Current through Register Vol. 48, No. 12, March 22, 2024
a)
Pre-subsidence survey. Each application must include:
1) A map of the permit, shadow and adjacent
areas at a scale of 1:12,000, or larger if determined necessary by the
Department, showing the location and type of structures and renewable resource
lands that subsidence may materially damage or for which the value of
reasonably foreseeable use may be diminished by subsidence, and showing the
location, depth and type of drinking, domestic, and residential water supplies
that could be contaminated, diminished, or interrupted by subsidence.
2) A narrative indicating whether subsidence,
if it occurred, could cause material damage to or diminish the value or
reasonably foreseeable use of such structures or renewable resource lands or
could contaminate, diminish, or interrupt drinking, domestic, or residential
water supplies.
b)
Subsidence control plan. No further information needs to be provided under this
Section if the survey conducted under subsection (a) shows that: no structures
or drinking, domestic, or residential water supplies or renewable resource
lands exist; no material damage or diminution in value or reasonably
foreseeable use of such structures or lands would occur; and no contamination,
diminution, or interruption of such water supplies would occur as a result of
mine subsidence; and if the Department agrees with this conclusion. If the
survey shows that structures, renewable resource lands, or water supplies exist
and that subsidence could cause material damage or diminution in value or
reasonably foreseeable use, or contamination, diminution, or interruption of
protected water supplies, or if the Department determines that damage,
diminution in value or foreseeable use, or contamination, diminution, or
interruption could occur, the application must include a subsidence control
plan that contains the following information:
1) A description of the method of coal
removal, such as longwall mining, room-and-pillar removal or hydraulic mining,
including the size, sequence and timing of the development of underground
workings;
2) A map of the
underground workings that describes the location and extent of the areas in
which planned-subsidence mining methods will be used and that identifies all
areas where the measures described in subsections (b)(4), (b)(5) and (b)(8)(A)
will be taken to prevent or minimize subsidence and subsidence-related damage
and, when applicable, to correct subsidence-related material damage;
3) A description of the physical conditions,
such as depth of cover, seam thickness, lithology of overlaying and underlying
strata, and geotechnical stability parameters that affect the likelihood of
subsidence and subsidence related damage or potential underground mining
impacts on ground water supplies;
4) A description of the monitoring, if any,
needed to determine the commencement and degree of subsidence so that, when
appropriate, other measures can be taken to prevent, reduce or correct material
damage in accordance with 62 Ill. Adm. Code
1817.121(c);
5) Except for those areas where planned
subsidence is projected to be used, a detailed description of the subsidence
control measures that will be taken to prevent or minimize subsidence and
subsidence related damage, such as, but not limited to:
A) Backstowing or backfilling of
voids;
B) Leaving support pillars
of coal;
C) Leaving areas in which
no coal is removed, including a description of the overlying area to be
protected by leaving coal in place;
D) Taking measures on the surface to prevent
or minimize material damage or diminution in value of the surface;
and
E) Geotechnical and engineering
analysis of the mining geology and geometry, percent extraction and historic
performance to substantiate a stable subsidence control plan;
6) A description of the
anticipated effects of planned subsidence, if any;
7) For those areas where unplanned subsidence
is projected to be used, a description of procedures to determine the quantity
and quality of drinking, domestic and residential water supplies in accordance
with 62 Ill. Adm. Code
1817.121(a)(2),
if impacts could reasonably be expected to cause material damage. The applicant
may request an exemption from conducting surveys of drinking, domestic and
residential water supplies required at 62 Ill. Adm. Code
1817.121(a)(2)
if it can be demonstrated that material
damage resulting from underground mining is not likely to occur. This
demonstration shall be based on site specific geotechnical information,
stability design and historical performance provided in subsection (b)(3) and
(b)(5);
8) For those areas where
planned subsidence is projected to be used, provide:
A) a description of methods to be employed to
minimize damage from planned subsidence to structures and facilities; or the
written consent of the owner of the structure or facility that minimization
measures not be taken; or, unless the anticipated damage would constitute a
threat to health or safety, a demonstration that the costs of minimizing damage
exceed the anticipated costs of repair;
B) a description of procedures to determine
the condition of structures and facilities and the quantity and quality of
drinking, domestic and residential water supplies in accordance with 62 Ill.
Adm. Code
1817.121(a)(2),
if impacts could reasonably be expected to cause material damage. The applicant
may request an exemption from conducting structure condition surveys and/or
surveys of drinking, domestic and residential water supplies required by 62
Ill. Adm. Code
1817.121(a)(2)
if it can be demonstrated that material
damage resulting from underground mining is not likely to occur. This
demonstration shall be based on site specific geotechnical information,
stability design and historical performance provided under subsections (b)(3)
and (b)(6);
9) A
description of the measures to be taken in accordance with 62 Ill. Adm. Code
1817.41(j)
and
1817.121(c)
to replace adversely affected protected water supplies or to mitigate or remedy
any subsidence related material damage to the land and protected structures. In
conjunction with this requirement, the applicant shall:
A) provide procedures to determine the
existence and degree of material damage or diminution of value or foreseeable
use of the surface, structures and facilities, or water quality and quantity.
The procedures shall also address resolution of disputes between the landowner
and the permittee over the existence, amount, level or degree of damage, such
as third party arbitration; and
B)
provide a plan for determining an appropriate present worth amount and describe
how to resolve disputes between the landowner and the applicant over this
amount, such as third party arbitration;
10) Other information specified by the
Department as necessary to demonstrate that the operation will be conducted in
accordance with 62 Ill. Adm. Code 1817.121.