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By J. M. Dempsey, R. A. Litle

Asarco Incorporated’s Omaha, Nebraska refinery site and the City of Omaha’s downtown redevelopment projects are the perfect example of the marriage of the Brownfield and Sustainable Development strategies. Nebraska’s largest voluntary site remediation project created a focus point for redevelopment and has spurred over $1 billion in economic investment within a 1-mile radius of the site. Asarco was faced with options of very expensive and uncertain facility upgrades or a shutdown. Local leaders, Asarco, and regulators worked together to convert a controversial and complex site to a park-like redevelopment area with numerous long-term benefits to the City and the environment.

Jan 1, 2004

By B. K. Mishra

In order to maintain higher grinding efficiency in tumbling mills the mill interior and dynamics must be known. For this purpose, several different types of non-intrusive methods have been proposed and are being tried in the industry. We have made an effort to develop a diagnostic tool based on vibration signal. Here we discus results of our experiments pertaining to ball as well as SAG mill. In each case, a triaxial accelerometer was used to capture mechanical vibration generated due to the tumbling action of the charge. The vibration signal was transmitted to a remotely placed computer and the signals were analyzed by standard signal processing technique. In case of a ball mill (5m diameter), qualitative mill information could be obtained by correlating the vibration signal to feed rate and mill filling. An effort was also made to identify different motion characteristic of the charge by analyzing its vibration signal. In case of the SAG mill (10m diameter), liner wear was estimated by comparing the vibration signal emitting out of a freshly lined mill with that of a worn out mill.

Jan 1, 2011

By H. Lyn Bourne

This is the seventh annual tabulation of royalty information. It is also the first year in which some data have been deleted to make room for new data. The concept of royalties evolved from a time when the government owned all of the land, including mines, to the situation where free miners won the right to claim minerals but paid a portion of their production to the royal treasury. Today, a mineral royalty is a payment to the owner of the mineral rights for the privilege of producing the mineral commodity. However, some people incorrectly believe that the selling price and the royalty are the same thing. The contract between the owner (lessor) and the mining company (lessee) is the mineral lease. Some clauses that are common to mineral leases include: identification of property, granting clause, reservations, definitions, royalty rate, taxes and title, indemnity, termination, inspection, assignability, successors, and reclamation. There often are variations in royalty rates for a given commodity that reflect differences in location, quality, market conditions or public versus private ownership. History In the time of ancient Rome, the government owned the mining properties by virtue of conquest. It would lease the mines to favored citizens who would pay rent to the State. Various conditions of sovereign ownership of both land and mineral rights continued in Europe until the Renaissance. As the laws evolved for land ownership by private citizens, the concept that minerals belonged to the State (King, Crown, sovereign) continued until about the 15th century. Free miners challenged the notion of sovereign ownership and won the right to discover and claim minerals. But a portion of their production had to be paid to the sovereign - a royalty. So, the original concept of a mineral royalty was a tax on production that was due to the Crown or Church. The term mineral royalty, as it is known today, is a payment to the owner of the mineral rights (formerly the royal owner) for the privilege of mining and producing the mineral commodity. The owner of the mineral rights, the lessor, and the mine operator, the lessee, enter into an agreement to mine the property. The agreement is the lease. While this concept is common, there are some who do not understand that the royalty is a portion of production paid to the owner as agreed on in the lease document. This author has seen reports where the selling price of a commodity has been quoted as the royalty. ("They get 70 cents a ton royalty at their pit and the guy down the road only has a 65 cent royalty.") These reports have been authored by people not familiar with the mining industry. Lease clauses In addition to the amount to be paid the lessor, there are several other items to be addressed in the lease agreement. The following list may not be all inclusive, but briefly describes most of the common clauses any good mining lease should contain. Identification: This opening clause names the owner (lessor) and the operator (lessee), the address of each, and gives the legal description of the property. Granting clause: This part of the lease gives the time period or duration of the agreement and information about renewal periods. It also has language about the exclusive right of the lessee to mine the property. Reservations: If the owner wants to exclude any portion of the property or set some specific conditions about the operation, there needs to be a clause that describes these reservations. Definitions: This section should address some of the technical terms that the lessor may find confusing - short tons versus cubic yards, dollars versus percentage of average selling price, any escalator indices such as consumer price index or producer price index, and material mined versus material sold. Royalty: This section spells out what the royalty rate will be, how often it will be paid, if there is an annual minimum, the pay dates, and how the records will be kept. This section also describes the conditions under which the lessee is exempt from the annual minimum - natural disasters, strikes, governmental actions, or other causes referred to as force majeure. Taxes and title: The lease needs to identify who is responsible for the property taxes, severance taxes (if applicable), and other taxes that relate to the mining activity - taxes on equipment, improvements, or stockpiles. This is a good place in the lease for the owner to certify his ownership of the property and its mineral rights and also certify that no other leases are in effect. The lessees may want language that allows them to pay mortgages or other debts on the property to keep their lease in effect. Indemnity: This portion of the lease identifies that the lessee assumes the risks for lessee's mining operation. Lessor should expect indemnification by the lessee through standard insur¬ance policies - workers compensation, liability and property damage. Termination: Both the lessor and lessee want language that will allow them to terminate the lease. This section of the lease describes the conditions under which one of the parties may terminate the lease (failure of the

Jan 1, 1989

This geometallurgical study examines the gangue mineral variability at the Bingham Canyon porphyry copper mine in Utah. Understanding an orebody?s mineralogy is important for mine and mill planning because it provides information on the size, texture, and distribution of ore minerals, the relationship between ore and gangue minerals, and the extent and type of alteration. Quantification of the mineralogical variability and properties of an orebody provides valuable input to the ore model and may have a significant effect on recovery optimization. This study was designed to be carried out on an initially detailed scale in order to develop a robust methodology for measuring and quantifying specific parameters, such as the distribution of mineral phases, alteration assemblages and fractures from key ore domains at the Bingham Canyon mine (Figure 1). Details of the methodology are reported below. This technique can be applied to testing the impact of mineralogy on a number of processing parameters. [ ] Figure 1. Ore domain map of Bingham Canyon (Kennecott Utah Copper, 2003) showing the 33 geometallurgical ore domains. The samples for this study were collected from the northwest part of the deposit circled on the map. PROJECT BACKGROUND Geology The Bingham Canyon deposit is a large porphyry Cu-Mo-Au deposit with associated skarn and base-metal replacement deposits mined in an open-pit mine measuring about 2.5 miles across and 4,000 feet deep. The deposit is hosted by the Bingham Stock, a Late Eocene to Mid-Oligocene intrusive complex. The skarn is hosted by the Late Carboniferous-age Bingham Mine Formation, which is comprised of quartzites and basal limestones (Babcock Jr. et al., 1998). The Bingham Stock is a composite intrusive complex that was emplaced over a period of about two million years. The oldest phase is described as a fine-grained equigranular monzonite (MZ), which intruded the country rocks at 39.8 ± 0.4 Ma (U-Pb zircon TIMS age) (Parry et al., 2001). Subsequently, the quartz monzonite porphyry (QMP) was emplaced, followed by intrusion of a latite porphyry (LP). The final intrusive phase, which forms narrow dikes that crosscut the Bingham Stock, is represented by a quartz latite porphyry (QLP), which is dated to 37.5 ± 0.4 Ma by 40Ar/39Ar dating of sanidine (Deino and Keith, 1998). Also present, are a minette dike in contact with a QLP dike (Waite et al., 1998; Deino and Keith, 1998), and a biotite porphyry (BP), a quartz latite porphyry breccia (QLPbx), and a pebble dike (Redmond, 2002). The copper orebody is centered above the Bingham Stock and forms an inverted cup shape with three high-grade copper zones extending to depth. Molybdenite mineralization occurs within and extends below the copper orebody, but is not correlated with copper mineralization. The main sulfide assemblage is chalcopyrite, bornite, molybdenite, and pyrite. Gold is locally intergrown with chalcopyrite and bornite (Babcock Jr. et al., 1998; Phillips et al., 1998). The surrounding country rocks host skarn deposits with three main ore types - garnet skarns, massive sulfides, and iron oxides. The garnet skarns contain chalcopyrite and pyrite with magnetite veins. In the massive sulfides chalcopyrite and pyrite occur either in banded sulfides or in unconsolidated microbreccias. The iron oxides contain disseminated chalcopyrite with minor chalcocite and bornite (Harrison and Reid, 1998). The deposit is overprinted by several stages of alteration. Potassic alteration is concentrated at the center of the deposit. It is surrounded and partially overlapped by a propylitic alteration zone. Both zones are overprinted by sericitic alteration. In the northern part of the deposit evidence for argillic alteration can be found (Bowman et al., 1987). Similarly, the skarn deposit was also overprinted by several stages of alteration: wollastonite, idocrase, and garnet in cherty limestones, and quartz and diopside forming in calcareous quartzites. Distally, diopside was replaced by talc, tremolite, dolomite, secondary calcite, and pyrite, and quartz and sulfide veinlets with biotite and actinolite selvages are present. Andradite garnet, diopside, quartz, magnetite, hematite, and copper sulfides were overprinted by wollastonite (Babcock Jr. et al., 1998). Because the monzonite, quartz monzonite porphyry, latite porphyry, and quartz latite porphyry host the bulk of the mineralization, our research is focused on these lithologic units. Geometallurgy On the basis of geological (lithology, alteration assemblages, fracture density, copper mineralization) and metallurgical properties, the deposit has been divided into 33 ore domains by mine geologists and metallurgists (Figure 1). In map view, these domains cross geologically defined boundaries (MZ, QMP etc.). These domains reflect regions of the deposit that have particular, mapable attributes or properties. They reflect a combination of geological and mineralogical characteristics that combine to impact processing. Alteration, for example, as shown by talc mineralization, is one such key feature. Hardness may reflect the absence of sericitic but presence of potassic alteration. Structural discontinuities such as faulting, fracturing, or development of void

Jan 1, 2009

By Lynn B. Hales

There is a large economic opportunity associated with improving metallurgical performance in mineral processing plants that use process control. Thus, future control systems will be developed towards more sophisticated user friendly, computer-based systems that use powerful software analysis and control techniques. Auto-tuning, adaptive control and process models will gain expanded use because of their transparent availability to the system designer. Control of individual unit operations will be optimized and coordinated through expert systems that monitor economic conditions and management directives and direct operations accordingly. Plant areas, once considered cost centers, will be integrated into plant-wide control systems for economic control and optimization. This article looks at new control hardware, process sensors, control strategies and software development tools. It also looks at the economics driving the continued development of advanced process control systems. Process control systems routinely used in the mining industry were born when the microprocessor was invented. They have continued along an evolutionary path from vendor specific processing hardware and proprietary operating systems to computer industry standard "open architecture" systems. The many economic forces that drive the development and functionality of these process control systems will cause this evolutionary process to continue. Two of the broadest categories are the needs of the end users and the desire of the system manufacturers to distinguish their products from one another. More

Jan 1, 1994

By W. Langer

Of the 50 or so most often utilized industrial minerals, more than two thirds are, or have been, produced in the western states of Arizona, Colorado, Idaho, Kansas, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Texas, Utah, and Wyoming. Some commodities, such as natural aggregate, currently are produced in all 13 states; others such as beryllium and iodine are produced in only Utah and Oklahoma, respectively. Together, the 13 western states make a significant contribution to the US industrial minerals industry.

Jan 1, 2007

By P. J. Cook

Comminution is one of the fundamentals of mineral processing, requiring large expenditures to be made on capital equipment, installation, power and maintenance. The trend toward lower grades and higher operating costs, mean mining operations are becoming increasingly marginal. The challenge is to improve and more importantly, utilise crushing and milling technologies that provide for reduced capital and operating costs whilst providing increased unit efficiencies. The Svedala Barmac Autogenous Crushing Mill presents such an opportunity by providing many of the cost savings and production increases required by its ability to produce a finer mill feed size and realise reduced energy consumption. This paper briefly describes the operation of the Svedala Barmac Autogenous Crushing Mill and reviews its benefits towards improving the efficiency of crushing and milling operations.

Jan 1, 1999

By Steven B. Van Kouteren

Value added is a loosely used qualifier in the industrial minerals industry. What exactly does it mean? What does it take to make a value-added product? More importantly, how does a company maintain the value added to its products? Most people agree that value-added means the value of a mineral minus the cost to produce it. This is misleading, though, because producing value-added products does not necessarily guarantee the profitability of the products. In some cases, firms that make value-added products are not very profitable. It is important not only to understand how to make a value-added product but also how competitive forces in the market can erode the value added. Therefore, when looking at value-added opportunities, producers must understand how to obtain the value added and how to maintain that value. Four major factors limit a company's ability to add value to its products. This paper examines these factors. It uses the ground calcium carbonate and mica industries as examples.

Jan 1, 1990

Following a disaster in a mine, it is important to understand the state of the mine damage immediately with limited information. Computational fluid dynamics can be used to simulate and ascertain information about the state of ventilation controls inside a mine. This paper describes a simulation of tracer gas distribution in an experimental mine with the ventilation controls in various states. Tracer gas measurements were taken in the lab experimental apparatus, and used to validate the numerical model. The distribution of the tracer gas, together with the ventilation status, was analyzed to understand how the damage to the ventilation system related to the distribution of tracer gases. This study will be used in future research in real mine measurements to compare collected and simulated profiles and determine whether damage to the ventilation system has been incurred during an emergency situation, the nature of the damage and the general location of the damage.

Jan 1, 2011

By S. Slottee

The technology of making and using ?paste? from mine tailings is increasingly well known by the minerals industry. The primary applications are water recovery and ?stacking? of tailings with minimal use of dams and ponds. This paper highlights some applications, other than water recovery and stacking, that have come to the attention of a paste thickener equipment supplier. As generated by thickeners, paste (also called ?thickened tailings?) is a non-settling, relatively high concentration, suspension of solids that can be pumped. Paste deposits with an angle of repose, allowing minimal use of dams. High solids concentration allows more water recovery at the paste thickener than is achieved in conventional and high rate slurry tailings thickeners. This paper is based on paste as produced in a flow sheet that includes a thickener, underflow pumps that are typically centrifugal, transfer pumps that can be centrifugal or positive displacement, and a distribution system at the deposition site. Examples of paste applications other than water recovery or stacking include: ?mine? an existing tailings pond by removing slurry, recovering coal or iron ore values, and return the new tailings to the pond as a paste that does not res-suspend; use paste to seal an existing tailings pond from leaking to groundwater or to an underground mine; extend the life of an existing tailings pond by thickening the tailings to paste; move an existing dry tailings impoundment to a new location by slurrying, pumping, paste thickening, and redeposit; minimize the size of a filter by paste thickening the feed; operate a paste thickener and filter in parallel on a tailings stream with re-mixing to achieve a high solids concentration. The use of paste tailings technology has been expanding over the last 15 years. The applications, both implemented and under consideration, are increasingly diverse and include all minerals tailings. Tailings handling designers should always consider a paste option to the conventional slurry solution.

Jan 1, 2011

By Jennifer B. Leinart

Sixty percent of the mines responding to the sixth annual Mining Cost Service labor survey reported increases in wages averaging 3.4% over the preceding 12 months. Only one mine reported a decrease in wages and this was accompanied by initiation of a substantial profit-sharing plan. Thirty-nine percent reported no change in wages. Thirty-seven percent reported using some form of incentive bonus plan. Mining Cost Service annually surveys coal, metal, and industrial mineral mines throughout the United States. Information about wages, benefits, and incentive bonus plans is part of an extensive data collection program to monitor cost areas of significance to the mining industry. This year, 131 mines responded to the survey. The data is collected by sending questionnaires to personnel managers at active mining operations. The information included in this article was taken from the returned forms, from labor contracts provided by some of the mines, and from followup telephone calls. This year's data was collected between November 1988 and February 1989.

Jan 1, 1990

By K. Pathak

Loaders and dump trucks are the most commonly used surface-mining equipment. Negligence of the safety-engineering aspects of dump trucks may result in serious accidents in a mine. A reduction in the risk of an accident due to the deployment of trucks can he achieved by engineering analysis, risks assessment, improved safety features, active safety devices, condition-based maintenance, in-built protection systems, etc. This paper presents some cases of accidents in Indian surface coal mines and advocates a systems approach to safety.

Jan 1, 1999

By F. N. Kissell, C. D. Litton

This study predicts the level of smoke that miners might meet while trying to escape a coal mine fire and describes how smoke would impede their safe escape. For this study, the authors assumed that miners exit through an escapeway adjacent to the burning entry, that some air would leak from the burning entry to the escapeway. The following conclusions were made: • A very low amount of air leakage to the escapeway can produce a critical level of visual obscurity from smoke. This shows that intake airways may be as susceptible to smoke visibility problems as return airways. • This critical level of smoke obscurity is reached much before a critical level of carbon monoxide is reached. • Small fires can cause a severe sensory irritation that further limits vision. Thus, reliable eye protection is very important. These results show that methods to guide miners through dense smoke will contribute greatly to saving lives during mine fires.

Jan 1, 1993

By R. W. Fedors, S. T. Green, R. A. Hart, D. B. Walter

Computational fluid dynamic (CFD) modeling of a potential nuclear waste repository drift may be an important tool to estimate moisture redistribution caused by natural convection within the drift. To refine and support CFD techniques, a small laboratory cold-trap experiment was developed. Results from numerical modeling of the laboratory experiment show the sensitivity of the bulk air flow rate and average air temperature within the drift to several key parameters, including various boundary condition assumptions and surrounding porous media properties.

Jan 1, 2004

By A. Sand

A 2-dimensional computational model based on the discrete element method (DEM) is utilized for modeling of stamp-charged coke making. In this process, a large volume of coal is compacted to one single coal cake before entering the coke oven. Cake densification and mechanical strength development are key factors for the subsequent production of a high-quality coke. An approach is introduced for model calibration utilizing multiple control parameters obtained from a laboratory-scale stamping device. Experimental data on stamper rebound amplitude, attenuation and peak force are compared with simulation output in a pairwise manner by constructing a criteria space, which allows identification of model settings best satisfying the control parameters. The calibration procedure carried out by multiple criteria comparison aided model parameter selection for reproducing stamper behavior in response to the properties of the cake subjected to compaction. This modeling and calibration procedure offers possibilities for numerically studying the densification and mechanical strength development of coal cakes. However, the approach is also more widely applicable to other compaction processes.

Feb 27, 2013

By Tim O’Neil

The US Bureau of Mines and the Santa Cruz Joint Venture (SCJV) are working on a production-scale, in situ copper recovery project in Arizona. The research is being conducted at the Santa Cruz site, located 11.2 km (7 miles) west of Casa Grande, AZ (Fig. 1). Santa Cruz is a 1.36-Gt (1.5 billion st) porphyry deposit averaging 0.6% Cu, of which 65% is oxidized, concealed beneath post-mineral alluvium at depths of 365-914 m (1500-3000 ft). The Bureau and the SCJV will evaluate in situ mining as a method for extracting copper from this previously unmined deposit. Research objectives of the Santa Cruz project are: - to demonstrate that an in situ research test can be operated in an environmentally acceptable manner ; and * to operate an in situ well pattern long enough to develop information on copper recovery and economic feasibility data. In situ mining of copper from undisturbed deposits has not been attempted commercially. There are several potential advantages with in situ mining: less exposure of miners to hazards, lower pital costs for the mine and plant and lower operating costs. In addition, there are no pits, dumps or tailings, which means less environmental impact.

Jan 1, 1991

By Thomas C. Shapiro

This is the final article in a three-part series on microcomputers and application software in the mineral industry. The first article covered microcomputer terms and concepts. The second discussed exploration and mining software. This article will examine plant, administrative, and geotechnical software. Every effort has been made to be current in the latest software developments. Rapid change, however, is a fact of life in the computer world and any omission is inadvertent. Introduction Geotechnical disciplines have received considerable attention in software programming. Calculations are repetitive and the formulas needed to solve them are not extremely complicated. These programs are ideally suited to the microcomputer and the microcomputer is ideally suited to the consulting geologist or engineer, due to its low cost and reliability. In fact, the advent of the Apple (a registered trademark of Apple Computer Inc.) and, more recently, the IBM personal computer has caused an explosion of inexpensive software programs available to the microcomputing public. Another area that has benefited from computerization, although not in the same way, has been mineral beneficiation. Here, process control for start-up or phase-down operations has been used in newer plants for some time. Programs to perform various calculations are becoming more common as micros increase in number. Tappi Journal has a section with solutions to handheld-calculator and microcomputer problems. Process Modeling Most process modeling is still done only on mainframes. One such program is called ASPEN PLUS (a registered trademark of Aspen Technology), and a one-week course is recommended so the user can best use the program. This program is available through timesharing from University Computing Co. Programs to find an optimal solution using Linear Programming (LP) have been around for some time. Also, plant process simulation has been possible using simulation programs. Both simulation and LP are expensive to program and run. Although there are LP programs available for some micros, the user must be fairly knowledgeable about how to set up the problem. This is because each problem must be set up as a unique program that typically requires custom programming. There are some programs that can handle blending of mine crudes and examine economic parameters over the life of the mine. Plant Applications Areas relating to mine and plant applications with programs available for micros are maintenance, production reporting, inventory, accounting, and personnel scheduling. Maintenance Maintenance typically requires that certain jobs be performed in a particular sequence and parts be ordered with enough lead time for maintenance to take place on time. There is, therefore, a critical sequence of tasks that must be performed or the scheduled maintenance will not take place. Two answers needed for maintenance project scheduling are: what is the lead time needed

Jan 4, 1984

By Earl C. Herkenhoff

Editor's note: The subject of mining on the moon can generate a wide range of strongly held opinion, from those leaning toward the view that, ultimately, such activity is the destiny of mankind to those who believe that all suggestions for moon mining to date are unrealistic, wildly expensive and in the hands of people who 'know nothing.' MINING ENGINEERING herewith publishes some of the basic pros and cons on the subject of moon mining by writers who are among those holding strong views on the subject, with the hope that some of our readers may be interested in joining this debate. Every mineralogist and most mineral industry people were keenly interested in the examinations of the first moon rocks brought back by US astronauts in 1969. Suffice to say that the examinations revealed nothing exotic in the mineral makeup of the very limited rock samples. The rocks were generally of igneous type, dark-colored and contained some common, Earth-type minerals. There was, in Earth terms, above average TiO2 content, but they contained nothing of commercial significance by Earth standards. Therefore, interest in moon minerals rapidly faded. Years later, on Sunday, May 4, 1986, living in Reno, NV, this author was shocked to read a local newspaper article by the Dean of the Mackay School of Mines, University of Nevada, Reno, headlined, "Moon Mining Not Far Off." Considering that the announcement more or less coincided with a slump in our domestic mining industry, the immediate questions in a reader's mind

Jan 1, 1991

By Walter Hermülheim, Klaus-Dieter Beck

In German hardcoal mining approximately 1 or 2 cases of spontaneous combustion are recorded per 10 million tonnes of saleable output. In approximately every 20th spontaneous combustion case, CH, is ignited. By the example of a fire caused by spontaneous combustion on Friedrich Heinrich colliery, an overview on the measures taken for firefighting and explosion prevention is given. These measures comprise (in sequential order) - early fire detection by CO-monitoring, - gob-sealing measures against ventilation air leaks, - full-space inertization of the coalface subsequent to a CH,- deflagration, - installation of a target inertization of the caved-in gob under the protection of the full-space inertization, - re-opening of the fire zone and reestablishment of the ventilation-air current, - completion of the salvaging work with continued target inertization of the caved-in gob and further sealing measures (monolithic packing), - sealing of the coalface after salvaging. The measures described allowed gain of control of a safety- critical (because close to the face) gob fire caused by spontaneous combustion, in spite of a CH, deflagration, within few days only, and salvaging of equipment from that coalface and start-up of the follow-up coal-face on schedule. The measures taken as well as the experiences gained allow deduction of general safety criteria for fighiing of gobfires caused by spontaneous combustion, and for controlling the explosion risk. e.g. - warning and alert thresholds for early detection of fires, - criteria for spotting of the zone of fire, - rules for tightening caved-in gobs, - thresholds for the retreat of firefighting crews from the vicinity of the zone of fire, and for starting ineiization, - considerations for positioning of and strength requirements for stoppings with/without inertization, - flow-by-volume adjustment of inertization, - safety rules for work with respiratory apparatus in the inertized zone, - safety rules for the re-opening of zones of fire. The considerations end up in the conclusions that the duration in terms of months of the classic cycles of sealing, waiting, and reopening can nowadays be reduced to a few days only by purposeful combination of full-space inertization and locally confined tar- get inertization of the gob area. The earlier high risks incured by the mine resuce squads en- trusted with sealing of zones of mine fires under explosion hazards can be reduced by the method described, provided the safety regulations are conformed with. In this way, intertizing contributes substantially to reduction of down-time caused by mine fires, to preservation of recoverable parts of the deposit, and to improved safety of the fire-fighting crews.

Jan 1, 1997

By Syd S. Peng, C. Y. Chen

Introduction The Surface Mining Control and Reclamation Act was passed in 1977 to put an end to the uneven environmental standards and enforcement established by various coal mining states in the US. One year after passage, the Secretary of Interior was directed to promulgate permanent program regulations implementing Title V provisions of the Act. These regulations were to form the basis for state regulatory programs under the Act and to allow states to assume primary regulatory responsibility. To implement the underground mining provision of the Act, the Secretary is directed in section 516(a) of the Act to promulgate rules. But they must take into consideration the differences between surface and underground coal mining. The regulations developed by the Secretary in 1979, with respect to subsidence control, included: • a subsidence control plan as part of the permitting process; • substantive provisions establishing performance standards for subsidence control; and • provisions providing for the prohibition of mining under perennial streams, impoundments larger than 24.6 dam3 (20 acre ft), and certain public facilities and urban areas. Industry challenged the Secretary's regulations implementing the subsidence control provisions. The litigation was consolidated with all other challenges to the permanent program regulations. (Permanent Surface Mining Regulation Litigation, Civil Action No. 79-1144; D. D.C., May 16, 1980.) In two opinions dealing with the multitude of issues raised by both industry and environmental groups, the US District Court of the District of Columbia ruled against industry. It upheld the promulgated subsidence control provisions. The US Court of Appeals stayed the appeals pending the agency's review and revision of its regulations. The regulatory reform was conducted in accordance with the order from the Secretary of Interior and the President in 1981. As a result, the subsidence control regulation was revised, reproposed, and finalized in June 1983 (Federal Register). This regulation, along with others, was again challenged by environmental groups and industry. On Oct. 1, 1984, the court, after finding the Secretary's reading of the Act reasonable, upheld the 1983 subsidence regulation except for one section. On Feb. 21, 1985, in accordance with the court's ruling, the Office of Surface Mining (OSM) suspended a portion of 30 CFR 817.121 (c)(2) concerning the damage correction requirement for structures or facilities and reproposed it on July 8, 1985 (Federal Register). In conjunction with a request for public comments, OSM now also seeks comments on the omission from the 1983 rule of the requirement in the 1979 rule regarding a presubsidence survey and monitoring of damage to structures. Technical issues related to subsidence regulations The subsidence regulations of June 1, 1983, consist mainly of two parts: a subsidence control plan as part of the permitting process; and substantive provisions establishing performance standards. The latter also includes provisions for prohibiting mining under certain areas. Under subsidence control plan section 784.20, minimum require-

Jan 2, 1986