(1) The board shall
promulgate rules and regulations directed toward the surface effects of
underground coal mining, embodying the requirements of this section and in
accordance with the procedures of this article and the rules and regulations
promulgated pursuant to this article; except that, in adopting any rules and
regulations, the board shall consider the distinct difference between surface coal
mining and underground coal mining.
(2) Each permit issued under this article and relating to underground coal
mining shall require the operator to:
(a) (I) Adopt measures consistent with known technology in order to prevent
subsidence causing material damage to the extent technologically and
economically feasible, maximize mine stability, and maintain the value and
reasonably foreseeable use of such surface lands, except in those instances where
the mining technology used requires planned subsidence in a predictable and
controlled manner.
(II) If material damage results from subsidence caused by underground coal
mining operations to any occupied residential dwelling and related structures or
any noncommercial building, the operator of the underground coal mining
operations conducted on or after April 7, 1995, shall either:
(A) Promptly repair the damage by rehabilitating, restoring, or replacing the
damaged occupied residential dwelling and related structures or noncommercial
building; or
(B) Compensate the owner of the damaged occupied residential dwelling
and related structure or noncommercial building in the full amount of the
diminution in value resulting from the subsidence. Compensation may be
accomplished by the purchase, prior to mining, of a noncancellable, premium-prepaid insurance policy.
(III) Nothing in this section shall be construed to prohibit or interrupt
underground coal mining operations.
(b) Seal all portals, entryways, drifts, shafts, or other openings between the
surface and underground mine workings when no longer needed for the conduct of
the underground coal mining;
(c) Fill or seal exploratory holes no longer necessary for underground coal
mining, maximizing, to the extent technologically and economically feasible, return
of mine and processing waste, tailings, and any other waste incident to the
underground coal mining activities, the mine workings, or excavations;
(d) With respect to surface disposal of mine wastes, tailings, coal processing
wastes, and other wastes in areas other than the mine workings or excavations,
stabilize all waste piles created by the permittee from current operations through
construction in compacted layers, including the use of incombustible and
impervious materials if necessary, and assure that the leachate will not degrade,
below water quality standards established pursuant to applicable federal and state
law, surface water or groundwaters and that the final contour of the waste
accumulation will be compatible with natural surroundings and that the site is
stabilized and revegetated according to the provisions of this section;
(e) Design, locate, construct, operate, maintain, enlarge, modify, and remove,
or abandon, in accordance with the standards and criteria contained in applicable
state and federal law, all existing and new coal mine waste piles consisting of mine
wastes, tailings, coal processing wastes, or other liquid and solid wastes and used
either temporarily or permanently as dams or embankments;
(f) Establish on regraded areas and all other affected lands, a diverse and
permanent vegetative cover capable of self-regeneration and plant succession and
at least equal, in extent of cover, to the natural vegetation of the area;
(g) Protect off-site areas from damages which may result from such
underground coal mining activities;
(h) Eliminate fire hazards and otherwise eliminate conditions which
constitute a hazard to the health and safety of the public;
(i) Minimize the disturbances of the prevailing hydrologic balance at the mine
site and in associated off-site areas and to the quantity of surface water and
groundwater systems both during and after underground coal mining and during
reclamation by:
(I) Avoiding acid or other toxic mine drainage by such measures as, but not
limited to:
(A) Preventing or removing water from contact with toxic producing
deposits;
(B) Treating drainage to reduce toxic content which adversely affects
downstream water upon being released to watercourses;
(C) Casing, sealing, or otherwise managing boreholes, shafts, and wells to
keep acid or other toxic drainage from entering groundwaters and surface waters;
and
(II) Conducting surface activities incident to underground coal mining so as
to prevent, to the extent possible using the best technology currently available,
additional contributions of suspended solids to streamflow or runoff outside the
permit area (but in no event shall such contributions be in excess of requirements
set by applicable state or federal law), and avoiding channel deepening or
enlargement in operations requiring the discharge of water from mines;
(j) With respect to other surface impacts not specified in this subsection (2),
including the construction of new roads or the improvement or use of existing roads
to gain access to the site of such activities and for haulage, repair areas, storage
areas, processing areas, shipping areas, and other areas upon which are sited
structures, facilities, or other property or materials on the surface, resulting from or
incident to such activities, operate in accordance with the standards established
under section 34-33-120 for such effects which result from surface coal mining
operations; except that the board or office shall make modifications in the
requirements imposed by this paragraph (j) as are necessary to accommodate the
distinct difference between surface and underground coal mining;
(k) To the extent possible using the best technology currently available,
minimize disturbances and adverse impacts of the operation on fish, wildlife, and
related environmental values and achieve enhancement of resources where
practicable;
(l) Locate openings for all new drift mines working acid-producing or iron-producing coal seams in such a manner as to prevent a gravity discharge of water
from the mine.
(3) In order to protect the stability of the affected land, the office, after
consultation with the operator and the office of active and inactive mines, shall
order an immediate cessation of those portions of underground coal mining
activities which are found in violation of section 34-24-109 or 34-48-102 or which
are adjacent to permanent streams if the office finds an imminent danger to the
inhabitants of urbanized areas, cities, towns, and communities.
(4) The provisions of this article relating to permits, bonds, inspections and
enforcement, public review, and administrative and judicial review shall be
applicable to surface activities and impacts incident to underground coal mining
with modifications to the permit application requirements, permit approval or denial
procedures, and bond requirements as are necessary to accommodate the distinct
difference between surface and underground coal mining.