PURPOSE: This rule sets forth the general requirements as to subsidence control associated with underground mining pursuant to sections 444.810, 444.860.2(1) and .3., RSMo.

1. (1) General Requirements.

   1. (A) Underground mining activities shall be planned and conducted so as to prevent subsidence from causing material damage to the surface, to the extent technologically and economically feasible and so as to maintain the value and reasonably foreseeable use of surface lands. This may be accomplished by leaving adequate coal in place, backfilling or other measures to support the surface or by conducting underground mining in a manner that provides for planned and controlled subsidence. Nothing in this chapter shall be construed to prohibit the standard method of room and pillar mining.
   2. (B) The person engaged in underground mining activities shall comply with all provisions of the subsidence control plan prepared pursuant to 10 CSR 40-6.120(11) and approved in the permit and plan.
   3. (C) Within a schedule approved by the commission or director, the operator shall submit a detailed plan of the underground workings. The detailed plan shall include maps and descriptions, as appropriate, of significant features of the underground mine, including the size, configuration and approximate location of pillars and entries, extraction ratios, measure taken to prevent or minimize subsidence and related damage, areas of full extraction and other information required by the commission or director.

2. (2) Public Notice. The mining schedule shall be distributed by mail to all owners of property and residents within the area above the underground workings and adjacent areas. Each person shall be notified by mail at least six (6) months prior to mining beneath his/her property or residence. The notification at a minimum, shall contain—

   1. (A) Identification of specific areas in which mining will take place;
   2. (B) Dates of mining activities that could cause subsidence and affect specific structures; and
   3. (C) Measures to be taken to prevent or control adverse surface effects.

3. (3) Surface Owner Protection.

   1. (A) Each person who conducts underground mining activities shall adopt all measures approved in the permit and plan under 10 CSR 40-6.120(11) to reduce the likelihood of subsidence, to prevent subsidence causing material damage or reducing the value or reasonably foreseeable use of surface lands and to mitigate the effect of any such damage or reduction which may occur.

   2. (B) Each person who conducts underground mining which results in subsidence that causes material damage or reduces the value or reasonably foreseeable use of the surface lands, with respect to each surface area affected by subsidence, shall— 10 CSR 40-3

      1. 1. Restore, rehabilitate or remove and

replace each damaged structure, feature or value, promptly after the damage is suffered to the condition it would be in if no subsidence had occurred and restore the land to a condition capable of supporting reasonably foreseeable uses it was capable of supporting before subsidence;

1. 2. Purchase the damaged structure or

feature for its fair market, presubsidence value and shall promptly, after subsidence occurs to the extent technologically and economically feasible, restore the land surface to a condition capable and appropriate of supporting the purchased structure and other foreseeable uses it was capable of supporting before mining. Nothing in this paragraph shall be deemed to grant or authorize an exercise of the power of condemnation or the right of eminent domain by any person engaged in underground mining activities; or

1. 3. Compensate the owner of any surface

structure in the full amount of the diminution in value resulting from subsidence, by purchase prior to mining of a noncancellable, premium prepaid insurance policy or other means approved in the permit and plan as assuring before mining begins that payment will occur, indemnify every person with an interest in the surface for all damages suffered as a result of the subsidence, and to the extent technologically and economically feasible, fully restore the land to a condition capable of maintaining reasonably foreseeable uses which it could support before subsidence.

1. (4) Buffer Zones.

   1. (A) Underground mining activities shall not be conducted beneath or adjacent to any perennial stream or impoundment having a storage volume of twenty (20) acre-feet or more, unless the commission or director, on the basis of detailed subsurface information, determines that subsidence will not cause material damage to streams, water bodies and associated structures. If subsidence causes material damage, then measures will be taken to the extent technologically and economically feasible to correct the damage and to prevent additional subsidence from occurring.
   2. (B) Underground mining activities beneath any aquifer that serves as a significant source of water supply to any public water system shall be conducted so as to avoid disruption of the aquifer and consequent exchange of groundwater between the aquifer and other strata. The permit and plan may prohibit mining in the vicinity of the aquifer or may limit the percentage of coal extraction to protect the aquifer and water supply.
   3. (C) Underground mining activities shall not be conducted beneath or in close proximity to any public buildings, including, but not limited to, churches, schools, hospitals, courthouses and government offices, unless the commission or director, on the basis of detailed subsurface information, determines that subsidence from those activities will not cause material damage to these structures and specifically authorizes the mining activities in the permit and plan.
   4. (D) The commission or director shall suspend underground coal mining under urbanized areas, cities, towns and communities and adjacent to industrial or commercial buildings, major impoundments or permanent streams if imminent danger is found to inhabitants of the urbanized areas, cities, towns or communities.

AUTHORITY: section 444.810, RSMo 1994.* Original rule filed Aug. 8, 1980, effective Dec. 11, 1980. Amended: Filed Sept. 15, 1988, effective Jan. 15, 1989. *Original authority 1979, amended 1983, 1993.