as prairies, and juniper savannahs, such as brushlands. Except for brush control, management is primarily achieved by regulating the intensity of grazing and season of use.
Reasonably available spoil means spoil and suitable coal mine waste material generated by the remining operation or other spoil or suitable coal mine waste material located in the permit area that is accessible and available for use and that when rehandled will not cause a hazard to public safety or significant damage to the environment.
Recharge capacity means the ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation.
Reclamation means those actions taken to restore mined land as required by this chapter to a postmining land use approved by the regulatory authority.
Recurrence interval means the interval of time in which a precipitation event is expected to occur once, on the average. For example, the 10-year 24-hour precipitation event would be that 24-hour precipitation event expected to occur on the average once in 10 years.
Reference area means a land unit maintained under appropriate management for the purpose of measuring vegetation ground cover, productivity and plant species diversity that are produced naturally or by crop production methods approved by the regulatory authority. Reference areas must be representative of geology, soil, slope, and vegetation in the permit area.
Refuse pile means a surface deposit of coal mine waste that does not impound water, slurry, or other liquid or semi-liquid material.
Remining means conducting surface coal mining and reclamation operations which affect previously mined areas.
Renewable resource lands means aquifers and areas for the recharge of aquifers and other underground waters, areas for agricultural or silvicultural production of food and fiber, and grazinglands.
Replacement of water supply means, with respect to protected water supplies contaminated, diminished, or interrupted by coal mining operations, provision of water supply on both a temporary and permanent basis equivalent to premining quantity and quality. Replacement includes provision of an equivalent water delivery system and payment of operation and maintenance costs in excess of customary and reasonable delivery costs for premining water supplies.
(a) Upon agreement by the permittee and the water supply owner, the obligation to pay such operation and maintenance costs may be satisfied by a one-time payment in an amount which covers the present worth of the increased annual operation and maintenance costs for a period agreed to by the permittee and the water supply owner.
(b) If the affected water supply was not needed for the land use in existence at the time of loss, contamination, or diminution, and if the supply is not needed to achieve the postmining land use, replacement requirements may be satisfied by demonstrating that a suitable alternative water source is available and could feasibly be developed. If the latter approach is selected, written concurrence must be obtained from the water supply owner.
Road means a surface right-of-way for purposes of travel by land vehicles used in surface coal mining and reclamation operations or coal exploration. A road consists of the entire area within the right-of-way, including the roadbed, shoulders, parking and side areas, approaches, structures, ditches, and surface. The term includes access and haulroads constructed, used, reconstructed, improved, or maintained for use in surface coal mining and reclamation operations or coal exploration, including use by coal hauling vehicles to and from transfer, processing, or storage areas. The term does not include ramps and routes of travel within the immediate mining area or within spoil or coal mine waste disposal areas.
Safety factor means the ratio of the available shear strength to the developed shear stress, or the ratio of the sum of the resisting forces to the sum of the loading or driving forces, as determined by accepted engineering practices.
Sedimentation pond means an impoundment used to remove solids from water in order to meet water quality standards or effluent limitations before the water leaves the permit area.
(a) An environmental harm is an adverse impact on land, air, or water resources which resources include, but are not limited to, plant and animal life.
(2) May reasonably be expected to cause such harm at any time before the end of the reasonable abatement time that would be set under section 521(a)(3) of the Act.
(c) An environmental harm is significant if that harm is appreciable and not immediately reparable.
Siltation structure means a sedimentation pond, a series of sedimentation ponds, or other treatment facility.
Slope means average inclination of a surface, measured from the horizontal, generally expressed as the ratio of a unit of vertical distance to a given number of units of horizontal distance (e.g., 1v: 5h). It may also be expressed as a percent or in degrees.
(d)C horizon. The deepest layer of soil profile. It consists of loose material or weathered rock that is relatively unaffected by biologic activity.
Soil survey means a field and other investigation, resulting in a map showing the geographic distribution of different kinds of soils and an accompanying report that describes, classifies, and interprets such soils for use. Soil surveys must meet the standards of the National Cooperative Soil Survey as incorporated by reference in 30 CFR 785.17(c)(1).
(a) Surface mining takes place on a relatively limited site for an extended period of time. The surface opening of the excavation is at least the full size of the excavation and has a continuous border.
(b) Excavation of the mine pit follows a coal seam that inclines 15° or more from the horizontal, and as the excavation proceeds downward it expands laterally to maintain stability of the pitwall or as necessary to accommodate the orderly expansion of the total mining operation.
(c) The amount of material removed from the pit is large in comparison to the surface area disturbed.
(d) There is no practicable alternative to the deep open-pit method of mining the coal.
(e) There is no practicable way to reclaim the land as required in subchapter K.
Spoil means overburden that has been removed during surface coal mining operations.
Stabilize means to control movement of soil, spoil piles, or areas of disturbed earth by modifying the geometry of the mass, or by otherwise modifying physical or chemical properties, such as by providing a protective surface coating.
State program means a program established by a State and approved by the Secretary pursuant to section 503 of the Act to regulate surface coal mining and reclamation operations on non-Indian and non-Federal lands within that State, according to the requirements of the Act and this chapter. If a cooperative agreement under part 745 has been entered into, a State program may apply to Federal lands, in accordance with the terms of the cooperative agreement.
Steep slope means any slope of more than 20° or such lesser slope as may be designated by the regulatory authority after consideration of soil, climate, and other characteristics of a region or State.
Subirrigation means, with respect to alluvial valley floors, the supplying of water to plants from underneath or from a semisaturated or saturated subsurface zone where water is available for use by vegetation.
Substantially disturb means, for purposes of coal exploration, to significantly impact land or water resources by blasting; by removal of vegetation, topsoil, or overburden; by construction of roads or other access routes; by placement of excavated earth or waste material on the natural land surface or by other such activities; or to remove more than 250 tons of coal.
Successor in interest means any person who succeeds to rights granted under a permit, by transfer, assignment, or sale of those rights.
Surface mining activities means those surface coal mining and reclamation operations incident to the extraction of coal from the earth by removing the materials over a coal seam, before recovering the coal, by auger coal mining, or by recovery of coal from a deposit that is not in its original geologic location.
Suspended solids or nonfilterable residue, expressed as milligrams per liter, means organic or inorganic materials carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by the Environmental Protection Agency's regulations for waste water and analyses (40 CFR part 136).
Temporary diversion means a diversion of a stream or overland flow which is used during coal exploration or surface coal mining and reclamation operations and not approved by the regulatory authority to remain after reclamation as part of the approved postmining land use.
Temporary impoundment means an impoundment used during surface coal mining and reclamation operations, but not approved by the regulatory authority to remain as part of the approved postmining land use.
Topsoil means the A and E soil horizon layers of the four master soil horizons.
Toxic-forming materials means earth materials or wastes which, if acted upon by air, water, weathering, or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water.
Toxic mine drainage means water that is discharged from active or abandoned mines or other areas affected by coal exploration or surface coal mining and reclamation operations, which contains a substance that through chemical action or physical effects is likely to kill, injure, or impair biota commonly present in the area that might be exposed to it.
Transfer, assignment, or sale of permit rights means a change of a permittee.
Unanticipated event or condition, as used in § 773.13 of this chapter, means an event or condition related to prior mining activity which arises from a surface coal mining and reclamation operation on lands eligible for remining and was not contemplated by the applicable permit.
Underground development waste means waste-rock mixtures of coal, shale, claystone, siltstone, sandstone, limestone, or related materials that are excavated, moved, and disposed of from underground workings in connection with underground mining activities.
(b) Underground operations such as underground construction, operation, and reclamation of shafts, adits, underground support facilities, in situ processing, and underground mining, hauling, storage, and blasting.
Undeveloped rangeland means, for purposes of alluvial valley floors, lands where the use is not specifically controlled and managed.
Upland areas means, with respect to alluvial valley floors, those geomorphic features located outside the floodplain and terrace complex, such as isolated higher terraces, alluvial fans, pediment surfaces, landslide deposits, and surfaces covered with residuum, mud flows or debris flows, as well as highland areas underlain by bedrock and covered by residual weathered material or debris deposited by sheetwash, rillwash, or windblown material.
Valley fill means a fill structure consisting of any material, other than organic material, that is placed in a valley where side slopes of the existing valley, measured at the steepest point, are greater than 20 degrees, or where the average slope of the profile of the valley from the toe of the fill to the top of the fill is greater than 10 degrees.
(i) A notice of violation under § 843.12 of this chapter.
(ii) A cessation order under § 843.11 of this chapter.
(iii) A final order, bill, or demand letter pertaining to a delinquent civil penalty assessed under part 845 or 846 of this chapter.
(iv) A bill or demand letter pertaining to delinquent reclamation fees owed under part 870 of this chapter.
(C) The site is covered by an alternative bonding system approved under § 800.11(e) of this chapter, that system requires reimbursement of any reclamation costs incurred by the system above those covered by any site-specific bond, and the person has not complied with the reimbursement requirement and paid any associated penalties.
(2) A failure or refusal to comply with any order issued under section 521 of the Act, or any order incorporated in a final decision issued by the Secretary under the Act, except an order incorporated in a decision issued under section 518(b) or section 703 of the Act.
Violation notice means any written notification from a regulatory authority or other governmental entity, as specified in the definition of violation in this section.
Water table means the upper surface of a zone of saturation, where the body of ground water is not confined by an overlying impermeable zone.
(2) With intentional disregard or plain indifference to legal requirements.
For Federal Register citations affecting § 701.5, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.
In § 701.5, the definition of Affected area, insofar as it excludes roads which are included in the definition of Surface coal mining operations, was suspended at 51 FR 41960, Nov. 20, 1986.


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Patel V. A framework for secure and decentralized sharing of medical imaging data via blockchain consensus. Health Informatics Journal. 2018;0(00):1–14.
Patel V, Hathout L. Image-driven modeling of the proliferation and necrosis of glioblastoma multiforme. Theoretical Biology and Medical Modelling. 2017;14(1):10.
Hathout L, Patel V, Wen P. A 3-dimensional DTI MRI-based model of GBM growth and response to radiation therapy. International Journal of Oncology. 2016;49(3):1081–87.
Hathout L, Patel V. Estimating subthreshold tumor on MRI using a 3D-DTI growth model for GBM: An adjunct to radiation therapy planning. Oncology Reports. 2016;36(2):696–704.
Pereira JLB, Downes A, Gorgulho A, Patel V, Malkasian D, de Salles A. Alzheimer's disease: The role for neurosurgery. Surgical Neurology International. 2014;5:S385–90.
Patel V, Shi Y, Thompson PM, Toga AW. Mesh-based spherical deconvolution: A flexible approach to reconstruction of non-negative fiber orientation distributions. NeuroImage. 2010;51(3):1071–81.
Patel V, Dinov ID, van Horn JD, Thompson PM, Toga AW. LONI MiND: Metadata in NIfTI for DWI. NeuroImage. 2010;51(2):665–76.
Patel V, Velez E, Ceglar S, See K-Y, Shiroishi M, Tamrazi B. The hypomyelinating leukodystrophies: Imaging features, clinical manifestations, and genetic underpinnings. American Society of Neuroradiology. 2019.
Patel V. Creating realistic T1-weighted magnetic resonance images from diffusion-weighted acquisitions using a generative adversarial network. American Society of Neuroradiology. 2019.
Patel V, Salamon N. Data augmentation with digitally reconstructed radiographs improves deep learning accuracy for shunt valve setting classification. Western Neuroradiological Society. 2018.
Patel V, Thompson PM, Toga AW. A deep learning approach to spherical deconvolution for fiber orientation estimation in HARDI. Organization for Human Brain Mapping. 2018.
Patel V, Salamon N. Diffusion-weighted MR signal sparsity reveals white matter alterations in Alzheimer's disease. Organization for Human Brain Mapping. 2018.
Orosz I, Patel V, Yokota H, Woodworth D, Salamon N. Automated and manual diffusion tractography in the presurgical diagnostic of patients with temporal lobe epilepsy. American Society of Neuroradiology. 2018.
Orosz I, Patel V, Yokota H, Weiss S, Woodworth D, Moy S, Rios Piedra EA, Fried I, Bragin A, Staba R, Engel Jr J, Mathern G, Salamon N. Automated and manual diffusion tractography in the presurgical evaluation of patients with temporal lobe epilepsy. American Academy of Neurology. 2018.
Patel V, Hirata Y, Yokota H, Yogi A, Salamon N. Machine learning improves accuracy of FDG-PET and diffusion tensor MRI for identifying epileptogenic tubers. World Federation of Nuclear Medicine and Biology. 2018.
Patel V, Orosz I, Salamon N. Automated probabilistic whole brain tractography for robust detection of microstructural white matter changes in temporal lobe epilepsy. Western Neuroradiological Society. 2017.
Patel V. Automated suggestion of descriptive alternatives for medical eponyms in radiology reports. Association of University Radiologists. 2017.
Patel V, Salamon N. Diffusion-weighted MR signal sparsity indicates impaired white matter organization in lissencephaly. International Society for Magnetic Resonance in Medicine. 2017.
Orosz I, Weiss S, Woodworth D, Yogi A, Ullman H, Qiao J, Patel V, Stern J, Ellingson B, Staba R, Engel Jr J, Salamon N. Diffusion tensor imaging: A non-invasive surrogate marker of intracranial high frequency oscillations. American Epilepsy Society. 2016.
Hathout L, Patel V. Mathematical modeling and diffusion tensor MR imaging estimates of the invisibility index of GBM as an adjunct to radiation therapy planning. American Society for Therapeutic Radiology and Oncology. 2016.
Hathout L, Patel V. Diffusion tensor imaging (DTI)-based simulations of GBM growth and response to radiation therapy. American Society for Therapeutic Radiology and Oncology. 2016.
Orosz I, Woodworth D, Weiss S, Yogi A, Ullman H, Qiao J, Patel V, Stern J, Ellingson B, Fried I, Salamon N. Predicting laterality of seizure onset zone by diffusion tensor tractography of intracranial depth electrodes in patients with temporal lobe epilepsy. American Society of Neuroradiology. 2016.
Patel V, Hathout L. Improved modeling of glioblastoma proliferation and necrosis using growth parameters derived from MRI. International Society for Magnetic Resonance in Medicine. 2016.
Patel V, Fitzgibbons M, Thompson PM, Toga AW, Salamon N. Examining global white matter development via the sparse coding properties of diffusion-weighted MRI. International Society for Magnetic Resonance in Medicine. 2016.
Patel V, Hathout L. A novel computational model for predicting the growth and necrosis of glioblastoma multiforme. Western Neuroradiological Society. 2015.
Patel V, Thompson PM, Salamon N. Effects of K-SVD denoising on anisotropy metrics computed from DW-MRI. Organization for Human Brain Mapping. 2015.
Ullman H, Orosz I, Patel V, Woodworth D, Linetsky M, Salamon N. White matter changes of the unaffected hemisphere after hemispherotomy for pediatric intractable epilepsy. American Society of Neuroradiology. 2015.
Zhan L, Franc D, Patel V, Jahanshad N, Jin Y, Mueller BA, Bernstein MA, Borowski BJ, Jack Jr CR, Toga AW, Lim KO, Thompson PM. How do spatial and angular resolution affect brain connectivity maps from diffusion MRI? IEEE International Symposium on Biomedical Imaging. 2012:1–4.
Patel V, Coroian C, Salamon N, Thompson PM, Toga AW. Fast-marching tractography suggests altered hippocampal connectivity in temporal lobe epilepsy. Organization for Human Brain Mapping. 2011.
Patel V, Shi Y, Thompson PM, Toga AW. K-SVD for HARDI denoising. IEEE International Symposium on Biomedical Imaging. 2011:1805–08.
Patel V, Thompson PM, Toga AW. Fast-PC: A method to quantify connectivity in DTI through fast-marching tractography. Organization for Human Brain Mapping. 2010.
Patel V, Chiang M-C, Thompson PM, McMahon KL, de Zubicaray GI, Martin NG, Wright MJ, Toga AW. Scalar connectivity measures from fast-marching tractography reveal heritability of white matter architecture. IEEE International Symposium on Biomedical Imaging. 2010:1109–12.
Patel V, Shi Y, Thompson PM, Toga AW. Mesh-based spherical deconvolution for physically valid fiber orientation reconstruction from diffusion-weighted MRI. IEEE International Symposium on Biomedical Imaging. 2009:614–17.
Patel V, Dinov ID, van Horn JD, Toga AW. MiND: An extensible framework for storage and modification of DWI metadata. NeuroImage. 2009;47(S1):S73.
Patel V. Neural connectivity mapping with diffusion-weighted MRI. PhD dissertation. University of California, Los Angeles. 2011.

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A. Chakraborty, A. Achari, M. Eswaramoorthy and T. K. Maji, MOF-aminoclay composites for superior CO2 capture, separation and enhanced catalytic activity in chemical fixation of CO2, Chem. Commun. 11378 (2016).
B. Narayanamoorthy, S. Balaji, S. Pasupathi, M. Eswaramoorthy and II-Shik Moon, Enhanced Intrinsic Activity and Stability of Au–Rh Bimetallic Nanostructures as a Supportless Cathode Electrocatalyst for Oxygen Reduction in Alkaline Fuel Cells, ACS Sustainable Chemistry & Engineering 4,	6480 - 6490 (2016).
A. Achari and M. Eswaramoorthy, Casting molecular channels through domain formation: high performance graphene oxide membranes for H2/CO2 separation , J. Mater. Chem.A 4,	7560 - 7564 (2016).
Sisir Maity and M. Eswaramoorthy, Nickel-Palladium Bimetallic Catalysts for the Direct Synthesis of H2O2 - Unusual Enhancement of Pd Activity in Presence of Nickel, J. Mater. Chem.A 4,	3233 - 3237 (2016).
A. Achari, S. Sahana and M. Eswaramoorthy, High performance MoS2 membranes: effects of thermally driven phase transition on CO2 separation efficiency, Energy & Environmental Science 9,	1224 - 1228 (2016).
Dheeraj Kumar Singh, SaiKrishna K, S. Harish , S. Sampath and M. Eswaramoorthy , No More HF: Teflon Assisted Ultrafast Removal of Silica to Generate High Surface Area Mesostructured Carbon for Enhanced CO2 Capture and Supercapacitor Performance , Angew. Chem. Int. Ed. 55,	2032 - 2036 (2016).
B. R. Selvi, S. Chatterjee, R. Modak, M. Eswaramoorthy and T. K. Kundu, A Chapter on "Histone acetylation as a therapeutic target", Epigenetics: Development and Disease (Springer Science) (2012).
K. Sai Krishna, B. V. V. S. Pavan Kumar and M. Eswaramoorthy, Shaping up: spontaneous formation of ordered mesoscopic salt bowls , RSC Advances 2,	5947 - 5949 (2012).
B. R. Selvi, S. Chatterjee, D. Jagadeesan, C. Piyush, B. S. Suma, M. Eswaramoorthy and T. K. Kundu, ATP driven clathrin dependent entry of carbon nanospheres prefer cells with glucose receptors, J. Nanobiotechnology (2012).
B. Narayanamoorthy, K. K. R. Datta, M. Eswaramoorthy and S. Balaji, Improved oxygen reduction reaction catalyzed by Pt/clay/Nafion nanocomposite for PEM fuel cells, ACS Applied Materials & Interfaces (2012).
K. Jayaramulu, K. K. R. Datta, M. V. Suresh, G. Kumari, R. Datta, C. Narayana, M. Eswaramoorthy and T. K. Maji, Honeycomb porous framework of Zn(II): Effective host for palladium nanoparticles for efficient three component coupling and selective gas storage, ChemPlusChem 77,	743 - 747 (2012).
A. Sravanth Kumar, K. K. R. Datta, T. Srinivasa Rao, K. V. Raghavan, M. Eswaramoorthy and B. V. Subba Reddy, Pd-aminoclay nanocomposite as an efficient recyclable catalyst for hydrogenation and Suzuki cross coupling reactions , J. Nanosci. Nanotechnol. 12,	2000 - 2007 (2012).
S. M. Reddy, K. K. R. Datta, C. Sreelakshmi, M. Eswaramoorthy and B. V. Subba Reddy, Honey Mediated Green Synthesis of Pd Nanoparticles for Suzuki Coupling and Hydrogenation of Conjugated Olefins, Nanosci. Nanotechnol. Lett. 4,	420 - 425 (2012).
K. V. Rao, K. K. R. Datta, M. Eswaramoorthy and Subi J George, Light-Harvesting Hybrid Assemblies (Concept Article), Chem. Eur. J 18,	2184 - 2194 (2012).
C. Piyush, J. Dinesh and M. Eswaramoorthy, pH sensitive breathing of clay within the polyelectrolyte matrix, ACS Nano 4,	5921 - 5929 (2010).
K. Sai Krishna, C. S. S. Sandeep, Reji Philip and M. Eswaramoorthy, Mixing does the magic: A rapid synthesis of high surface area noble metal nanosponges showing broadband nonlinear optical response, ACS Nano 4,	2681 - 2688 (2010).
K. Saikrishna, G. Vivekanadan, D. Ravinder and M. Eswaramoorthy, ZnO: A versatile template to obtain unusual morphologies of silica, gold and carbon nanostructures, Chem. Commun. 46,	2989 - 2991 (2010).
K. K. R. Datta, C. Kulkarni and M. Eswaramoorthy, Aminoclay: A Permselective Matrix to Stabilize Copper Nanoparticles, Chem. Commun. 46,	616 - 618 (2010).
J. Dinesh and M. Eswaramoorthy, Functionalized Carbon Nanomaterials Derived from Carbohydrates (focus review), Chemistry-An Asian Journal 5,	232 - 243 (2010).
K. Raidongia, K. P. S. S. Hembram, U. V. Waghmare, M. Eswaramoorthy and C. N. R. Rao, Synthesis, structure and properties of mesoporous B/C/N microspheres, ZAAC 636,	30 - 35 (2010).
K. Saikrishna and M. Eswaramoorthy, A Chapter on 'Nanorings', CRC Handbook of Nanophysics- Nanotubes and Nanowires(Tailor & Francis group) (2010).
K. Sai Krishna, Uzma Mansoori, N. R. Selvi and M. Eswaramoorthy, Form Emerges from Formless Entities: Temperature-Induced Self-Assembly and Growth of ZnO Nanoparticles into Zeptoliter Bowls and Troughs, Angew. Chem. Int. Ed. 46,	5962 - 5965 (2007).
Farid Khan, M. Eswaramoorthy and C. N. R. Rao, Macroporous silver monoliths using a simple surfactant, Solid State Sciences 9,	27 - 31 (2007).
K. K. R. Datta, M. Eswaramoorthy and C. N. R. Rao, Water-solubilized aminoclay-metal nanoparticle composites and their novel properties, J. Mater. Chem. 17,	613 - 615 (2007).
J. Dinesh, M. Eswaramoorthy and C. N. R. Rao, Use of Amorphous Carbon Nanotube Brushes as Templates to Fabricate GaN Nanotube Brushes and Related Materials, J. Phys. Chem. C. 111,	510 - 513 (2007).
K. Sai krishna and M. Eswaramoorthy, Novel synthesis of carbon nanorings and their characterization, Chem Phys Lett. 433,	327 - 330 (2007).
Govindaraj, Manashi Nath and M. Eswaramoorthy, Studies of C60 and C70 incorporated in cubic mesoporous silica (MCM-48), Chem Phys Lett. 317,	35 - 39 (2000).


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