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REV10838
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REV10838
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Last modified
8/25/2016 1:21:50 AM
Creation date
11/21/2007 10:17:08 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981038
IBM Index Class Name
Revision
Doc Date
7/10/1991
Doc Name
APPLICABILITY OF SECTION 522 E OF THE SURFACE MINING CONTROL & RECLAMATION ACT TO SUBSIDENCE
From
US DEPT OF INTERIOR
To
OSM
Type & Sequence
PR3
Media Type
D
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No
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4~ <br />schemes for surface and underground mining. The legislative <br />history emphasizes that the differences in the nature and <br />consequences of the two types of mining require significant <br />differences in regulatory approach.) Congress had received <br />ample testimony prior to the passage of the Act regarding the <br />differences in J th the nature ar.,d consequences of the two types <br />of coal mining. <br />For instance, Congress was aware <br />risks associated with undergroun <br />significantly different from tho <br />mining. Environmental impacts a <br />unregulated or unreclaimed under <br />and hydrological problems that w <br />not observable at the surface fo <br />Such surface consequences could <br />problems in some cases remained <br />unchangeable because of adverse <br />hydrological conditions. <br />that the types of environmental <br />mining are, for the most part, <br />e associated with surface <br />sociated with (pre-SMCRA) <br />round mines included subsidence <br />re hidden deep underground and <br />an unpredictably long time. <br />e severe and long-lasting. The <br />undamentally inaccessible or <br />ethnological, geological and <br />By contrast, most of the impacts,of unregulated pre-SMCRA surface <br />mining resulted from surface activities that were more immediate <br />and more readily observable, andthe resulting conditions were <br />relatively accessible for reclam<<tion.,~ <br />Congress crafted regulatory prog;l-ams in SMCRA at sections 515 and <br />516 to deal with the characteristic problems associated with each <br />type of coal mining. Section 51s establishes the regulatory <br />J See SMCRA section 516(a): <br />The Secretary shall promulg~ite rules and regulations <br />directed toward the surfaceleffects of underground coal <br />mining operations.. ]?rovided, however, That in <br />adopting any rules and~regu:lations the Secretary shall <br />consider the distinct diffei_ence between surface coal mining <br />and underground coal mining. <br />---~D-SJ.~~-§-3266 (a) . See also S1dCRA sections 516 (b) (10) and (d) ; <br />30 II.S.C. §§ 1266(b)(10) and (d)~. • <br />~ See, e.a:, H.R. Rep. No.•218,,95th Cong., 1st Sess.•59 <br />_. (1977); S. Rep.•No. 128, 95th Coizg., 2nd Sess. 50 (1977); H.R. <br />Rep. No. 1445, 94th Cong., 2nd•S~ass. 19 (1976),; S. Rep. No. 402, <br />93rd Cong., 2nd Sess. 83 (1973);;H.R.' Rep. No: 1072, 93rd Conga" <br />2nd Sess. 57, 108 (1974); H.12. R~~p. No.'-1462, 92nd Cong., 2d <br />Sess. 32 (1972); 123 Cong. Rec.3083, 8154 (1977); 123 Cong. Rec. <br />7996 (1977); 123 Cong. Rec. 3726 (1977). <br />See H.R. Rep. No. 1445, 94th Cong., 2d Sess. 20-22 (1976). <br />
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