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standard that requires underground coal mine operators to prevent <br />subsidence from causing material damage to surface lands to the <br />extent technologically and economically feasible. State Rule <br />4.20.2 requires that public notice be provided to all surface <br />owners at least 6 months before their property is undermined by <br />an underground coal mine. State Rule 4.20.3 provides surface <br />owner protection from material damage caused by subsidence. <br />Under this rule, a coal mine operator must implement all of the <br />measures in the subsidence control plan in order to minimize or <br />prevent subsidence from causing material damage to surface lands. <br />If material damage caused by subsidence does occur, this rule <br />requires the coal mine operator to compensate the owner of the <br />damaged structure or land feature by replacing, rehabilitating, <br />restoring, or purchasing the damaged structure or land in <br />question. <br />In its response to the TDN, on page three, DMG admitted that <br />Basin had violated the public notice provisions at State Rule <br />4.20.2 and had been issued State notice of violation C-93-115 on <br />August 13, 1993, for that violation. DMG asserted, however, that <br />the violation had been corrected and that the State NOV had been <br />terminated on November 11, 1993, prior to the filing of the <br />citizen's complaint by the Tatums. DMG further asserted that <br />since no subsidence had occurred under the Purgatoire River AVF <br />(and hence under the Tatum property), Basin had not violated any <br />other aspect of State Rule 4.20. <br />27 <br />