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appropriate uses they were capable of supporting before subsidence, to the <br />extent technologically and economically feasible. <br />(b) (I) Promptly repair, rehabilitate, restore, or replace damaged <br />occupied residential dwellings and related structures or <br />noncommercial buildings; or <br />(b) (ii) Compensate the owner of the damaged occupied residential <br />dwelling and related structure or noncommercial building in the full <br />amount of the diminution in value resulting from the subsidence. <br />Compensation may be accomplished by the purchase, prior to <br />mining, of a noncancellable, premium-prepaid insurance policy. <br />The Mautz' description of surface impacts of subsidence include: <br />• A spring no longer surfaces at a location where water collection improvements had been <br />made. <br />• Roads are impassable because of subsidence cracks. Road drainage has been altered by <br />cracking. <br />• A cabin has been damaged by subsidence. <br />• Subsidence has initiated land slides. A drill pad on the top of Jumbo Mountain has slid <br />approximately 150' down the mountain. <br />• A surveyed property boundary fence has slid down slope damaging the fence and moving <br />off the survey line. <br />• The area of Muffler Rock has started active sliding caused by subsidence resulting in a <br />danger to the public, livestock, and property. <br />• The value of the property has been reduced as evidenced by real estate appraisals. <br />• The Mautz' have also claimed that the cracks and slides are pervasive enough that they <br />have canceled horse pack trips into the area and they are afraid to run livestock into the <br />area; both are sources of their livelihood. Grazing is an identified post-mining land use. <br />The complaint further alleges what appears to be a violation of Colorado Rule 2.03.6(1): <br />Each application shall contain a complete and detailed legal description of the <br />proposed permit boundary, a description of the documents upon which the <br />applicant bases his or her legal right to enter and begin surface coal mining <br />operations in the permit area, and a statement as to whether that right is the subject <br />of pending litigation. The description shall identify those documents by type and <br />date of execution, identify the specific lands to which the document pertains, and <br />explain the legal rights claimed by the applicant. <br />The Mautz' allege that MCC constructed an underground development waste bank on their <br />property without their consent. In doing so, MCC also destroyed a road. <br />