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REV10838
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REV10838
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Entry Properties
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
Archive
No
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is implemented in large part at 3o C.F.R. Part 817, which sees <br />forth the performance standards for underground coal mining.- <br />The provisions concerning subsidence control in Part 817 include <br />performance standards which require the prevention of material <br />damage and maintaining the value: and reasonably foreseeable use <br />of surface lands, or using mine technology for planned subsidence <br />in a predictable and controlled manner; compliance with the <br />subsidence control plan; repair of material damage; and a <br />detailed plan of underground woxkings.J <br />In addition to the regulation of! surface and underground coal <br />mining under sections 515 and 5].6, under section 522(e) SMCRA <br />imposes certain prohibitions on surface coal mining operations on <br />lands designated by Congress as unsuitable for those <br />operations.) Congress determine.=d that the nature and purpose of <br />)(...continued) <br />(d) The provisions of titles V of this Act relating to State <br />and Federal programs,. permits, bonds, inspections and <br />enforcement, public review,. and administrative and judicial <br />review shall be applicable to surface operations and surface <br />impacts incident to an unde~arground coal mine with such <br />modifications to the permit: application requirements, permit <br />approval or denial procedu~,es, and bond requirements as are <br />necessary to accommodate the distinct difference between <br />surface and.underground.coin mining . <br />30 II.S.C. § 1266. <br />U The performance standards in 30 C.F.R. Part 817 include <br />protection of the hydrologic ba:iance, use of explosives, disposal <br />of excess spoil and,coal mine w,sste, backfilling and grading, <br />revegetation, and subsidence control. <br />J 30 C.F:R. § 817.121 (1990). <br />J Section 522(e) provides, in relevant part, as follows: <br />After the enactment of this Act and subject to valid <br />existing rights no surfaceicoal mining operations except <br />' •those which exist on the date of enactment of this Act shall <br />• . ~ be, permitted-- • <br />- - (1)'on any lands-withim th_'e boundaries of units of the - .= - <br />- -~--- = <br />' .' National Park System, the NationaT'~7ildlife Refuge Systems, <br />the National System of Trails, the National'Wilderness -~ <br />-Preservation System, the Wild and Scenic Rivers System, <br />including study rivers designated under section 5(a) of the <br />Wild and Scenic Rivers Act and National Recreation Areas <br />designated by Act of Congress; <br />(continued...) <br />
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