30 CFR § 75.501-3
New openings; mines above water table and never classed gassy.
(a) Where a new opening(s) is proposed to be developed by shaft,
slope, or drift from the surface to, or in, any coalbed and the operator
considers such proposed new opening(s) to be a part of a mine coming under
section 305(a)(2) of the Act and §75.501 the operator
shall so notify the District Manager for the District in which the mine is
located in writing prior to the date any actual development (in coal)
through such opening(s) is undertaken. Such notification shall include the
following information:
(a) (1) Name, address, and identification number of the
existing mine.
(a) (2) A current map of the existing mine clearly setting out
the proposed new opening(s), mining plan and planned interconnection, if any,
with existing workings.
(a) (3) A statement as to when the operator obtained the right
to mine the coal which the proposed new opening(s) will traverse.
(a) (4) The name of the coalbeds currently being mined and
those which the new opening(s) will traverse.
(a) (5) The expected life of the mine.
(a) (6) The reason(s) for the proposed new opening(s) (for
example, haulage, ventilation, drainage, to avoid bad roof, escapeway).
The District Manager shall require submission of any additional information
he considers pertinent.
(b) The District Manager shall make a determination based on all of
the information submitted by the operator as to whether the proposed new
opening(s) will be considered as a part of the existing mine or as a new
mine. The following guidelines and criteria shall be used by the District
Manager in making his determination:
(b) (1) The effect that the proposed new opening(s) will have
on the safety of the men working in the existing mine shall be considered of
primary importance.
(b) (2) Whether the operator had a right to mine the coal
which the proposed new openings will traverse prior to the date of enactment
of the Act (December 30, 1969) and whether the original mining plan included
mining such coal.
(b) (3) Whether, in accordance with the usual mining practices
common to the particular district, the proposed new openings would have been
considered a new mine or part of the existing mine. A number of factors will
be considered including, but not limited to:
(b)(3) (i) The relationship between the coalbeds currently being
mined, and those proposed to be mined;
(b)(3) (ii) The distance between existing openings and the
proposed new opening(s);
(b)(3) (iii) The projected time elapsing between the start of
the new opening(s) and planned interconnection, if any, with the existing
mine; and
(b)(3) (iv) The projected tonnage of coal which is expected to
be mined prior to interconnection where interconnection is planned.
The District Manager shall notify the operator in writing within 30 days of
receiving all of the information, required and requested, of his
determination. No informal notification shall be given.
(c) All new opening(s) shall be operated as a new mine prior to
receiving a written notification from the District Manager that such new
opening(s) will be considered part of an existing mine coming under section
305(a)(2) of the Act and §75.501.
(d) Nothing in this §75.501-3 shall be construed to relieve the
operator from compliance with any of the mandatory standards contained in
this Part 75.
[37 FR 8949, May 3, 1972]