Permanent Regulatory Program; Underground Mining Permit Application Requirements; Underground Mining Performance Standards

The Office of Surface Mining Reclamation and Enforcement (OSM) of the U.S. Department of the Interior (DOI) is amending the regulations applicable to underground coal mining and control of subsidence-caused damage to lands and structures and certain water supplies, through the adoption of permitting requirements, performance standards, and implementation procedures. The regulations will require all underground coal mining operations conducted after October 24, 1992, to promptly repair or compensate for material damage to non- commercial buildings and occupied residential dwellings and related structures as a result of subsidence due to underground coal mining operations, and to replace drinking, domestic, and residential water supplies which have been adversely affected by underground coal mining operations. The rule will require repair of damage to include rehabilitation, restoration, or replacement of the identified structures, or compensation to the owners in the full amount of the diminution in value resulting from the subsidence. A pre-subsidence survey will be required to document the condition of non-commercial buildings and occupied residential dwellings and related structures subject to subsidence-related damage caused by underground mining activities. The survey will also be required to document the quantity and quality of all drinking and domestic water supplies that could be contaminated, diminished, or interrupted by subsidence. In addition, a permittee will be required to provide, when necessary, an additional performance bond to cover subsidence-related damage that has occurred to protected structures or water supplies. Within 120 days from the publication of the rule, OSM will, in consultation with the State Regulatory authority, determine for each State with an approved State regulatory program, the enforcement procedures to ensure prompt compliance with section 720(a) of the Surface Mining Control and Reclamation Act (SMCRA) and the implementing re