Laserfiche WebLink
IBIA.96-90, 96-91 <br />their State equivalents. Section 720 (a) of SMCRA provides, in relevant <br />part, that: <br />r*•+~Pro*'*'~n'+~ coal mining operations corrected after <br />October 24, 1992, shall carQly with * * * the follaaing <br />. ~i;Yxarwnts: . <br />(1) PLCIiQtly repair, or ooRpetl„ate for, material damage <br />resulting fran subsidence caused to any occupied residential <br />dwelling and structures related thereto * * * due to under- <br />gmin~d coal mi ni na operations . REga'Lr' of dams9e shall include <br />rehabilitation, restoration, or replant of the damaged <br />occupied residential dwelling and structures related thereto <br />* * * . Carpemsation shall be p~rvvi.ded to the owner of the <br />damaged-occupied residential-dwellitxl-aryl-structures. related ... .... <br />"thereto`.* * *' and*shall~be' iri~ the 'full ~~-ntmt: of• the diminution <br />in value resulting fmn the subsidence. <br />30 U.S.C. § 1309a(a)(1) (1994). 1b the same effect is 30 C.F.R. <br />§ 817.121 (c) (2) . <br />"Material damage" is defined, in relevant part, as "[a]ny significant <br />change in the condition, arr~,an,-a or utility of arry structure * * * fmn <br />its pre-subsidence condition." 30 C.F.R. § 701.5. The applicable State <br />regulatimz, 2 Colo. Code Regs. § 4.20.3(2) (1991), specifically provides, <br />in pertinent part, that: <br />Each person who conducts rmdergrrnuri mining activi- <br />ties which result in subsidence that causes material damage <br />* * * shall, with respect to each surface area affected by <br />subsidence: <br />(a) Restore; rehabilitate, or xarnve aryl replace each <br />dat[aged structure * * * pru~Qtly after damage is suffered, to <br />the oondition it would be as if no subsidence had occun.•ed <br />(b) Purchase the damage3 structure * * * for its fair <br />mar9aet, presubsidence value * + *; or <br />(c) Each 'person who ocmducts undergnoiuri mining <br />activities will ca[Qaisate the owner of arry surface struc- <br />ture in full amamt of the diminution in value resulting <br />fran subsidence * * *. <br />LNG ccmcluded, with the concurrence of C1.4N, that sRl's First North <br />Main t,rv9P,~rr„r,ri wOrIC3I1gS had not caused arry damage to appellants' house <br />as a result of mine subsidence. (letter to OSM, dated Ppb. 23, 1995, <br />at 1; Letter to OSM, dated Aug. 23, 1995, at 1; Recision, dated Sept. 18, <br />1995, at 1-2.) LNG based its cca~clusion on the opinion of its expert, <br />151 i>3L~ 303 <br />~•~ <br />