Current through Vol. 42, No. 1, September 16, 2024
(a)
Presubsidence survey. Each application must include:
(1) A map of the permit 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 value or reasonably foreseeable
use may be diminished by subsidence, and showing the location 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.
(3) A
survey of the condition of all non-commercial buildings or occupied residential
dwellings and structures related thereto, that may be materially damaged or for
which the reasonably foreseeable use may be diminished by the subsidence,
except for areas where there is no planned subsidence. Also, each application
must include a survey of the quantity and quality of all drinking, domestic,
and residential water, supplies within the permit area and adjacent area that
could be contaminated, diminished, or interrupted by subsidence. If the
applicant cannot make this survey because the owner will not allow access to
the site, the applicant will notify the owner, in writing, of the effect the
denial of access will have as described in
460:20-45-47(c)(4)
of this Chapter. The applicant must pay for any technical assessment or
engineering evaluation to determine the premining condition or value of such
non-commercial buildings or occupied residential dwellings or structures
related thereto and the quantity and quality of the drinking, domestic, or
residential water supplies. The applicant must provide copies of the survey and
any technical assessment or engineering evaluation to the property owner and
Department.
(b)
Subsidence control plan. If the survey conducted under paragraph
(a) of this section shows that no structures, or drinking, domestic, or
residential water supplies, or renewable resource lands exist, or that no
material damage or diminution in value or reasonably foreseeable use of such
structures or lands, and no contamination, or interruption of such water
supplies would occur as a result of mine subsidence, and if the Department
agrees with this conclusion, no further information need be provided under this
section. 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 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, that application shall 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, hydraulic mining, or
other extraction methods, including the size, sequence, and timing for the
development of underground workings.
(2) A map of underground workings which
describes the location and extent of areas in which planned-subsidence mining
methods will be used and which includes all areas where the measures described
in (4), (5) and (b)(7) of this Section will be taken to prevent or minimize
subsidence and subsidence related damage; and where appropriate, to correct
subsidence-related material damage.
(3) A description of the physical conditions,
such as depth of cover, seam thickness, and lithology, which affect the
likelihood or extent of subsidence and subsidence- related damage.
(4) A description of 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
460:20-45-47(c)
of this Chapter.
(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, including, 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 by leaving coal in place; and
(D) Taking measures on the surface to prevent
material damage or lessening of the value or reasonably foreseeable use of the
surface.
(6) A
description of the anticipated effects of planned subsidence, if any.
(7) For those areas where planned subsidence
is projected to be used, a description of methods to be employed to minimize
damage from planned subsidence to non-commercial buildings and occupied
residential dwellings and structures related thereto; 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 minimizing damage exceed the anticipated costs
repair.
(8) A description of the
measures to be taken in accordance with
460:20-45-8
and
460:20-45-47(c)
of this Chapter to replace adversely affected protected water supplies or to
mitigate or remedy any subsidence-related material damage to the land and
protected structures; and
(9) Other
information specified by the Department as necessary to demonstrate that the
operation will be conducted in accordance with the performance standards of
Section
460:20-45-47
of this Chapter for subsidence control.
Amended at 12 Ok Reg
117, eff 9-29-94 through 7-14-95 (emergency); Amended at 12 Ok Reg 3592, eff
10-12-95; Amended at 14 Ok Reg 3480, eff 8-11-97; Amended at 21 Ok Reg 2979,
eff 7-26-04; Amended at 23 Ok Reg 3059, eff
7-27-06
