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By J. Wesley Atkins

In considering the importance of lease management and administration, I have decided to approach the topic, Lease Default and Eviction: Action or Reaction, as a three phase presentation dealing with mineral lease administration and management, past, present and future. Though the title may border on the dramatic, it illustrates the real consequences of alternative approaches to property management viewed from my experience in the evaluation, development and implementation of a number of such systems and services in my current position as president of Talco Group Corporation. First, though, let's take a moment and set the stage by giving a few actual examples of why a pragmatic approach is needed in this particular area.

Jan 1, 1983

By J. Devon, D. L. Ewart

Long-term coal mining plans are often based on attainment of an average cost of coal. This is achieved by blending low- and high-cost coal production. Coal that is beyond the economic limit of the reserve is mined in a misguided effort to improve reserve recovery. Long-term contracts should be least cost-based and generate the best net present value from the economic reserve within the context of a rational mine plan. The selected economic reserve should he mined on a low- to high-cost basis to benefit from the time value of money.

Jan 1, 1996

By J. W. Devon

The coal mining industry is divided into two distinct economic segments based on Coal Supply Agreements. Coal supply agreements generally fall into two categories, spot or long-term, with the selected contract term being driven by the buyer's market expectations, security of supply considerations, fuel tonnage and quality requirements, and economics. Short-term or spot coal purchases are generally market driven and are highly competitive in today's marketplace. Long-term contracts, particularly those involving captive mines and mine-mouth power plants, are commonly driven by considerations other than economics. These other considerations, such as Reserve Conservation and Resource Recovery, Security of Supply, and Maintenance of Levelized Costs may increase the cost of coal, often needlessly and without benefit to the buyer or seller. The basic economic principles which guide the market driven metals industry and generally guide the spot coal sector of the coal industry should apply equally well to the long-term coal supply contract. The artificial constraints imposed as a result of regulated rates of return should be re-examined and in most cases, abandoned. There are many methods of surface and underground coal mining being used today such as, open-pit, contour, mountaintop, and area mining for surface mineable reserves; conventional, standard continuous and super-section continuous miners, and longwalls for deep reserves; and highwall miners, thin seam miners and augers in between. This discussion is primarily directed to surface mining, however the same principles of least cost mining on a Net Present Value basis must be considered in all cases.

Jan 1, 1994

By John J. Sammarco, Alan G. Mayton, Elaine N. Rubinstein

Researchers from the National Institute for Occupational Safety and Health (NIOSH) developed a light-emitting diode (LED) area luminaire called the Saturn and conducted a laboratory study using a Fletcher High Dual-boom Mast Feed (HDDR) roof bolting machine. The Saturn luminaire was designed to (1) enhance floor illumination to enable better detection of trip hazards in the interior spaces of a roof bolter and (2) reduce glare that has typically been an issue of concern on roof bolters. This paper reports on the results of achieving the second objective. The existing roof bolter lighting was the baseline and was compared with three versions of the Saturn luminaire relative to light intensity (100%, 75%, and 50%). Discomfort and disability glare data were obtained from 30 participants that comprised three age groups. Discomfort glare perceptions were obtained using the De Boer rating scale, and disability glare was quantified by using Mars Letter Contrast Sensitivity tests. Discomfort glare was reduced at least 3 levels with all Saturn versions. Also, a predictive model was used to estimate discomfort glare, and the results were similar. Disability glare was the least for the Saturn’s 50% intensity, and all Saturn versions had significantly less disability glare than with the baseline lighting. Veiling luminance was calculated and used as another indicator of disability glare. Veiling luminance was 28 to 42 times greater with the baseline lighting as compared with that of the Saturn lighting. Lastly, visibility levels were calculated. The Saturn versions were 4 to 6.5 times better in terms of visibility level.

By John J. Sammarco, Alan G. Mayton, Elaine N. Rubinstein

Researchers from the U.S. National Institute for Occupational Safety and Health (NIOSH) developed the Saturn light that significantly improves illumination for roof-bolting machine operators while reducing glare. The existing roof-bolter lighting was the baseline and was compared to the Saturn at 100, 75 and 50 percent intensities. Discomfort glare and disability glare were measured by the De Boer rating scale and the Mars Letter Contrast sensitivity test, respectively. Thirty study participants were tested. Discomfort glare was reduced at least three levels with the Saturn luminaire. Visibility levels were four to 6.5 times better with the Saturn than with the baseline. The Saturn design is freely available for commercialization.

By Steve Vaughan

Canadian Regulation and Reporting Requirements High reporting standards are essential in developing and sustaining a strong confident capital market. As of February 1, 2001, technical reports on mineral exploration and mining work, must conform to the standards of the Canadian Securities Administrators (CSA) National Instrument 43-101. Only a ‘qualified person’ may supply the technical information on which a news release is based and must verify that the final version of the release is accurate.

Jan 1, 2003

By Gail L. Achterman

Most mining companies today perform site assessments and operational or compliance audits regularly. The purpose of these audits is to review company facilities and operations to determine whether they comply with applicable federal, state and local environmental laws and regulations. Why Audit? Companies adopt assessment and audit programs for legal and business reasons. The business reasons include: (1) ensuring efficient and cost-effective compliance through early problem identification and resolution; (2) planning and implementing business transactions such as real estate conveyances, loans, mergers and acquisitions, and waste disposal service contracts; and (3) employee training and relations. Legal reasons for audits include: (1) avoiding enforcement actions and penalties; (2) meeting environmental permit certification requirements; (3) avoiding corporate officer liability; and (4) meeting Security and Exchange Commission disclosure requirements. The Environmental Protection Agency ("EPA") encourages environmental auditing by regulated entities. The EPA Environmental Auditing Policy Statement was published in the Federal Register on July 9, 1986 (51 Fed Reg 25,004). Although the existence of an auditing program does not create a defense to or otherwise limit a company's regulatory responsibilities, EPA considers compliance programs in setting inspection and enforcement priorities. If a company makes an honest effort to identify and correct its own problems, EPA's enforcement approach is influenced, especially if violations are promptly reported. Perhaps more significant to many executives, the U.S. Department of Justice issued guidelines last year on when it will pursue criminal prosecution for environmental violations. See Department of Justice, "Factors and Decisions on Criminal Prosecutions for Environmental Violations in the Context of Significant Voluntary Compliance or Disclosure Efforts by the Violator," (July 1, 1991). It is now commonplace to read about major companies pleading guilty to criminal violations and paying millions of dollars in penalties. For example ALCOA recently agreed to pay criminal fines and civil penalties totaling $7.5 million for unauthorized excavation of PCB-contaminated soil and improper dumping of spent caustic solution. No executive wants to explain to the Board of Directors or shareholders why the company was criminally indicted. The Department of Justice considers factors such as voluntary disclosure, preventive measures and compliance programs, such as a regular compliance auditing program, the effectiveness of the disciplinary system for employees who violate the company's environmental policies, and subsequent compliance efforts by companies to remedy ongoing noncompliance. The Department of Justice looks closely at whether audit recommendations were implemented in a timely way and whether environmental compliance was a standard by which employees were judged. The Lawyer's Role. The role of the lawyer in an audit team deserves special attention. When enforcement action or litigation has begun or is contemplated or a government agency has asked for information, attorneys always should be directly involved in environmental audits. In most situations, however, environmental audits are management tools, and the attorney's role should be to advise the team. The attorney can help make sure the team understands the laws and regulations the facility must

Jan 1, 1992

By J. M. King, C. J. Boggs

Acquisitions of mineral properties and companies can saddle the acquirer with unexpected and substantial liabilities and obligations incurred by the acquired or selling company that are not readily apparent from review of the company's books or files. This paper will address selected areas of concern, such as environmental and reclamation liabilities, problems of foreign ownership by the buyer or seller, pension obligations, plant closing laws, effective title review, land use and zoning.

Jan 1, 1992

By J. M. King

A crucial step in the acquisition by one company of the assets of another, the acquisition of the stock of another company, or the merger of two com-ponies, is the legal due diligence which needs to be performed in order for the acquirer to ascertain or confirm the obligations, liabilities and exposures to risk that are being assumed along with the assets or corporate stock being acquired. Where the obligations, liabilities, or exposures to risk arise from existing contracts, or from pending lawsuits, administrative proceedings, or threats of these actions, those matters are relatively straightforward to discover by careful review of the files of the party whose assets or stock is being acquired. However, where a company is engaged in ongoing mining or processing operations and has operated or owned mining proper-. ties, there are many sources of liability and exposure to risk which could have major adverse economic consequences to the acquiring party and which are not revealed, or at least are not clearly delineated, by the records of the company whose stock or assets are being acquired.

Jan 1, 1990

By C. G. Roache

Mining legislation in Jamaica dates back to only 1947 when, on August 30 of that year the Minerals (Vesting) Act was promulgated. None of the exploratory and trial-mining projects over the preceding 450 years were regulated or controlled by law. It was the seriousness of the intent of the North American Aluminum Companies to establish a bauxite mining industry in Jamaica which led to the development of the first piece of mineral legislation. It is of note that the incoming mineral industrialist was more anxious than the Government to see that a legislative framework was in place. It was relevant then as it is today for good mining legislation to be in place for the Government to regulate and control the exploration and exploitation of mineral resources. It was also necessary for the industry to know their rights and obligations so that they could plan, explore and exploit with some assurance that their capital was secure. One of the main reasons that the mining of bauxite did not begin in Jamaica until 1952 was that no legislational framework existed prior to 1947. The Jamaican dollar is tied to the US Dollar at a rate of J$35.00 to US$1.

Jan 1, 1998

By Northcutt Ely

My topic today is our Nation's interest in the minerals beneath the oceans. I will state what I think should be our objectives, the means available to attain these objectives, and the obstacles to their accomplishment. It is possible that as early as this year of 1969 our country must make policy decisions on this subject, and that these, once made, will be almost irreversible. Two factors are hastening an. early decision. First, the 1958 Convention on the Continental Shelf becomes eligible for amendment after June 10, 1969, if the Assembly of the United Nations so decides. Second, the United Nations has created a permanent committee of 42 nations, which was preceded by an ad hoc committee of 35 nations, to study the question of the peaceful uses of the seabed "beyond the limits of national jurisdiction. While these measures purport to deal with the creation of a regime to govern mineral development on the deep sea floor beyond the limits of the jurisdiction of the coastal nations, it has become clear that the urgent issue is the extent to which this future regime shall acquire jurisdiction over the mineral resources of the continental margin, and receive royalties therefrom. This brings the proposal into potential collision with the interests of the coastal nations under the 1958 Convention on the Continental Shelf, including, of course, the United States.

Jan 1, 1969

By S. Dempsey

Since its passage in 1872, the Mining Law has been modified on several occasions to meet the changing needs of America's society and economy. Despite its evolution, the Mining Law continues to be criticized as outdated. This paper briefly traces the major points in the history and evolution of western mining laws, and reflects on the current status of ongoing discussion to reform the 1872 Mining Law.

Jan 1, 1997

By David B. Cook, James R. Bieke

I. INTRODUCTION Lawyers are a cautious breed; and it might be expected that a paper concerning a broad and complex area of legal regulation, prepared by lawyers for presentation to a predominantly non-legal audience, would commence with several caveats. Ours are the following: First, we have written a broad (and, in some instances, simplified) overview of the regulatory system and of some of the more important requirements generally applicable to uranium mine and mill wastes in the United States. Our paper is not a legal opinion setting forth all of the governmental requirements that would have to be met by any particular mine or mill. Similarly, we do not imply that the requirements we mention are necessarily applicable to each and every mine and mill in the country; depending on the facts, some of the requirements may be inapplicable or avoidable through exemption or variance proceedings. Compliance decisions and strategies for particular facilities must be considered on a site-specific basis. Second, we have undertaken merely to describe the regulatory framework and some of the generally "applicable" requirements which have been promulgated and proposed by administrative agencies. We express no opinion on whether, under the U.S. Constitution and statutes, the existing and proposed agency regulations are valid in general or as applied to any particular mining or milling operation. There are, of course, procedures for judicial review of agency action; and newly promulgated environmental regulations have frequently been challenged, with varying degrees of success, before the courts. For us even to begin to consider such issues would expand an already forbiddingly long paper to totally unmanageable proportions. Third, in light of the subject of this Conference we have limited our paper to the legal framework and requirements applicable to uranium mine and mill "wastes" -- primarily mine overburden and waste rock and mill tailings (including waste tailings solution). We treat operating discharges (e.g., emissions from yellowcake drying) only peripherally. Fourth and finally, it is important to note that this paper, at least in so far as it concerns the specific requirements of particular regulations, will likely soon be out of date in some important respects. Despite

Jan 1, 1980

By Pan Eimon

She was young, beautiful, intelligent, virgin. Her name was Barbara and she captured the attention of many men, especially those in dangerous occupations. Her rich and doting father was hopeful of making an advantageous marriage for his daughter. Instead, she defied him, became a Christian, and refused to marry. Traumatized, he killed her and was himself struck dead by lightning. That is not the plot of a new soap opera. It is the melodramatic story of a Turkish teenager who was martyred in the third century but lives still as patron saint of mining. The story begins with a 20th century fact. Santa Barbara is a figment of imagination - perhaps based on an early oriental folk heroine, embroidered by a seventh century storyteller, and reworked by a ninth century Greek martyrologist. The authoritative Lives of the Saints reports: "There is ... Considerable doubt about the existence of a virgin martyr called Barbara and it is quite certain that her legend is spurious. There is no mention of her in the earlier martyrologies, her legend is not older than the seventh century, and her cult did not spread until the ninth." The Catholic Dictionary adds that the Barbara story is probably "a pious legend." Widely revered Santa Barbara was one of the most widely venerated saints of the Middle Ages. She became the patron, not only to miners, but also to artillerymen, engineers, architects, builders, stonemasons, gravediggers, and sailors. Mines, mountains, churches, and places bear her name. Barbara's feast day, Dec. 4, appears on the most ancient holy day calendars. And a Barbara festival is still celebrated throughout central Europe, in Spain, and in mining areas of Latin America on that date. The Pacific coast channel, the city, and the mission of California are named for Santa Barbara. An expedition, sailing that coast under Viscaino in 1602, was saved from shipwreck on Dec. 4 after the sailors prayed for Barbara's intervention. Franciscans gave her name to the modern Franciscan Province of Santa Barbara, which embraces six western states and the Philippine Islands. Barbara is intimately entwined with mining. The origins of both saint and profession are lost in an-

Jan 11, 1985

"One of the major issues that the Rare Earth Elements Mining Industry has to deal with is the legislation vacuum that exists in many countries around the world. Among these, are countries which have long history and tradition in mining. In many cases the lack of direct legislation for REE mine management as well as for other potentially polluting industries can be a barrier to sustainable development. Moreover, the case of lax legislation in China has led to environmental pollution problems and extended smuggling of rare earth elements. This paper looks into the current regulatory status on the mining of REEs, identifies the loopholes and suggests some elements for a new global legislation framework for sustainable development in the REE mining industry. The setting of this regulatory framework will be in line with the present and future challenges of the rare earths market as well as with the policy strategies that are defined internationally. The aim of such a legislative framework will be to strengthen the global rare earth elements supply chain, appease social concerns and ensure the preservation and conservation of the environment. INTRODUCTION The general public received their first introduction to rare earth elements (REEs) in 2010, when the previously inconspicuous commodities became the subjects of front-page headlines. It was when China created a furore in global high-tech markets after imposing an embargo on Japan following a minor marine dispute (Barakos et al. 2015b). Soon enough the Chinese embargo was extended on REE export restrictions all over the world and thus aroused concerns to many countries over potential supply disruptions. The world had suddenly realized that these wonder materials underpin products that they care about. Governmental and industry executives, policymakers and material scientists voiced concerns and conducted numerous reports stating the situation and the risks of a supply crisis. The price spike of 2011 intensified the crisis and the public turmoil, yet the drama did not last for long as the prices declined significantly in 2012. Nevertheless, the world was nonplussed by the fact that China has the total control of the market with more or less the 90% of the global production. More potential entrants became interested, thus initiating an exploration boom during the recent years that has resulted in a significant increase in known global REE reserves that could have potentials for exploitation."

Jan 1, 2016

By Steve Kral

The mining industry has waited a long time for the resurgence in commodity prices and demand for its products that it is now experiencing. Base and precious metals prices have reached levels not seen before. Coal prices have also shot up. And there are encouraging signs in the uranium market. China’s nearly out-of-control economic growth is said to be the leading driver for much of this resurgence. But demand for energy, metals and building materials in the United States and elsewhere are also major factors. The result is that expansions and new mines for nearly every commodity are in the works.

Jan 1, 2005

By M. Heger

February 2, 1999 marks a milestone in earth-moving technology at the San Miguel Lignite Mine. It was on that date that The North American Coal Corporation (NAC) took delivery of three Leica Dozer 2000 GPS grade control systems for use on its bulldozers. The primary reason for the purchase of these grade control systems was to prove that GPS technology could safely and economically be utilized on heavy equipment to assist operators in defining grades. If these properties were successfully demonstrated, the ultimate vision of the project was to expand the system to a point were GPS would become the primary means of providing grade control information to the mine’s heavy equipment operators. Twenty nine months and more than $500,000 later this vision was realized when the final bulldozer operating at the San Miguel Lignite Mine was equipped with Dozer 2000. Presently North American Coal has a total of nine Dozer 2000 GPS grade control systems at San Miguel providing cut and fill information to operators 24 hours a day. These grade control systems have allowed the San Miguel operation to increase safety, reduce costs, improve operator attitude, and better ensure environmental compliance. This article discusses both the nature of these benefits and some of the issues that had to be dealt with along the way.

Jan 1, 2002

By J. B. Gwiazda

S.S. Peng The highlights of this paper are: The shield supports with lemniscate links will exert a tangential force on the roof strata, causing unnecessary and harmful roof movements, thus damaging the roof structure. The principal source of the tangential force is the horizontal movement of the point O, the pivotal joint between the canopy and the caving shield. When the support height is changed during setting, the point O will move along a curve upward and rearward toward the gob. As a result, it produces a vertical movement, causing the roof to move up a distance of t d, and a horizontal movement toward the gob, creating vertical fractures in the roof. The major purpose for employing the lemniscate- link system is to protect the hydraulic legs against the action of the bending moments induced by the tangential force that causes deformation or destruction of the legs. Based on these two points, the author suggested that, in order to eliminate the harmful effects of the lemniscate-link system and strengthen its advantageous features, a shield support with a new design of that mechanism has been developed. With the new design, the conventional rigid lemniscate links are replaced by hydraulic rams. When the pressure inside the rams reaches a certain level, the ram will yield.

Jan 1, 1987

By S. Budirsky

J.B. Gwiazda's article deals with an interesting problem that has not been studied thoroughly up to now. Gwiazda has proposed a technical solution that eliminates horizontal load imposed by the supports on the roof. That load is due to a discrepancy between the trajectories of the canopy and the overlying strata. It is true that the improved lemniscate guidance system proposed by Gwiazda could eliminate the horizontal load but, on the other hand, it would represent a higher cost of the supports, and it would complicate the already complicated mechanism of powered supports. That is why we must be convinced that the proposed improvement is actually needed. From that point of view, the following questions should be elucidated. As shown in Fig. 1, the point O travels along the curve a, which produces horizontal load on the roof in the direction of the coal face. As stated by Gwiazda, "such a high load is capable of destroying the roof above the support, causing rock debris to be scattered around the face." The results of our measurements carried out in coal mines of the Czechoslovak part of the Upper Silesian Coal Basin show that the convergence in the modern type of powered supports does not exceed several millimeters (not more than 10) per hour. Similar conclusions were drawn from field measurements performed in the Polish part of the Upper Silesian Coal Basin (see S. Romanowicz and H. Szopka in Proceedings, Scientific and Technical Symposium Simmex '85, Katowice, Poland, pp. 73 -83). The small vertical closure of the supports also induces a small horizontal displacement of the canopy. In addition to this, the transmission of forces between the roof and the canopy is influenced by the layer of debris on it, i.e., the canopy slides without imposing a greater horizontal load on the roof. This was deduced from field measurements of Voest-Alpine F 4/4600 powered supports equipped with rams instead of the common front lemniscate links (denoted as 1 in Fig. 5). In these supports, the pressurizing of the space of piston rod (la in Fig. 5) causes the rams to close, which induces horizontal load on the roof in a direction toward the coal face. After the setting of a support unit, the pressure in the piston rod space was found to drop, frequently to zero, because the small horizontal sliding between the canopy and the debris or inside the debris caused the horizontal reaction from the roof to fall to zero, although the debris were pressurized by vertical setting load. As a consequence, there was no horizontal load imposed by the canopy on the roof. A rise of the horizontal load was recorded only after the passage of the shearer and during lowering of the adjacent units. Thorough information on the results of the afore- mentioned field measurement is given in the paper, "Analysis of the performance of shield powered supports installed in a thick seam," published in Mechanizacja i automatyzacja gornictwa, 1982, No. 12, pp. 38-46. An English translation of the paper is available from the author. We have deduced from our observations that horizontal load imposed by the canopy on the roof in the direction toward the coal face is useful for roof control because it limits the displacement of the immediate roof toward the gob particularly during the rise working. We came to the conclusion that horizontal load on the roof toward the coal face should be induced on purpose. Could Mr. Gwiazda prove with the results of field measurements his contrary opinion? Has the small horizontal displacement of the canopy toward the face actually had an adverse effect on the roof? As shown in Fig. 2, during the setting of a support unit, the canopy imposes a horizontal load on the roof in the direction of the gob. In this case, I share Gwiazda's opinion that the horizontal load could have an adverse effect on the roof. Nevertheless, two important circumstances were neglected - the horizontal compliance of the supports and the interaction of adjacent units. The question of the compliance was analyzed precisely by I. Krumnacker in Gluckauf -Forschungshefle, 1984, NO. 5, pp. 219-223. He found that due to the clearance between the hinge pins and the eyes of the sheild and due to the elasticity of the steel structure,

Jan 1, 1988

By J. B. Gwiazda

In regard to the paper by J.B. Gwiazda, it makes a highly technical approach to show that the .u factor used by designers of lemniscate-guided roof supports has never really been confirmed as a maximum and assumes that convergence is vertical. Also, the paper does not appear to take into account deflection of structures, which occurs when the lemniscate and base members are fully loaded to their maximum stress level, nor the front to back line of the support in relation to differential roof to floor movements caused by strata movements under pressure. It is not unusual for differential movements to be slightly diagonal to the line of the support, particularly in faulted areas and on gradient faces. The paper also does not take into account consolidation of fines immediately above and below the support. Generally speaking, any differential movement is from face to waste and under these conditions the .u of 0.3, which appears to be an international standard, has worked in practice. However, if the face end of the support is lower than the waste end, then the µ of 0.3 can be considerably increased, giving rise to the damage mentioned in the paper. The ideal design should aim for a slightly forward bias in the lemniscate guide so that the last increment of setting is toward the face, tending to close any fissures that may have developed during the support advance cycle. The support should also be fitted with positive set valves to ensure that a high setting load density is attained to minimize bed separation. As far as powered supports are concerned, convergence is irresistible and all powered supports converge at their rated yield load. A similar principle can be applied to the differential roof to floor movements to drastically reduce the very high forces that would otherwise be applied to the lemniscate structures and pins and that, in turn, are transferred to the base arrangement and floor loading. Any differential movements are usually catered for by the 0.3 µ factor or deflection of structures in the lemniscate guide arrangement and consolidation of the floor. The floor loading, due to differential movement, is in addition to the support convergence load and requires additional bearing area to avoid possible floor penetration. Some seven years ago, Fletcher Sutcliffe Wild Ltd. (FSW) introduced a lemniscate-guided shield support where the lemniscate linkage is connected to the roof bar through two horizontally converging rams to allow differential movement to take place above a given rated figure. This is a known force and can be guarded against, whereas with rigid connections the forces, as yet, are unconfirmed. By careful design, a horizontal force in excess of 6 MN (60 tons) opposes differential movements for a total ram loading of only 2.5 MN (25 tons), or 1.25 MN (12% tons) each. This principle can considerably reduce the length and weight of the support in comparison with a rigid pin-type structure; also, the yield load rating can be increased without affecting the lemniscate forces. The graph shows the tensile and compressive forces in a lemniscate linkage of a support with and without hydrostore. These forces react into both the roof beam and base members and, as can be seen from the support height to linkage load graph, a considerable reduction in these reactions is gained by the use of the FSW patented hydrostore system. Floor loading is considerably reduced under maximum µ conditions, and by allowing the roof bar to move with the strata, some degree of improvement to strata control is achieved in line with the assumptions in the paper. In practice, these movements have only been in the region of a few millimeters, which, in turn, reflects on the improvements to strata control by the addition of positive set valves.

Jan 1, 1987