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 RESULT: 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. 

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   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
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".


Search conducted by:  S. Michele Manning