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Section <br />[Code of Federal Regulations] <br />[Title 30, Volume 3] <br />[Revised as of July 1, 2001] <br />From the U.S. Government Printing Office via GPO Access <br />(CITE: 30CFR817.121] <br />~ _.___ _ [Page 354-357] <br />TITLE 30--MINERAL RESOURCES <br />CHAPTER VZI--OFFICE OF SURFACE <br />MINING RECLAMATION <br />AND ENFORCEMENT, DEPARTMENT OF <br />THE INTERIOR <br />Page 1 of 4 <br /> <br />PART 817--PERMANENT PROGRAM PERFORMANCE STANDARDS--UNDERGROUND MINING ACTIVITIES--Ta <br />Sec. 817,121 Subsidence control. <br />(a) Measures to prevent or minimize damage. (1) The permittee must <br />Zither adopt measures consistent with known technology that prevent <br />subsidence from causing material damage to the <br />[[Page 355]] -~~ <br />extent technologically and economically feasible, maximize mine <br />stability, and maintain the value and reasonably foreseeable use of <br />surface lands or adopt mining technology that provides for planned <br />subsidence in a predictable and controlled manner. <br />(2) If a permittee employs mining technology that provides for <br />planned subsidence in a predictable and controlled manner, the permittee <br />must take necessary and prudent measures, consistent with the mining <br />method employed, to minimize material damage to the extent <br />technologically and economically feasible to non-commercial ,buildings <br />and occupied residential dwellings and structures related tk~ereto except <br />that measures required to minimize material damage to such structures <br />are not required if: <br />(i) The permittee has the written consent of their owners or <br />(ii) Unless the anticipated damage would constitute a threat to <br />health or safety, the costs of such measures exceed the anticipated <br />costs of repair. <br />(3) Nothing in this part prohibits the standard method of room-and- <br />pillar mining. <br />(b) The operator shall comply with all provisions of the approved <br />subsidence control plan prepared pursuant to Sec. 784.20 of this <br />chapter. <br />(c) Repair of damage--(1) Repair of damage to surface lands. The <br />permittee must correct any material damage resulting from subsidence <br />caused to surface lands, to the extent technologically and economically <br />feasible, by restoring the land to a condition capable of maintaining <br />the value and reasonably foreseeable uses that it was capable of <br />supporting before subsidence damage. <br />(2) Repair or compensation for damage to non-commercial buildings <br />and dwellings and related structures. The permittee must promptly <br />repair, or compensate the owner for, material damage resulting from <br />subsidence ca used .to any non-commercial building or occupied residential <br />dwelling or structure related thereto that existed at the time of <br />mining. If repair option is selected, the permittee must fully <br />rehabilitate, restore or replace the damaged structure. If compensation <br />http://a257.g. akamaitech.net/7/25 7/2422/04nov2003 1 5 00/edocket. access.gpo.gov/cfr_2001... 1 /17/2007 <br />