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30 Gat Ch. V!1 (7-1-33 Edition) (d) IInderground taming activities shaLL not be conducted beneath or ad- )acent to (1) public buildings and fa- cilities; (2) churches. schools, and Las- pitals, or (3) impoundments with a storage capacity of 20 acre-feet ar sore or bodies of water with a volume of 20 acre-feet or more, unless the sub- sidence control Dlan demonstrates that subsidence will not cause material damage to, or -reduce the reaso»ably foreseeable use of, such teatulrs or fa- cilities. If the regulatory authority de- termines that it is necessary in order t0 minimion the potenttal fOr Irlat¢rial datnsge Lo the features or Ixt7ities de- scribed above or to any aquifer or body of water that serves as a sigtlifi- caht water source tar any public water supply system, it may limit the per- centage of coal extrxted under or ad- Iacentthereto. (e) If subsidence causes tnaterlai damage W any of the features or fa- cilities covered by paragraph (d) of this section, the regulatory authority may SUSpCIId In1213I1g Under OI adjaeeIIt to such features or facilities unto the subsidence control plan is modified to ensure prevention o[ further m~tariat damage to such features or facilities. (I) The regulatory authority shall suspend underground mining activities under urbanized areas, dues, Lawns, and communities, and adlacent to in- dustrial - or commercial., buIIdinga ma;or impoundments, oe perennial streams, if tttrminent danger is found to inhabitants of the n~~~t+nd areas, dries. towns. or communities. (H> Within a schedule approved by Lhe rr vuulatory authority,. the oDeratot shall submit a detalled plan of the un- derground workings. The detaffed play shall include maps and descriptions, as appropriate. of aigaiflcant features Of the underground mine, including the size. pnfiguratian. ~ and approximate location of pillars and entries, extrae- ~tion :stios, measure taken to prevent of minimioe subsidence and related damage,. aeeas a[ full esttactlon, and other information required by the reg- ulatory authority, IIDOn request of the . operator, information submitted with the detailed plan tnay be held as cotlfi• iential, is accordabce with the re- luirements of § 773.13(d) of this chap- er. gorfxs Mining Radamafion and l:aforcamenf, inferior § 3i7-L3^7 (48 FR 39852. June 1. 1983. az amended at 3817.132 Cessation of operations: pew 52 FR 4868. F'eb. 17..19871 rtent 3817.122 Sabeidenee eontroL• ~Pnblie aoliR At least 8 months prior to mitihtg, or within that period if approved by the regulatory authority, the underground mine operator shall coati a notification to all owners and occupants of surfxe property and structures above the un- derground workings. The notitcation shall include,. at a tninimlrtn. ideatifL cation - of .specific areas )n which m;n;nv will take place, dates that spe- cific areas will be undermined. and the location or locations where the opera- tor's subsidence rnntrol plan may be examined [}8 PR 29652 June 1. 1983] 9817.131 Caseation of operations: Tempo- rary. <a) Fach person mho conducts under- ground mining aetivities shall effec- tively support and maintain all sutlxe accei5 openings to underground oper- ations, and secure surface facilities in areas in which there are ao current operations, but operarions are to be re- sumed under an approved permit Temporary abandonment-stall not re- Leve aperson of Lis or her obligarion t0 comply with any Provisions a[ the approved Permit (b) Before temporary cessation of mining and ree!3:=lion operrtiona for a period of thirty days or more, or aS soon as it is known that a temporary cessation will extend beyond 30 days, each person who conducts under ground mining act(vlries shall submit to the regulatory authority a notice of intenticn to cease or abahdon oper- ations This tlottce stall include a statement of the exact number of sur- face acres sad the harizontal and ver- tical extent of sub•surtace strata which Lave been fn the permit area prior to cessation or abandonment, the extent sad kind' Of rPri9m~rion Of sur- face area which will have been accom- plished, sad ldentificarion of rile bac)c- fillln$, regrading, tevegetation. envi- ronmental monitoring. lmderrpotmd opening closures and water treatment activities that w111 continue during the temporary cessation 327 (a) The person who conducts under- ground mixing xtlvities shall close or 6ackfill Or otherwise permanently re- claim all affected areas, in accordance with this Chapter and according to the permit approved by the regulatory au- thority. (b) All surfxe equipment, struo- lutes, or other facilities not required for continued underground mining as tivities and monitoring, unless ap- proved as suitable for the posttnining land use or environmental monitoring, shall be removed and the a[fected lands reclaimed. § 817.17.7 Pmtmining land ase (a) General All disturbed areas shall be restored in a timely manner Lo con- ditions that are capable of suDDOrf ing- (1) The uses they were capable of supportlnB before any mining; or (2) Higher or better uses. (b) DeternLinin9 premininD was of fared: The Premining uses of land to which the Do~r^+intno land use is com- pared shall 6e those uses which the land previously supported, it the land has not been previously maned and has been properly tira-iaged. The Dostmin- in6 land use for ]and that has been previously mined and not reclaimed shall be fudged on the basis of the ]and use that existed prior to nay mining-. provided Heal u the ]and Cannot be reclaimed to the Land use that existed prior Co any minin6 be- cause of the previously mined condi- tion, the postmtning ]and use stall be judged on the basis of the highest and best use that can be achieved which is compatible with surrounding areas and does not require the disturbance o[- areas Drevtously unaffected by ruining. ~. (c) Criteria for alternatiae postmin- in9 Land ores Hither or better uses may be approved by the regulatory au- thority as alternative pn<tm;ning land uses after wt7sultatfon with the land- owner or Lhe ]and management agency having jurisdiction over the lands, tt the proposed uses meet the following criteria: