Date Posted	December 12, 2006
News Title	Longwall Mining - A Guide for Surface Landowners
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Longwall Mining – A Guide for Surface Landowners With issues involving energy production in the U.S. increasing, there has been renewed interest by coal companies in developing coal mining operations in Illinois. This has elicited many questions from members and county Farm Bureaus®. More than two-thirds of the state (86 of 102 counties) has coal resources beneath it. Commercial mining began in Jackson County in 1810. While the 1990’s Clean Air Act Amendments made Illinois coal less desirable because of its high sulfur content, recent changes in technology have made Illinois coal more economically viable to use. Thus, we anticipate that there will be an increase in the number of proposed coal mines. This document provides you with a brief history of Illinois underground coal mining, issues related to longwall mining, related web sites, and contacts. Underground Mining While there are several methods of mining, room and pillar mining and longwall mining are two different underground mining methods that are used to extract coal. During room and pillar mining, the company leaves pillars of coal and 50 to 60% of the coal is removed. Longwall mining –high extraction mining - allows coal operators to remove more coal (80 to 90%). Longwall mining began at the turn of the century using non-mechanical methods. Modern longwall mining methods have been used in Illinois since the 1960’s. Longwall mining is a method of planned subsidence of the surface, where a majority of the subsidence occurs within days or a few weeks of coal extraction. Subsidence can also occur after room and pillar mining but may not occur until years later. Severance and Conveyance of the Coal Rights Many landowners may find that the coal rights and/or other mineral rights have long since been severed from the surface rights by a previous owner. Other landowners may still own their coal rights and have been approached to sell, lease or otherwise convey them to a coal or other mineral development company. Either way, when the coal rights are severed from the surface, the surface owner and the owner of the coal have separate sets of private property rights. There has been a wide range of leases or purchase agreements and contracts entered into by surface owners through the years. Therefore, it is imperative that a surface owner knows what is in any deed, lease, or easement applicable to his/her property. To complicate matters, longwall mining has focused the issue of the severance of the coal rights on whether the surface owner conveyed what is commonly known as subsidence rights, otherwise known as the right to surface or subjacent support. In this context, if the owner of the surface retains the subsidence rights, then the coal company may not mine using a planned method of subsidence (longwall mining) without first obtaining those rights from the surface owner. However, the coal company may still mine the coal if it provides surface support (i.e. room and pillar mining). In some cases, the county owns large blocks of coal rights, and coal companies are now approaching county boards to purchase or lease those rights from the county governing body. State and Federal Laws Questions are being asked about how the coal companies will comply with state and federal mandates requiring them to repair the surface. In 1977, Congress passed the Surface Mining Control and Reclamation Act of 1977. It established regulations related to the conservation and reclamation of lands affected by surface and underground coal mining. It allowed states to take primacy on permitting and enforcement if a state regulatory program was established that was as effective as the federal Act. The U.S. Department of Interior Office of Surface Mining provides oversight to ensure state law remains as effective as federal law. In 1983, Illinois took primacy with regulations at 62 Ill. Adm. Code 1700 – 1850 which includes regulations related to subsidence from underground mining. The state regulations are administered by the Illinois Department of Natural Resources (IDNR), Office of Mines and Minerals, Land Reclamation Division. Under the performance standards, coal companies have duties to surface owners with regard to land, surface structures and drinking water. Generally speaking, coal companies must plan for and repair the damage due to subsidence. In most instances, the coal company may approach surface owners to negotiate the terms of repair. Duty to Correct Subsidence Damage Companies are mandated to repair damage to surface structures (homes, barns), repair surface lands and restore drainage to areas where coal is extracted after February 1, 1983. Final repairs are made after the area is mined and the subsidence of the surface has stabilized. Many of the details of the mandates placed on coal companies under current law and rules are found in the companies’ operation plans submitted to and approved by the IDNR. Permit Process Coal Companies Must Use Prior to Mining 1. Prior to mining, the coal company must file a permit application with the Illinois Department of Natural Resources. 2. After that application has been deemed complete, this initial application is filed with the head of the County Board and the County Clerk for public review. 3. The company is required to publish legal notice of application submittal in a local paper once a week for 4 consecutive weeks, informing the public of right to submit written comments and to request an informal conference and/or a public hearing. The contents of the application must include: • A Subsidence Control Plan • Maps of the area to be mined • A description of the coal removal methods • If longwall mining is to be used, a description of planned subsidence and measures that will be taken to correct surface damage. 4. An informal conference between a requestor and a coal operator and any written comments on application must be made within 30 days of the last newspaper notice. 5. The informal conference must be held within 75 days of the first newspaper notice. 6. A public hearing may be requested before 80 days from the first newspaper notice. 7. If there is no hearing, the IDNR shall issue, deny, or request modification of the permit within 120 days of filing. If the DNR does not meet that deadline, the company can ask that the permit go to administrative review. 8. If there is a public hearing, IDNR shall issue, deny or request modification within 60 days after the hearing. 9. Six months prior to mining, the company must mail notice to property owners and residents of the surface. 10. A pre-condition survey on structures and facilities and water delivery system must be done at least 120 days prior to undermining with a copy provided to the property owner. 11. If all permit requirements are met, and the IDNR issues a permit, mining may begin. What Can Surface Owners Do After Mining Has Started If a violation occurs after mining has commenced, an individual can file a written statement with IDNR indicating a violation has occurred. The statement must include a phone number and address but the individual can request confidentiality. A written report will be sent to the individual within 10 days of inspection detailing any enforcement action. If there is no violation noted through the inspection results, the individual will receive a written explanation within 15 days from the written request. An informal review also may be requested. Questions and Information for Surface Owners to Consider When Negotiating with the Coal Company First and foremost, do not sign a surface damage agreement, accept compensation for coal production, or convey or sell any mineral rights prior to seeking legal counsel. Here are additional thoughts: 1. A surface owner needs to know what he/she owns with regard to each affected parcel of land. Surface owners should have their titles researched and should hire an attorney to help ascertain the answers to the following questions since these can drastically affect the surface owner’s position in relation to the coal company: • Has the coal/mineral estate been severed from the surface? • If so, were the subsidence rights conveyed as well? • Was the conveyance valid? • Were the surface rights rejoined with the coal/mineral rights at a later date? (Did the surface owner purchase/lease the rights back?) • Is the land subject to any leases, easements or other conveyances that may impact others? • How is the land owned? 2. Know what the coal company owns. Even if the mineral rights have been severed, it may not be subject to the transaction at issue. Are the rights purchased or leased? Were the minerals further subdivided between coal and gas? 3. How much coal is beneath your property and has it been mined? See the Illinois State Geological Survey county map web site. 4. Know the pre-mining condition of your land, surface structures, and drinking water and document it. 5. Read the information in the permit application to ascertain the coal company’s subsidence plan. Be prepared to negotiate with the company regarding drainage issues, repair or compensation for surface structures, plans for displacement, loss of production, possible sale and buy-back of land or purchase of another parcel, water issues, and so on. Actions that Surface Owners May Want to Consider In addition to negotiating with the coal companies as indicated above, steps that landowners may consider taking include the following: 1. Use web sites displayed here to gather further information. 2. File written comments, be involved with public hearings, report violations, and make requests for inspections. 3. Know the timing of the permitting process and file objections or request hearings in a timely manner. 4. Communicate with your county Farm Bureau. Coal Mining-Related Web Sites There are several web sites that may be used to gather additional information about coal production in Illinois. They include the following: Illinois State Geological Web Sites Illinois State Geological Home Page: http://www.isgs.uiuc.edu/isgshome/coal.htm Coal Geology and Resource Data: http://www.isgs.uiuc.edu/coalsec/coal/index_onlinepubs_coal.htm County Maps: http://www.isgs.uiuc.edu/coalsec/coal/county-index.htm Illinois Department of Natural Resources (IDNR) Web Site Laws and Rules Related to Mineral Production: http://dnr.state.il.us/mines/ommActs.htm Laws and Rules Table of Contents http://dnr.state.il.us/legal/TableofContents.htm#lrd (See Part 1784pdf.) Underground Mines and Subsidence: http://dnr.state.il.us/mines/lrd/IDNR%20Subsidence%20Brochure.pdf Planned Coal Mine Subsidence in Illinois: http://dnr.state.il.us/mines/lrd/coalsub.pdf Citizens Guide to Coal Mining: http://dnr.state.il.us/mines/lrd/citznrec.pdfha Contacts on the Issue: Your County Farm Bureau Manager Illinois Department of Natural Resources Dan Barkley 217-785-5197 Illinois State Geological Survey Dave Morse 217-244-5527 morse@isgs.uiuc.edu
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