Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:210 - Subsidence control

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.028,
				350.151,
				350.465,
				30 C.F.R. Parts 730-733, 735,
				784.20(a)(3),
				817.121
				-.122, 917,
				30 U.S.C. 1253,
				1255,
				1266,
				1309a
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 350.028(1),
				(5),
				350.151(1),
				and
				350.465(2)
				authorize the cabinet to promulgate administrative regulations relating to
				surface and underground coal mining operations. This administrative regulation
				establishes requirements for prevention or control of subsidence and for
				correction of subsidence damage to surface lands and structures. This
				administrative regulation differs from
				30
				CFR 817.121 -.122. Section 3(2) of this
				administrative regulation, regarding repair or compensation for subsidence
				damage to noncommercial buildings and occupied residential dwellings and
				related structures existing at the time of mining, is not limited to damage
				resulting from underground mining activities conducted after October 24, 1992,
				the effective date of
				30
				USC 1309a as created by
				PL
				102-486, the Energy Policy Act of 1992. The
				federal counterpart regulation at
				30
				CFR 817.121(c)(2) is so
				limited. Section 3(2) of this administrative regulation is not limited to
				subsidence damage resulting from underground mining activities conducted after
				October 24, 1992 because that would retroactively remove protection currently
				existing under this administrative regulation and applicable state law. Section
				3(5)(c) of this administrative regulation allows the additional performance
				bond amount for subsidence damage to be released or returned promptly after the
				cabinet determines the permittee has satisfactorily completed the required
				repair or compensation for subsidence damage. The federal counterpart at
				30
				CFR 817.121(c)(5) does not
				include any provision for prompt release of the additional performance bond
				amount after the subsidence damage is corrected. The purpose of the additional
				bond is to guarantee that the cabinet will have the money to repair or
				compensate if the permittee fails to do so. Since the repair or compensation
				guaranteed by the additional bond amount must be satisfactorily completed
				before any release or return of the bond can take place, the purpose of the
				bond will have been fulfilled and thus the cabinet believes the prompt release
				or return is not inconsistent with the federal regulations. Section 5(1) of
				this administrative regulation, regarding permittee submission of an annual
				plan of underground workings, does not provide for confidentiality of the
				annual plan. The federal counterpart at
				30
				CFR 817.121(g) provides that
				information submitted with the plan may be held as confidential in accordance
				with
				30 CFR
				773.13(d) if requested by
				the permittee. The cabinet's counterpart to
				30 CFR
				773.13(d) is
				405 KAR
				8:010, Section 12. The cabinet believes it is unlikely
				that any information submitted in the annual plan of underground workings will
				qualify for confidentiality under
				405 KAR
				8:010, Section 12, and that it would be misleading to
				mention confidentiality in connection with the plan, thereby creating the false
				impression that the plan generally would be held confidential on
				request.
Section 1. General
			 Requirements.
(1)
(a) The permittee shall adopt:
1. Measures consistent with known technology
			 that:
a. Prevent subsidence from causing
			 material damage to the extent technologically and economically
			 feasible;
b. Maximize mine
			 stability; and
c. Maintain the
			 value and reasonably foreseeable use of surface land; or