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3. The application states, on page 2.a05.6(6)-13; "The worst possible <br />• consequence of life-of-mine subsidence on State Highway 13 would be <br />a slight lowering of the grade and the development of surface <br />cracking in the pavement." However, on page 2.05.6(6)-22, the <br />applicant observes that surface lowering and cracking have been <br />observed above existing longwall panels No. LW-1 & LW-2 in the No. <br />5 mine. Surface lowering has reached a maximum vertical magnitude <br />of 4.8 feet, while surface cracks have reached widths of one foot <br />with vertical offsets of up to one foot. Both of these phenomena <br />would represent significant hazards to the public if manifested on <br />State Highway 13. The applicant should amend the text to reflect a <br />more realistic failure consequence and to realistically discuss the <br />potential significance of the worst possible subsidence consequence <br />for normal use of State Highway 13, including discussion of the <br />potential impact on transportation in the area and time required <br />for repairs. <br />• As will be discussed in detail hereafter, under "Subsidence Control <br />Plan", Rule 2.07.6(2)(d)(iv) specifically prohibits surface coal <br />mining operations within 100 feet, measured horizontally, of the <br />outside right-of-way boundary of any public road, unless the <br />applicant possesses a valid existing right as of February, 1977, or <br />the applicant proposes to relocate the road. Ground surface <br />subsidence resulting from underground coal mining constitutes a <br />surface coal mining operation. The applicant must demonstrate a <br />valid existing right to extract the coal or propose an acceptable <br />relocation plan. In the event that the applicant demonstrates a <br />valid preexisting right, then an acceptable subsidence control plan <br />must be prepared. <br />RESPONSE: No new mining under State Highway 13 is proposed within <br />this application's five (5) year permit period. Therefore, no <br />subsidence is planned to occur to State Highway 13 within the <br />permit period which this application addresses. <br /> <br />39-25 <br />