Government Regulation of Surface Subsidence Due to Underground Mining

INTRODUCTION Of all the numerous geological hazards that threaten the well-being of urban areas in the United States, probably none is so widespread, persistent, and diversified as surface subsidence (HRB-Singer, Inc., 1977). Simply defined, subsidence is the vertical displacement or sinking of the ground surface caused by either natural phenomena or man's activities. The downward movement, however, can be accompanied by horizontal movement, strain, tilt and even by a locally upward movement. Damage to structures and the environment can result from any of these movements. Extracting subsurface materials, fluids and solids, accounts for most man-induced subsidence in the United States. Among all the mining-related subsidences, the collapse of voids created by underground coal mining has been the major cause in inflicting surface damage (Comptroller General of the United States, 1979). Subsidence from coal mining may occur within a few weeks or be delayed for years, depending upon the mineral layer's depth below the surface, the overlying rock strata's characteristics, the extent and methods of mining that were employed, and the time deterioration of pillar and mine structure. Unless underground resources are not mined or control measures are implemented to prevent or minimize damage, some degree of surface subsidence and its accompanied deleterious effects are often inevitable. The ways to control the subsidence and minimize surface damage may include: 1. Precautionary measures built into new structures or surface features. 2. Preventive works applied to existing structures or surface features. 3. Mine design incorporating special underground layouts. 4. Any combination of the above measures. Upon the enactment of Public Law 95-87, the Secretary of the Interior, through the recently created Office of Surface Mining (OSM), was authorized to promulgate rules to regulate mining reclamation including subsidence control. Proposed on September 18, 1978, these rules were finalized, following public comment and hearings, on March 13, 1979, as part of the permanent regulatory program for the regulation of surface mining and reclamation operations which include the surface effects of underground mining. On January 28, 1981, Secretary Watt of the Department of the Interior issued an order to re- quire all agencies to identify with recommendations all regulations which are believed to be excessive, burdensome or counterproductive. Also on February 17, 1981. President Reagan issued Executive Order No. 12291 requiring all Federal agencies to conduct a regulatory review to make a determination that each promulgation of a regulation is clearly within the authority delegated by law and consistent with Congressional intent (Federal Register, 1981). As a result, OSM initiated the regulatory reform to revise the permanent regulatory program. Following a brief discussion of the technical aspects and the effects of subsidence on man and his environment, this paper presents a historical overview of how rules and regulations are used to govern the subsidence related problems. The development of the regulation of subsidence under Public Law 95-87, the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) are also discussed, including the new regulations being developed under the regulatory reform program. SOME TECHNICAL ASPECTS Am EFFECTS OF FINE SUBSIDENCE An extensive historical review of mining subsidence is given by Zwartendyk (1971) and Shadbolt (1978). Comprehensive technical presentations have been given by Henry (1956), King and Whetton (1957), Hall and Orchard (1963). Muller, et al. (1968). Grard (1969), Voight and Pariseau (1970). Kapp and Williams (1972), Cummins and Given (1973), Brauner (1973) , and NCB (1975). A theory of surface subsidence due to underground mining was perhaps first fundamentally stated by a French engineer, Toillez, in 1838, and formulated by a Belgian engineer, Gonot, in 1839 (Goldreich, 1913, cited by Zwartendyk, 1971). Since that time,