ENFORCE27003 - Laserfiche WebLink

Home Browse Search

§ 817.111 30 CFR fit. Y1{ (7-7-88 Edition) ~+ Surtaa Mining Redamofion and l;rx' C98 PR 10161. Sept, y 19837 Fbrroa•,• Noxe AC SI (>R 41962. Nov. 20. 1986. in S 817.116: 1. Paragraph (b)(3)(ii) was suspended inso- far as it permits the counting of trees and shrubs which have been is Duce less than the apDilpble period of resDOnsibility is do +e'mining revegetatioa success. 2 Paragraph (c)(2) was suspended +n ^tar as it permits revegetavon success to be me7-slued over less Lion the growing sea- sons o[ the Iasi two years of the resDOnsihil- ity Period. '3. Paragraph (c)(4) was suspended to the extent clot it cemrits the repair of rills and gullies without restarting the period o1 re- spoitsibility. ~ . ® 817.121 Subsidence eontroL (a) The operator shall either adopt measures consistent with Imown tech- nology which prevent subsidence from causing material damage to the extent technologically and economically fea- sible, mar;m;~e mine stability, and maintain the value and reasonably foreseeable use of surface ]ands; or adopt minine technology which pro- vides Sor planned subsidence in a pre- dictable and controlled manner. Noth- inB in Lhis Part shall be~coastrued to prohibit the standard method of room- and-Dlllaz ^~;r+;n6. (b) The operator shall comply with all provisions of the approved subsid- eIICe control P]an prepared DarsuanL to 3 78420 of this dupter. (c) The ocerator shall- (1) Correct any material damage re- 6altupg fTOm SUhSiden.CC CaUSed t0 Sur- facelands;to the extenttechnological- ly and economically feast3le, by restor- inB Lhe laced to a~condition capable of maintaining the value and reasonably foreseeable uses which it was capable of supporting before subsidence: and (2) To the extent required under air potable provisions of State law; either correct material damage resulting from subsidence Caused to amy struc- tures or faculties by repairing the damage or compensate the owner. of such structures or facilities in the full amount of the diminution in value re- sulting from the subsidence. Repair of damage .includes rehabilitation, recto- ration, or reDlacemeat of damaged structures or facilities Compensation may be accomplished by the purchase prior to mining of a aoncancellable Premium-prepaid inenr~~ Policy. (d) Underground mining activities shall not be conducted beneath or ad- jacent to (1) public buildings and fa- cilities: (_^) ehtltches, schools, and hos- pitals: or (3) impoundments with a storage capacity of 20 acre-feet or more or bodies of water with a volume of 20 acre-feet or more, unless the sub- sidence rnntrol pla¢ demonstrates chat subsidence will not cause material damage,.to, or reduce the reasonably foreseeable. use of, such features or fa- cilities. 1f the regulatory authority de- termines that it is necessary in order to min;mi~e the potential for material damage to the features or facilities de- scribed ahove~ or to any aquifer or body of water that serves as a signifi- cant water sourcefor any public water supply system. it may limit the per- centage of coal. extracted under or ad- jacent thereto. (e) 7f subsidence causes material damage to any of the features or fa- cilities covered by Dataeraph (d) of this section, the regulatory authority racy suspend mining under or adjacent to such features or faculties until the subsidence control Dian is modified to ensure prevention of further material Damage to such features or facilities. (f) Th~_regulatory authority shall suspend underground minine activities under urbanized areas. dries. towns. and rnmmunities, and adjacent to In- dustrial - or commercial buildings. maiox. impoundments.... or perennial streams, if imminent danger Is found to inhabitants of the urbanized azeas, cities, towns, or communities. (g) Within a schedule approved by the regulatory authority, the operator shall submit a detailed D1aa of the un- derground worlciti&s. The detaued plan shall include maps and destaiptions, as appropriate, of signifit-ant features of the .underground mine, lnduding the size. configuration, and aDprosimate location of p171ars and entries, eatrac- 'tlOa rat103, measur! takeII t0 prevent or min(m++. subsidence: and ~ related damage, azeas of full extraction, and other information required by the reg- ulatory authority. Upon request of the operator, information submitted with the detailed plan may be held as confi- dential in accordance with the re- quirements of § 773.13(d) of this Chap- ter. [48 FR 2465y June 1. 1983, as amended~~~ 52 FR 4868. Feb. 17. 79877 3 877.13 Subsidence eontroL• Pu' notice. AL least 6 months prior to mining. within that period it approved by t) regulatory authority, the uaderl;rou~. mine operator shall mail a notificati•~ to all owners and occupants of surfa• property and structures above the u derBround workinBS. The notificati, shall Indude, at a minimum, identi- ptian of specific areas in whi, min;n¢ will take place, dates that sx~ ~c areas will be undermined. and l: `' location or locations where the opel~ tot's subsidence control plan may r eaamiaed 328 C48 RR 2465:. June I. 1983] $ 817.131 Ceesatioa of operations: Temt rary. (a) Fach person who conducts vnd~: ground minine activities stall ef1~ Lively support and maiatata all surfs access oD.enings to underground op~ ations, and secure surface.tacilities areas in which there are no carte opeI3tion5. but operations are to be . shed under an 'approved Dern: Temporary abandonment shah not lleve a person of his or her obli8ati~ to comply with arty Provisions o[ t approved Derm.iL (b) Before temporary cessation mining and reclamation operations i a period of thirty days or more, or soon as it is Irnowa that a Lempor~ cesration will extend beyond 30 da: each person who conducts uad~ ~Oaad min vino aet17it1eS Shall Snbr. to the re$lllatpry authority a notice intention to cease or abandon op ations. This notice shall Include statement of the exact number of s• face acres and the horizontal and v. tital extent of sub-surface sir. which have been in the permit a~ prior to cessation or abandonment, i extent and triad of reclamation of s face area which will have been acct fpilh~'aBre~ad n ~re~veSetation, ei, ronmentai monitoring. tindergrou openhlg closures and water treaim: activities that will continue duria6 i temporary cessation