1501:13-9-08 Protection of underground mining.

(A) General requirements for surface mining operations. No surface mining operations shall be conducted closer than five hundred feet to any point of either an active or abandoned underground mine in order to prevent breakthroughs and to protect the health or safety of miners, except to the extent that:

(1) The nature, timing, and sequence of the operations that propose to mine closer than five hundred feet to an active underground mine are jointly approved by the chief and MSHA; and

(2) The operations result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public.

(B) General requirements for underground mining operations. No underground mining operations shall be conducted closer than two hundred feet to any point of either an active or abandoned underground mine in order to prevent breakthroughs and to protect the health or safety of miners, except to the extent that:

(1) The nature, timing, and sequence of the operations that propose to mine closer than two hundred feet to an active underground mine are jointly approved by the chief and MSHA; and

(2) The operations result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public.

(C) General requirements for coal exploration drilling. No coal exploration drilling shall be conducted closer than two hundred feet to any point of either an active or abandoned underground mine in order to prevent breakthroughs and to protect the health or safety of miners, except to the extent that the nature, timing, and sequence of coal exploration drilling closer than two hundred feet to an active underground mine are jointly approved by the chief and MSHA.

Effective: 1/17/2016
Five Year Review (FYR) Dates: 11/02/2015 and 01/16/2021
Promulgated Under: 119.03
Statutory Authority: 1513.02, 1513.35
Rule Amplifies: 1513.16, 1513.35
Prior Effective Dates: 8/16/82 (Emer.), 10/27/82, 10/1/88, 3/31/97