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<br />Page 313 <br />Section 4.20.2 <br />beneath his or her property or residence. The notification shall contain, in <br />minimum: <br />(1) Identification of specific azeas in which mitring will take place; <br />(2) Dates of mining activities that could cause subsidence and affect specific <br />structures; and <br />(3) Measures to be taken to prevent or control adverse surface effects. <br />4.20.3 Surface Owner Protection. <br />121(2)(a)(n (1) Each person who conducts underground mining activities shall adopt all <br />measures of the subsidence control plan approved by the Division to <br />reduce the likelihood of subsidence, to prevent subsidence from causing <br />material. damage or reducing the value or reasonably foreseeable use of <br />surface lands, and to mitigate the effects of any such damage or <br />reduction which may occur. <br />t2t(2)(a)(In (2) Each person who conduce underground mining activities which result <br />in subsidence that causes material damage or reduces the value or <br />reasonably foreseeable use of surface lands shall, with respect to each <br />of the following surface areas or uses affected by subsidence: <br />(a) Promptly restore or rehabilitate any renewable resource lands for <br />which the value or reasonably foreseeable use has been reduced or <br />which have been materially damaged. Such lands shall be restored <br />or rehabilitated to a condition capable of maintaining the value and <br />reasonably foreseeable and appropriate uses they were capable of <br />supporting before subsidence, to the extent technologically and <br />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 />(ii) Compensate the owner of the damaged occupied residential <br />dwelling and related structure or noncommercial building in <br />the full amount of the diminution in value resulting from the <br />subsidence. Compensation may be accomplished by the <br />purchase, prior to mining, of a noncancellable, premium- <br />prepaid insurance policy. <br />121(2)(a)(lIn (c) Nothing in 4.20.3 shall be deemed to grant or authorize an <br />exercise of power of condemnation or the tight of etninent domain <br />by any person engaged in underground mining activities. <br />