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:C:--0~-19`+~ 10~27FaM FROM J. E. STOI'EF' ~ r+=.•=ir=1.,TE': Tai 1?009202754150 P.02~ <br />Page 347 <br />Section 4,20,3 <br />4,20.3 Surface Owfler Protection. <br />121(2) (a) (1) Ead~ person who conducts underground wining <br />activities shall adopt ail measures of the slrbsld ce control <br />plan approved by the Division to reduce the 1Uce1 ihood of <br />subsidence. to prevent subsidence from cousin material damage <br />ar reducing the value or reasa~ably foreseeable use Of surface <br />lands, and to atitigate the effects of any such damage or <br />redaction which aay occur. <br />(2) Eadi persm who convects underground wining <br />activities rhich result 1n subsidence that causes material <br />damage or radices the value or reasonably foreseeable use of <br />surface lands shall, wi th respect to each surface area affected <br />by subsidence: <br />(a) Restore, reha5il hate. or remove and replace <br />each damaged structure, feature or value, pro~aptly after damage <br />is suffered. to the condition it could be as if no subsidence <br />had occurred an4 reasonably foreseeable uses it was capable of <br />supporting before subsidence; -- <br />(b) Purchase the damaged structure or feature for <br />its fair market, pres-bsidence value and shat] proAptly after <br />subsidence occurs. to the extent technologically and <br />economically feasible, restore the land surface to a condition <br />apable and appropriate of supporting tht Wrd-ased structure, <br />and other foreseeable uses it was capable of supporting before <br />wining. Ho thing in 4.20.3 shall be deemed to grant or authorize <br />en exercise of paver of cmdewnation ar the rt ght of eatinent <br />d~wain Dy any person engaged in underground wining activities; or <br />(c) Each person -bo conducts underground mining <br />activities will cowDensate the amen of any surface structure in <br />full amount of the diminution in value resul tiny fro®' <br />subsidence, by purchase prior 1A mining of a noncancelab]e, <br />premlw prepaid Insurance policy or other aeons approYed bar the <br />Division as assuring beibre mining begins that payment will <br />occur; indelmify every person with an interest in die surface <br />for all damages suffered as a resin t of subsidence; and, ip the <br />extent technologically and eca-oraically feasible, fully restore <br />the land to a condition capable of aaintaining reasonably <br />foreseeable uses Which it could support before subsidence. <br />R~CEit(F~ <br />r <br />~~,- ,ten;,.., ~,... <br />~.w~}.. ..:i <br />Faso: •co ~~.: y., <br />