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If material damage results from subsidence <br />caused by underground coal mining <br />operations to any occupied residential <br />dwelling and related structures or any <br />noncommercial building, the operator of the <br />underground coal mining operations <br />conducted on or after Apri17, 1995, shall <br />either: <br />(A) Promptly repair the damage by <br />rehabilitating, restoring, or replacing the <br />damaged occupied residential dwelling <br />and related structures or noncommercial <br />building; or <br />(B) Compensate the owner of the damaged <br />occupied residential dwelling and related <br />structure or noncommercial building in <br />the full amount of the diminution in <br />value resulting from the subsidence. <br />Section 34-33-121(2)(a)(II)(A)-(B), C.R.S. 2005. <br />The applicable regulation of the Colorado Mined Land <br />Reclamation Board for Coal Mining provides that a coal mining <br />operator who causes material subsidence damage to a residential <br />dwelling must either "[p]romptly repair, rehabilitate, restore, or <br />I <br />replace damaged occupied residential dwellings" or "[c]ompensate <br />the owner of the damaged occupied residential dwelling ... in the <br />full amount of the diminution in value resulting from the <br />__ ;. ~ -subsidence." Mined Land Reclamation Bd. Reg. 4.20.3(b)(i)-(ii), 2 _ _ <br />_ _ ::.,.Code Colo. Regs. 407-2 (2003). <br />is <br />