|
<br />permit and adjacent area consists of wildlife habitat, ran ;clar.d a:•..' :;:;!•; ,
<br />agriculture. For these uses, for other foreseeable uties :nd :,,- ;.,_,,,,_~~~:_
<br />use of any other renewable resources which may have been identi:ic'., ,,
<br />diminution assessment is required. This assessment is speclfica:l: •~
<br />whether [he resource will be affected, but if the foreseeable u:r; ~_:~~ ~,_
<br />diminished. It is, [hen, important to note that some effects of su;>.;E.,;,,...~ ,__
<br />permissible. In fact, even large-scale subsidence, in this worst-c.:•~,_
<br />consideration, is permissible if it neither causes material da~a~e ;,;-
<br />dimnlshes the foreseeable uses of renewable resources.
<br />It is possible that the applicant ma;~ be able to show that, althn~~;h
<br />structures and/or renewable resources exist in the proposed pe mit :~~
<br />adjacent area, a worst-case (i.e., total subsidence of all work?;;;•;~ s;._~.___;
<br />would nut result in material damage or diminution uE use. If aate::~i :~_.,;~
<br />or diminution of use is possible, even though tl+e worst case is ~-c~.».- -,,.
<br />probable, the second phase of subsidence compliance is cequired, the
<br />subsidence control plan. A subsidence control plan may also be necessary '.,
<br />the regulatory authority [justifiably] determines that such damage or
<br />diminution could occur," despite the statement of the applicant. Such v s:~r
<br />by the regulatory authority would probably be taken if the subsider,cc ,~:_-:cr
<br />and estimate of possible damage or diminution were lacking in quantity .~-" ;:
<br />quality; However, i[ is well to recognize that this alternative, if t.:ke-,
<br />will require significantly greater effort and expense on behalf o: the
<br />applicant and is not a phase to be required in all cases.
<br />This second phase, the subsidence control plan, will vary in detail .:tcor.:•.-:;
<br />to the specific mine plan. 30 CFR 784.2G (a) through (d) delimit the :_~:-
<br />basic sections of the plan, as;
<br />(a) A detailed description of the mining method and other mu:~sures ::`.•~
<br />taken which may affect subsidence...
<br />(b) A detailed description of the measures to be taken to pre~:ect
<br />subsidence from causing material damage or lessening the value or r~.i s.~n:i'':-
<br />foreseeable use of the surface...
<br />(c) A detailed description of the muasures to be taken to -iti~n:~ :`~•
<br />effects of any material damage oc diminution of value or foresee.~b:c :•
<br />the lands which may occur...
<br />(d) A detailed description of measures to be taken to decor-5:..: :.`r
<br />of material damage or diminution of value or foreseeable use o` :'•~~
<br />surface...
<br />I[ should be noted Chat, in the control plan, value of the lard ~ +~'."•
<br />addressed and the uses of surface and uses of lands also hero^e ->='= ~'~'~-
<br />An applicant is well advised to review these subparagraphs in d•~=~~=~~.
<br />requirer,~ents are now for detailed descriptions.
<br />
|