Current through Register Vol. 6, March 22, 2024
(1) Underground
mining operations must be planned and conducted to prevent or minimize
subsidence and subsidence-related material damage to the surface to the extent
technologically and economically feasible, to maintain the value and reasonably
foreseeable use of surface lands, and to prevent contamination, diminution, and
interruption of domestic water supplies. This may be accomplished by leaving
adequate coal in place, backfilling, or other measures to support the surface,
or by conducting underground mining in a manner that provides for planned and
controlled subsidence.
(2) If the
operator utilizes planned and controlled subsidence in the mining operation,
all necessary measures must be taken to prevent material damage to
non-commercial buildings and occupied residential dwellings and all structures
related thereto. Such measures are not required if the operator has the written
consent of the owners of such structures.
(3) Nothing herein prohibits the standard
method of room and pillar mining.
(4) A person engaged in underground mining
operations shall comply with all provisions of the subsidence control plan
prepared pursuant to ARM
17.24.901 and approved by the
department.
(5) A mining schedule
must be distributed by mail to all owners of property and residents within the
area above the underground workings and adjacent areas. The operator shall
notify each such person by mail at least 6 months prior to mining beneath his
or her property or residence. The notification must contain, at a minimum:
(a) identification of specific areas in which
mining will take place;
(b) dates
of mining activities that could cause subsidence and affect specific
structures; and
(c) measures to be
taken to prevent or control adverse surface effects.
(6) Upon request to the department by a
resident or owner of a structure within the affected area, the operator shall
promptly conduct a premining survey of the dwelling or structure as follows:
(a) Any survey requested more than 30 days
before the planned initiation of said operations must be completed by the
operator before the initiation of the operations.
(b) The survey must determine the condition
of the dwelling or structure and document any premining damage. It should
identify any physical features which could reasonably be affected by subsidence
caused by mining. Special attention must be given to the premining condition of
wells and other water systems used for human, animal, or agricultural purposes
and to the quantity and quality of that water. Assessment of such features as
pipes, cables, transmission lines, wells, or other water systems must be
limited to the surface condition and relatively available data.
(c) If a structure is renovated or added to
subsequent to a premining survey, then upon request to the department a survey
of such additions or renovations must be performed.
(d) A written report of the survey must be
prepared and signed by the person conducting the survey. Copies of the report
must be provided to the person requesting the report and to the department. If
the person requesting the survey disagrees with the results of the survey, he
or she may notify, in writing, both the operator and the department of the
specific areas of disagreement.
(7) An operator who conducts underground
mining which results in subsidence that causes material damage or reduces the
value or reasonably foreseeable use of the surface lands shall, in accordance
with 82-4-243, MCA, and with respect to
each surface area affected by subsidence:
(a)
restore, rehabilitate, or remove and replace each damaged structure, feature or
value promptly after the damage is suffered to the condition it would have been
in if no subsidence had occurred and restore the land to a condition capable of
supporting the reasonably foreseeable uses it was capable of supporting before
subsidence; or
(b) purchase the
damaged structure or feature for its fair market, presubsidence value, and,
after subsidence occurs, to the extent technologically and economically
feasible, promptly restore the land surface to a condition capable of and
suitable for supporting the purchased structure and other foreseeable uses it
was capable of supporting before mining. Nothing in this section grants or
authorizes an exercise of the power of condemnation or the right of eminent
domain by any person engaged in underground mining operations; or
(c) compensate the owner of any surface
structure in the full amount of the diminution in value resulting from
subsidence, by purchasing, prior to mining, a noncancellable, premium-prepaid
insurance policy or other means approved by the department, thereby assuring
before mining begins that payment will occur; indemnify every person with an
interest in the surface for all damages suffered as a result of the subsidence;
and, to the extent technologically and economically feasible, fully restore the
land to a condition capable of maintaining reasonably foreseeable uses which it
could support before subsidence.
(8) If damage to any non-commercial building
or occupied residential dwelling or structure related thereto occurs as a
result of earth movement within an area determined by projecting a specified
angle of draw from the outermost boundary of any underground mine workings to
the surface of the land, a rebuttable presumption of causation of the damage by
subsidence exists. The presumption applies to a 30-degree angle of draw.
(a) An operator or permit applicant may
request that the presumption apply to an angle of draw different from 30
degrees. The department may approve application of the presumption to a
site-specific angle of draw different from 30 degrees if an operator or
applicant demonstrates and the department determines in writing that the
proposed angle of draw has a more reasonable basis than 30 degrees, based on a
site-specific geotechnical analysis of the potential surface impacts of the
mining operation.
(b) If the
operator or applicant is denied access to the land or property for the purpose
of conducting the presubsidence survey in accordance with ARM
17.24.901(1) (c) (i)
(G), no rebuttable presumption
exists.
(c) The presumption of
causation must be rebutted, if the evidence establishes that:
(i) the damage predated the mining in
question;
(ii) the damage was
proximately caused by some other factor or factors and was not proximately
caused by subsidence; or
(iii) the
damage occurred outside the surface area circumscribed by the angle of
draw.
(d) In any
determination whether damage to protected structures was caused by subsidence
from underground mining, all relevant and available information will be
considered by the department.
(9) Within a schedule approved by the
department, the operator shall submit a detailed plan of the underground
workings. The plan shall include maps and descriptions of significant features
of the underground workings, including the size, configuration, and approximate
location of pillars and entries, extraction ratios, measures taken to prevent
subsidence and related damages, areas of full extraction, and other information
required by the department.
(10) If
subsidence-related damage occurs, additional bond in accordance with ARM
17.24.1104(2) may
be required.
AUTH:
82-4-205,
82-4-231, MCA; IMP:
82-4-227,
82-4-231,
82-4-243,
MCA