444.860. Performance standards to be met in underground mining operations--rules and regulations.
Performance standards to be met in underground miningoperations--rules and regulations.
444.860. 1. The commission shall promulgate rules andregulations directed toward the surface effects of undergroundcoal mining operations, embodying the following requirements;provided, however, that in adopting any rules and regulations thecommission shall consider the distinct difference between surfacecoal mining and underground coal mining.
2. Each permit issued relating to underground coal miningshall require the operator to:
(1) Adopt measures consistent with known technology in orderto prevent subsidence causing material damage to the extenttechnologically and economically feasible, maximize minestability, and maintain the value and reasonably foreseeable useof such surface lands, except in those instances where the miningtechnology used requires planned subsidence in a predictable andcontrolled manner; provided, that nothing in this subsectionshall be construed to prohibit the standard method of room andpillar mining;
(2) Seal all portals, entryways, drifts, shafts, or otheropenings between the surface and underground mine working when nolonger needed for the conduct of the mining operations;
(3) Fill or seal exploratory holes no longer necessary formining, maximizing to the extent technologically and economicallyfeasible return of mine and processing waste, tailings, and anyother waste incident to the mining operation, to the mineworkings or excavations;
(4) With respect to surface disposal of mine wastes,tailings, coal processing wastes, and other wastes in areas otherthan the mine workings or excavations, stabilize all waste pilescreated by the permittee from current operations throughconstruction in compacted layers including the use ofincombustible and impervious materials if necessary and assurethat the leachate will not degrade below water quality standardsestablished pursuant to applicable federal and state law surfaceor ground waters and that the final contour of the wasteaccumulation will be compatible with natural surroundings andthat the site is stabilized and revegetated according to theprovisions of this section;
(5) Design, locate, construct, operate, maintain, enlarge,modify, and remove, or abandon all existing and new coal minewaste piles consisting of mine wastes, tailings, coal processingwastes, or other liquid and solid wastes, and used eithertemporarily or permanently as dams or embankments in accordancewith standards and criteria promulgated pursuant to subdivision(13) of subsection 2 of section 444.855;
(6) Establish on regraded areas and all other landsaffected, a diverse and permanent vegetative cover capable ofself-regeneration and plant succession and at least equal inextent of cover to the natural vegetation of the area;
(7) Protect offsite areas from damages which may result fromsuch mining operations;
(8) Eliminate fire hazards and otherwise eliminateconditions which constitute a hazard to health and safety of thepublic;
(9) Minimize the disturbances of the prevailing hydrologicbalance at the minesite and in associated offsite areas and tothe quantity of water in surface ground water systems both duringand after coal mining operations and during reclamation by:
(a) Avoiding acid or other toxic mine drainage by suchmeasures as, but not limited to:
(i) Preventing or removing water from contact with toxicproducing deposits;
(ii) Treating drainage to reduce toxic content whichadversely affects downstream water upon being released towatercourses;
(iii) Casing, sealing, or otherwise managing boreholes,shafts, and wells to keep acid or other toxic drainage fromentering ground and surface waters; and
(b) Conducting surface coal mining operations so as toprevent, to the extent possible using the best technologycurrently available, additional contributions of suspended solidsto streamflow or runoff outside the permit area (but in no eventshall such contributions be in excess of requirements set byapplicable state or federal law), and avoiding channel deepeningor enlargement in operations requiring the discharge of waterfrom mines;
(10) With respect to other surface impacts not specified inthis subsection including the construction of new roads or theimprovement or use of existing roads to gain access to the siteof such activities and for haulage, repair areas, storage areas,processing areas, shipping areas, and other areas upon which aresited structures, facilities, or other property or materials onthe surface, resulting from or incident to such activities,operate in accordance with the standards established undersection 444.855 for such effects which result from surface coalmining operations; provided, that the commission shall make suchmodifications in the requirements imposed by this subdivision asare necessary to accommodate the distinct difference betweensurface and underground coal mining;
(11) To the extent possible using the best technologycurrently available, minimize disturbances and adverse impacts ofthe operation on fish, wildlife, and related environmentalvalues, and achieve enhancement of such resources wherepracticable;
(12) Locate openings for all new drift mines workingacid-producing or iron-producing coal seams in such a manner asto prevent a gravity discharge of water from the mine.
3. In order to protect the stability of the land, thecommission shall suspend underground coal mining under urbanizedareas, cities, towns, and communities and adjacent to industrialor commercial buildings, major impoundments, or permanent streamsif it finds imminent danger to inhabitants of the urbanizedareas, cities, towns, and communities.
4. The provisions of this law are applicable to surfaceoperations and surface impacts incident to an underground coalmine with such modifications to the permit applicationrequirements, permit approval or denial procedures, bondrequirements and other appropriate requirements as are necessaryto accommodate the distinct difference between surface andunderground coal mining. The commission shall promulgate rulesand regulations setting forth such modifications.
(L. 1979 H.B. 459)