OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: S. Michele Manning

Page 1 of 2

COALEX STATE INQUIRY REPORT - 65

March 19, 1986

Mr. Benny Wampler

Assistant Director for Mines

Dept. of Mines, Minerals & Energy

P.O. Drawer 900

Big Stone Gap, Virginia 24219

TOPIC: SUBSIDENCE REGULATION--EXTRACTION PERCENTAGES

INQUIRY: Do any states require that a certain percentage of the available coal be left under 

land capable of supporting renewable resources or land on which there are structures?

SEARCH RESULTS: A COALEX search revealed that many states' regulatory language is 

similar to that found in the federal regulations. 30 CFR Sec. 817.121(d) prohibits underground 

mining activities beneath or adjacent to certain features or facilities unless the operator's 

subsidence control plan demonstrates that subsidence will not cause material damage to, or 

reduce the reasonably foreseeable use of, such features or facilities. The federal regulations 

further provide that the regulatory authority may limit the percentage of coal extracted if 

necessary to minimize the potential for material damage to these features or facilities.

Pennsylvania's regulations require that underground mining activities be planned and conducted 

in a manner which prevents subsidence damage to public buildings, dwellings, municipal utilities 

and service operations, cemeteries, and certain perennial streams, impoundments, and aquifers. 

For each structure or feature to be protected, the operator is required to provide a support area in 

which the amount of extraction is limited to fifty percent. No mining is permitted beneath a 

structure where the depth of overburden is less than 100 feet. Alternative measures may be 

adopted if it is demonstrated that they will prevent subsidence damage. (12 Pa. Admin. Bull. No. 

31, Sec. 89.143 (1982))

West Virginia's regulations place no specific limitations on the percentage of coal which may be 

extracted; however, the regulatory authority may limit the percent of extraction underneath or 

adjacent to certain features or facilities if necessary to minimize the potential for damage. 

Operators are also required to purchase noncancelable premium prepaid insurance, or make other 

provisions to assure that every person with an interest in the surface will be indemnified for any 

subsidence damage. (W. Va. Surface Mining Regs., Sec. 7C (1984))

Kentucky's regulations prohibit underground mining activities beneath or adjacent to any 

perennial stream or impoundment having a storage volume of twenty acre-feet or more, or 

beneath or adjacent to any public buildings, unless the regulatory authority determines that 

subsidence will not cause material damage. If mining is to be conducted beneath or adjacent to 

any structures or renewable resource lands, measures must be taken to prevent material damage 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: S. Michele Manning

Page 2 of 2

or lessening of the value or reasonable foreseeable use of the surface. (405 KAR 8:040(26), 

18:210 (1983)). While no specific limit is placed on extraction by the regulations, Mr. Bob 

Nickel, Director, Division of Permits, Kentucky Natural Resources and Environmental 

Protection Cabinet, noted that fifty percent extraction is the normal amount used by the Cabinet 

to protect the surface. Factors which Mr. Nickel cited as being important to the determination 

include geology and the history of past subsidence in the area. Exceptions may be granted, 

depending on these factors. However, absent a specific agreement from the landowner, fifty 

percent is the normal amount to be left in place.

Other information concerning subsidence can be found in COALEX STATE INQUIRY 

REPORT - 25.

ATTACHMENTS

A. 12 Pa. Admin. Bull. No. 31, Sec. 89.143 (1982).

B. W. Va. Surface Mining Regs., Sec. 7C (1984).

C. 405 Ky. Admin. Regs., Secs. 8:040(62), 18:210 (1983).

D. COALEX STATE INQUIRY REPORT - 25, "Planned Subsidence".