OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

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COALEX STATE COMPARISON REPORT - 302

October 1994

Steven M. Potter 

Bureau of Resource Management & Development

Division of Mineral Resources

Department of Environmental Conservation

50 Wolf Road

Albany, New York 12233

TOPIC: SURFACE EFFECTS OF UNDERGROUND NON-COAL MINE

INQUIRY: Please conduct a survey to identify those states that regulate the surface 

effects of underground non-coal mines operations, i.e., subsidence and hydrologic 

balance. New York State is particularly interested in this information in light of the 

flooding that occurred in Akzo Nobel's salt mine and the resulting subsidence and caveins.

SEARCH RESULTS: Research was conducted using LEXIS and NEXIS. Using your 

Memorandum and Survey as a basis, statutes and regulations from eleven states were 

searched. The sections listed here and attached provide definitions and regulations of 

particular interest. Also included for background are your Memorandum, two newspaper 

articles on the mine flooding and a Sixth Circuit case addressing enforcement actions 

relating to a flooded Ohio coal mine.

BACKGROUND MATERIAL

MEMORANDUM from Steve Potter to Bruce McGranahan, "Survey on States 

Regulating Underground Activities" (1994).

"[M]ost states do not actively regulate underground non-coal mining. Those that do only 

regulate subsidence, health and safety issues and reclamation of surface lands affected 

by the underground activity and closure of shafts."

This Memorandum and the accompanying table were used as a basis for the research 

conducted for this Report.

"Salt Mine Cave-In Brings Pollution and Jobs Debate", The New York Times (April 

11, 1994). "Salt mine's collapse shakes Genesee Valley; Economics vs. 

environment throws area into turmoil", The Dallas Morning News (July 26, 1994).
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

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These articles provide details on the mine flooding and cave-in. 

SOUTHERN OHIO COAL CO. v OFFICE OF SURFACE MINING, 20 F 3d 1418 (6th 

Cir 1994).

Opinion: "In this appeal, we address two similar issues involving the jurisdiction of the 

District Court over the United States Environmental Protection Agency ('USEPA') and 

the Office of Surface Mining, Reclamation and Enforcement of the Department of the 

Interior ('OSM'). Both agencies took or threatened to take enforcement actions related 

to the flooding of an Ohio coal mine that were at odds with decisions of their respective 

state counterpart agencies, the Ohio Environmental Protection Agency ('OEPA') and the 

Ohio Division of reclamation ('ODR'). The court enjoined the federal agencies from 

acting 'to effect the cessation of pumping at [the mine] unless their respective parallel 

approved state agencies fail to act vigorously, expeditiously, and in accordance with the 

law. Because we find that the court lacked jurisdiction to enjoin USEPA and OSM in this 

manner, we reverse the judgment of the District Court."

STATE STATUTES AND REGULATIONS

ALASKA

1. Alaska Statute Sec. 27.20.061 (1994). Definitions. 

"Mining operation" includes all parts of a mine, treatment plant or equipment 

connected with surface or underground mining "which contributes or may 

contribute to the mining or treatment of ore or other metalliferous or 

nonmetalliferous mineral product".

COLORADO

1. C.R.S. 24-65.1-103 (1994). [State Planning] Definitions pertaining to natural 

hazards. 

"(10) 'Ground subsidence' means a process characterized by the downward 

displacement of surface material caused by natural phenomena such as removal 

of underground fluids, natural consolidation, or dissolution of underground 

minerals or by man-made phenomena such as underground mining."

2. C.R.S. 34-20-102 (1994). [Mineral Resources] Definitions.

"(9)(a) 'Mine' means:

"(I) Any area of land from which minerals are extracted in nonliquid form or are 

extracted in a liquid form while workers are underground;

...

"(b) 'Mine' does not include the facilities defined in section 12-23-101 (3.5), 

C.R.S., nor does it include earthen dams, sand and gravel pits, clay pits, or rock 

and stone quarries, including surface limestone and dolomite quarries." 

3. Also included are: 

a. C.R.S. 34-20-101 (1994). [Mineral Resources] Legislative declaration. 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

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b. C.R.S. 34-24-102 (1994). [Mineral Resources] Coal or other mine maps. 

c. C.R.S. 34-50-105 (1994). [Mineral Resources] Action to recover -

inspection.

ILLINOIS

A number of sections from the Fluorspar and Underground Limestone Mines Act are 

attached: 

1. 225 ILCS 710/# (1994) [Prior to 1/1/93 cited as: Ill. Rev. Stat., Ch. 96 1/2 para. #] 

a. 710/9.01 Duty to visit [Old site: para. 4215] 

b. 710/10 Dangerous conditions; notice, remedial action [Old site: para. 

4217] 

c. 710/11 Refusal to allow inspection [Old site: para. 4218] 

d. 710/22 [Provision of maps] [Old site: para. 4229] 

e. 710/23 Failure to make maps [Old site: para. 4230] 

f. 710/37 Required mine outlets [Old site: para. 4245] 

g. 710/38 [One outlet required] [Old site: para. 4246] 

h. 710/39 Combustible structures over shaft prohibited [Old site: para. 4247] 

i. 710/40 Outlet by ladder required [Old site: para. 4248] 

j. 710/43 Roof inspections [Old site: para. 4251] 

k. 710/45.30 [Advancing a drift, adit level, or incline] [Old site: para. 4283] 

l. 710/45.31 [Additional raises, drifts or other workings] [Old site: para. 4284] 

m. 710/48 Violations; penalties [Old site: para. 4328] 

n. 710/49 [Effective date] [Old site: para. 4329] 

o. 710/50 [Administration] [Old site: para. 4330]

KENTUCKY

1. KRS Ann. Sec. 351.010 (Baldwin) (1994). [Mines and Minerals] Definitions.

"(j) 'Mine" means any open pit or any underground workings from which coal or 

clay is produced for sale, exchange or commercial use...." 

2. Also see these underground mining regulations: 

a. KRS Ann. Sec. 352.080 (Baldwin) (1994). [Mines and Minerals] New or 

additional openings; map to be filed. 

b. KRS Ann. Sec. 352.110 (Baldwin) (1994). [Mines and Minerals] Mines to 

have two openings; exception. 

c. KRS Ann. Sec. 352.201 (Baldwin) (1994). [Mines and Minerals] Roof 

control plan. 

d. KRS Ann. Sec. 352.450 (Baldwin) (1994). [Mines and Minerals] Map of 

mine to be filed annually; additional maps. 

e. KRS Ann. Sec. 352.480 (Baldwin) (1994). [Mines and Minerals] Duplicate 

maps; survey of abandoned or closed mine. 

f. KRS Ann. Sec. 352.490 (Baldwin) (1994). [Mines and Minerals] Mine not 

to extend within 25 feet of property line; liability for damages. 
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g. KRS Ann. Sec. 350.240 (Baldwin) (1994). [Mines and Minerals] Clay 

mining regulations. 

h. KRS Ann. Sec. 351.170 (Baldwin) (1994). [Mines and Minerals] Reports of 

owner, lessee or superintendent. 

i. KRS Ann. Sec. 352.620 (Baldwin) (1994). [Mines and Minerals] Provisions 

concerning coal mining applicable to clay mines and clay mining. 

j. KRS Ann. Sec. 354.020 (Baldwin) (1994). [Mines and Minerals] 

Administration of KRS 354.010 to 354.470 repealed. 

NEW MEXICO

1. N.M. Stat. Ann. Sec. 69-4-1 (1994). [Mines; Mining Regulation Law; Definitions]

Mine. "For the purpose of this act the term "mine" except where qualified in 

various sections of this act shall include all surface and underground operations 

to win coal, metals and other mineral substances from their deposits (exclusive of 

natural gas or petroleum), all tunnel operations, all caisson operations, all mills, 

ore houses and treatment plants, all quarries, pits, open-cut workings, strippings, 

placer mines, sand, gravel and similar banks." 

2. Also included are: 

a. N.M. Stat. Ann. Sec. 69-26-1 (1994). [Mines; Mines other than coal -

Registration and statistical information] Annual registration. 

b. N.M. Stat. Ann. Sec. 69-26-2 (1994). [Mines; Mines other than coal -

Registration and statistical information] Production information. 

c. N.M. Stat. Ann. Sec. 69-26-3 (1994). [Mines; Mines other than coal -

Registration and statistical information] Request for information. 

d. N.M. Stat. Ann. Sec. 69-30-1 (1994). [Mines; Underground haulage for 

mines other than coal] 

e. N.M. Stat. Ann. Sec. 69-35-1 (1994). [Mines; General regulatory 

provisions in mines other than coal] 

f. N.M. Stat. Ann. Sec. 72-12A-3 (1994). [Water law; Mine dewatering] 

Definitions. 

g. N.M. Stat. Ann. Sec. 72-12A-6 (1994). [Water law; Mine dewatering] Mine 

dewatering prohibited. 

h. N.M. Stat. Ann. Sec. 72-12A-7 (1994). [Water law; Mine dewatering] 

Application for permit.

OHIO

1. ORC Ann. Sec. 4151.01 (Baldwin) (1994). [Administration of mining laws] 

Definitions.

"(A) 'Mine" means an underground or surface excavation or development with or 

without shafts, slopes, drifts, or tunnels for the extraction of coal, gypsum, 

asphalt, rock, or other materials containing the same, or for the extraction of 

natural gas or petroleum by means that are substantially similar to the 

underground extraction of coal, gypsum, asphalt, rock, or other materials 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

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containing the same, with hoisting or haulage equipment and appliances for the 

extraction of such materials; and embraces the land or property of the mining 

plant, the surface, and underground, that is used for or contributes to the mining 

properties, or concentration of handling of coal, gypsum, asphalt, rock or other 

materials containing the same or of natural gas or petroleum." 

2. Also included are: 

a. ORC Ann. Sec. 3929.50 (Baldwin) (1994). [Mine subsidence insurance] 

Definitions. 

b. ORC Ann. Sec. 4153.03 (Baldwin) (1994). [Mines - Construction] Map of a 

new mine. 

c. ORC Ann. Sec. 4153.04 (Baldwin) (1994). [Mines - Construction] Survey 

and map. 

d. ORC Ann. Sec. 4153.11 (Baldwin) (1994). [Mines - Construction] Mining 

near highways. 

e. ORC Ann. Sec. 4153.111 (Baldwin) (1994). [Mines - Construction] Mining 

near oil or gas well. 

f. ORC Ann. Sec. 4153.12 (Baldwin) (1994). [Mines - Construction] 

Construction regulations to be observed in opening mine. 

g. ORC Ann. Sec. 4153.14 (Baldwin) (1994). [Mines - Construction] 

Openings required. 

h. ORC Ann. Sec. 4153.15 (Baldwin) (1994). [Mines - Construction] 

Additional opening for protection against inundation. 

i. ORC Ann. Sec. 4153.33 (Baldwin) (1994). [Mines - Construction] Roof 

control program.> 

j. ORC Ann. Sec. 4153.34 (Baldwin) (1994). [Mines - Construction] Contents 

of program and plan. 

k. ORC Ann. Sec. 4153.35 (Baldwin) (1994). [Mines - Construction] Approval 

of plans. 

l. ORC Ann. Sec. 4153.36 (Baldwin) (1994). [Mines - Construction] Mining 

methods.

PENNSYLVANIA

1. 52 P.S. Sec. 3303 (1994). [Noncoal Surface Mining Conservation and 

Reclamation Act] Definitions.

"'MINERALS.' Any aggregate or mass of mineral matter, whether or not coherent, 

that is extracted by surface mining. The term includes, but is not limited to, 

limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron 

ore, zinc ore, vermiculite and clay; but is does not include anthracite or 

bituminous coal or coal refuse, except as provided in section 4, or peat." 

2. Also included are: 

a. 52 P.S. Sec. 3309 (1994). [Noncoal Surface Mining Conservation and 

Reclamation Act] Bonding. 

b. 52 P.S. Sec. 3311 (1994). [Noncoal Surface Mining Conservation and 

Reclamation Act] Rulemaking.
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TEXAS

1. Two sections of the Uranium Surface Mining and Reclamation Act are attached: 

a. Tex. Nat. Res. Code Sec. 131.004 (1994). [Uranium Surface Mining and 

Reclamation Act] Definitions. 

b. Tex. Nat. Res. Code Sec. 131.102 (1994). [Uranium Surface Mining and 

Reclamation Act] Reclamation standards.

UTAH

1. Utah Code Ann. Sec. 40-8-4 (1994). [Mined land reclamation] Definitions.

"(3)(a) 'Deposit" or 'mineral deposit' means an accumulation of mineral matter in 

the form of consolidated rock, unconsolidated material, solutions, or otherwise 

occurring on the surface, beneath the surface, or in the waters of the land from 

which any product useful to man may be produced, extracted, or obtained or 

which is extracted by underground mining methods for underground storage. 

"(b) 'Deposit" or 'mineral deposit' excludes sand, gravel, rock aggregate, water, 

geothermal steam, and oil and gas as defined in Title 40, Chapter 6, but includes 

oil shale and bituminous sands extracted by mining operations." 

2. Also included are: 

a. Utah Code Ann. Sec. 40-8-2 (1994). [Mined land reclamation] Legislative 

findings. 

b. Utah Code Ann. Sec. 40-8-3 (1994). [Mined land reclamation] Purpose. 

c. Utah Code Ann. Sec. 40-8-5 (1994). [Mined land reclamation] 

Coordination of procedures. 

d. Utah Code Ann. Sec. 40-8-12 (1994). [Mined land reclamation] Objectives. 

e. Utah Code Ann. Sec. 40-8-13 (1994). [Mined land reclamation] Notice of 

intention required prior to mining operations. 

f. Utah Code Ann. Sec. 40-8-20 (1994). [Mined land reclamation] 

Applicability. 

g. Utah Code Ann. Sec. 40-8-22 (1994). [Mined land reclamation] Division 

cooperation.

VIRGINIA

1. Va. Code Ann. Sec. 45.1-180 (1994). [Mines and mining; Permits for certain 

mining operations; Reclamation of land; General provisions] Definitions.

"(l) Mineral. -- Ore, rock, and any other solid homogeneous crystalline chemical 

element or compound that results from the inorganic processes of nature other 

than coal." 

2. Also see: 

a. Va. Code Ann. Sec. 45.1-180.2 (1994). [Mines and mining; Permits for 

certain mining operations; Reclamation of land; General provisions] 

Legislative findings; declaration of policy.
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WYOMING

1. Wyo. Stat. Sec. 35-11-103 (1994). [Public health and safety; Environmental 

quality; General provisions] Definitions. 

"(e) Specific definitions for land quality:

...

"(ii) 'Minerals' means coal, clay, stone, sand, gravel, bentonite, scoria, rock, 

pumice, limestone, ballast rock, uranium, gypsum, feldspar, copper ore, iron ore, 

oil shale, trona, and any other material removed from the earth for reuse or 

further processing". 

ATTACHMENTS

A. Memorandum from Steven M. Potter summarizing Underground Non-Coal 

Regulation From Other States (May 17, 1994). 

B. "Salt Mine Cave-In Brings Pollution and Jobs Debate", The New York Times 

(April 11, 1994). 

C. "Salt mine's collapse shakes Genesee Valley; Economics vs. environment throws 

area into turmoil", The Dallas Morning News (July 26, 1994). 

D. Southern Ohio Coal Co. v Office of Surface Mining, 20 F 3d 1418 (6th Cir 1994). 

E. Alaska Statutes/Regulations: 

F. Colorado Statutes/Regulations: 

G. Illinois Statutes/Regulations: 

H. Kentucky Statutes/Regulations: 

I. New Mexico Statutes/Regulations: 

J. Ohio Statutes/Regulations: 

K. Pennsylvania Statutes/Regulations: 

L. Texas Statutes/Regulations: 

M. Utah Statutes/Regulations: 

N. Virginia Statutes/Regulations: 

O. Wyoming Statutes/Regulations: