Current through Register Vol. 41, No. 3, September 23, 2024
(a) Measures to
prevent or minimize damage.
(1) The permittee
shall either adopt measures consistent with known technology which prevent
subsidence from causing material damage to the extent technologically and
economically feasible, maximize mine stability, and maintain the value and
reasonably foreseeable use of surface lands; or adopt mining technology which
provides for planned subsidence in a predictable and controlled manner. Nothing
in this part shall be construed to prohibit the standard method of
room-and-pillar mining.
(2) If a
permittee employs mining technology that provides for planned subsidence in a
predictable and controlled manner, the permittee must take necessary and
prudent measures, consistent with the mining method employed, to minimize
material damage to the extent technologically and economically feasible to
noncommercial buildings and occupied residential dwellings and structures
related thereto except that measures required to minimize material damage to
such structures are not required if:
(i) The
permittee has the written consent of the structure owners;
(ii) Unless the anticipated damage would
constitute a threat to health or safety, the costs of such measures exceed the
anticipated costs of repair; or
(iii) The structure owners have denied the
permittee access to implement the measures specified in subdivision (a) (2) of
this section and the permittee has provided written evidence of his good faith
efforts to obtain access. The good faith effort shall include documentation
apprising the structure owners that such measures are intended to lessen the
potential for property damages or personal injury and that denial of access
will not prevent mining.
(b) The permittee shall comply with all
provisions of the approved subsidence control plan prepared pursuant to
4VAC25-130-784.20.
(c) Repair of
damage.
(1) Repair of damage to surface
lands. The permittee must correct any material damage resulting from subsidence
caused to surface lands, to the extent technologically and economically
feasible, by restoring the land to a condition capable of maintaining the value
and reasonably foreseeable uses that it was capable of supporting before
subsidence damage.
(2) Repair or
compensation for damage to noncommercial buildings and dwellings and related
structures. The permittee must promptly repair, or compensate the owner for,
material damage resulting from subsidence caused to any noncommercial building
or occupied residential dwelling or structure related thereto that existed at
the time of mining. If repair option is selected, the permittee must fully
rehabilitate, restore, or replace the damaged structure. If compensation is
selected, the permittee must compensate the owner of the damaged structure for
the full amount of the decrease in value resulting from the subsidence related
damage. The permittee may provide compensation by the purchase, before mining,
of a noncancelable premium-prepaid insurance policy. The requirements of this
subdivision apply only to subsidence related damage caused by underground
mining activities conducted after October 24, 1992.
(3) Repair or compensation for damage to
other structures. The permittee must, to the extent required under applicable
provisions of state law, either correct material damage resulting from
subsidence caused to any structures or facilities not protected by subdivision
(c) (2) of this section by repairing the damage or compensate the owner of the
structures or facilities for the full amount of the decrease in value resulting
from the subsidence. Repair of damage includes rehabilitation, restoration, or
replacement of damaged structures or facilities. Compensation may be
accomplished by the purchase before mining of a noncancelable premium-prepaid
insurance policy.
(4) Information
to be considered in determination of causation. In a determination whether
damage to protected structures was caused by subsidence from underground
mining, all relevant and reasonably available information will be considered by
the division.
(5) Adjustment of
bond amount for subsidence damage. When subsidence related material damage to
land, structures, or facilities protected under subdivisions (c) (1) through
(c) (3) of this section occurs, or when contamination, diminution, or
interruption to a water supply protected under 4VAC25-130-817.41 (j) occurs,
the permittee shall provide additional performance bond in the amount of the
estimated cost of the repairs if the permittee will be repairing, or in the
amount of the decrease in value if the permittee will be compensating the
owner, or in the amount of the estimated cost to replace the protected water
supply if the permittee will be replacing the water supply, until the repair,
compensation, or replacement is completed. If repair, compensation or
replacement is completed within 90 days of the occurrence of damage or if the
permittee demonstrates that the liability insurance required under
4VAC25-130-800.60 provides applicable to exceed one year, if the permittee
demonstrates and the division finds in writing that subsidence is not complete,
that not all probable subsidence related material damage has occurred to lands
or protected structures, or that not all reasonably anticipated changes have
occurred affecting the protected water supply, and that, therefore, it would be
unreasonable to complete within 90 days the repair of the subsidence related
material damage to lands or protected structures, or the replacement of
protected water supply.
(d) Underground mining activities shall not
be conducted beneath or adjacent to:
(1)
Public buildings and facilities;
(2) Churches, schools, and hospitals;
or
(3) Impoundments with a storage
capacity of 20 acre-feet or more or bodies of water with a volume of 20
acre-feet or more, unless the subsidence control plan demonstrates that
subsidence will not cause material damage to, or reduce the reasonably
foreseeable use of, such features or facilities. If the division determines
that it is necessary in order to minimize the potential for material damage to
the features or facilities described above or to any aquifer or body of water
that serves as a significant water source for any public water supply system,
it may limit the percentage of coal extracted under or adjacent
thereto.
(e) If
subsidence causes material damage to any of the features or facilities covered
by subsection (d) of this section, the division may suspend mining under or
adjacent to such features or facilities until the subsidence control plan is
modified to ensure prevention of further material damage to such features or
facilities.
(f) The division shall
suspend underground mining activities under urbanized areas, cities, towns, and
communities, and adjacent to industrial or commercial buildings, major
impoundments, or perennial streams, if imminent danger is found to inhabitants
of the urbanized areas, cities, towns, or communities.
(g) Within a schedule approved by the
division, the permittee shall submit a detailed plan of the underground
workings. The detailed plan shall include maps and descriptions, as
appropriate, of significant features of the underground mine, including the
size, configuration, and approximate location of pillars and entries,
extraction ratios, measures taken to prevent or minimize subsidence and related
damage, areas of full extraction, and other information required by the
division. Upon request of the permittee, information submitted with the
detailed plan may be held as confidential, in accordance with the requirements
of 4VAC25-130-773.13 (d).
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
Virginia.
