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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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9 <br />30 U.S.C. § 1291(28).~Z~ Section 701(28) also does not <br />specifically mention subsidence as included within its terms. <br />The issue we address in this opinion is whether the provisions of <br />section•522(e), which expressly apply to "surface coal mining <br />operations," should be construed. as applying to subsidence from <br />underground mining, which is note. referenced in the definition of <br />that term. Analysis of this issue requires an understanding of <br />how a prohibition of subsidence under section 522(e) would affect <br />the underground mining of coal i.n the United States. <br />Section 701(28) provides in full as follows: <br />"surface coal mining operations" means-- <br />(A) activities conducted on the surface of lands in <br />connection with a surface coal mine or subject to the <br />requirements of section 51E~ surface operations and surface <br />impacts incident to an undE~rground coal mine, the products <br />of which enter commerce or~the operations of which directly <br />or indirectly affect inter;:tate commerce. Such activities <br />include excavation for the~ipurpose of obtaining coal <br />including such common methods as contour, strip, auger, <br />mountaintop removal, box ciit, open pit, and area mining, the <br />uses of explosives and bla:~sting, and in situ distillation or <br />retorting, leaching or othiar chemical or physical <br />`"''-= rocessin and .the:cleanin <br />-~p g,~. g; concentrating,~~.or~other.::~,-:__ __ •:.;;::.: <br />processing or preparation, loading of coal for.interstate~ - <br />commerce at or near the mime site: Provided, however, That <br />such activities do not include the extraction of•coal. <br />incidental to the extracti<in of other minerals where coal <br />does not exceed 36 2/3 per~centum of the tonnage of minerals <br />removed for purposes of commercial use or sale 6r coal- <br />explorations subject to se%tion 512 of this Act; and <br />- (B) the areas upon which such activities occur or where such <br />activities disturb the natural land surface. Such areas <br />shall also include any adjiicent land the use of which is <br />incidental to any such activities, all lands affected by the. <br />construction of new roads qr the improvement or use of <br />• existing roads•to gain acc~ass to the site-of such activities <br />- and for haulage, and excav;itions,•workings; impoundments, <br />• -dams, ventilation shafts, iantryways, refuse banks, dumps, <br />___ -stockpiles; overburden piles, spoil banks, culm banks, ••_ <br />tailings, holes or depress.ions,'repair areas, storage .areas, <br />• - processing areas, shipping,areas and other. areas upon which <br />are sited structures, facilities, or other property or <br />materials on the surface, resulting from or incident to such <br />activities. <br />30 U.S.C. § 1291(28). <br />
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