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aecuon Pace 2 of 4 is selected, the permittee must compensate the owner of the damaged structure for the full amount of the decrease in value resulting from the subsidence-related damage. The permittee may provide compensation by _ the purchase, before mining, of a non-cancelable premium-prepaid insurance policy. The requirements of this paragraph apply only to _ -~ subsidence-related damage caused by underground mining activities ~~ conducted after October 24, 1992. ~~ (3) Repair or compensation for damage to other structures. The permittee must, to the extent required under applicable provisions of State law, either correct material damage resulting from subsidence caused to any structures or facilities not protected by paragraph (c)(2) of this section by repairing the damage or compensate the owner of the structures or facilities for the full amount of the decrease in value resulting from the subsidence. Repair of damage includes rehabilitation, restoration, or replacement of damaged structures or facilities. Compensation may be accomplished by the purchase before mining of a non- cancelable premium-prepaid insurance policy. (9) Rebuttable presumption of causation by subsidence--(i) Rebuttable presumption of causation for damage within angle of draw. If damage to any non-commercial building or occupied residential dwelling or structure related thereto occurs as a result of earth movement within an area determined by projecting a specified angle of draw from the outermost boundary of any underground mine workings to the surface of the land, a rebuttable presumption exists that the permittee caused the damage. The presumption will normally apply to a 30-degree angle of draw. A State regulatory authority may amend its program to apply the presumption to a different angle of draw if the regulatory authority shows in writing that the angle has a more reasonable basis than the 30- degree angle of draw, based on geotechnical analysis of the factors affecting potential surface impacts of underground coal mining operations in the State. (ii) Approval of site-specific angle of draw. A permittee or permit applicant may request that the presumption apply to an angle of draw different from that established in the regulatory [[Page 356]] program. The regulatory authority may approve application of the ~ presumption to a site-specific angle of draw different than that contained in the State or Federal program based on a site-specific analysis submitted by an applicant. To establish a site-specific angle of draw, an applicant must demonstrate and the regulatory authority must determine in writing that the proposed angle of draw has a more reasonable basis than the standard set forth in the State or Federal program, based on a site-specific geotechnical analysis of the potential surface impacts of the mining operation. (iii) No presumption where access. for pre-subsidence survey is denied. If the permittee was denied access to the land or property for the purpose of conducting the pre-subsidence survey in accordance with Sec. 784.20(a) of this chapter, no rebuttable presumption will exist. (iv) Rebuttal of presumption. The presumption will be rebutted if, for example, the evidence establishes that: The damage predated the mining in question; the damage was proximately caused by some ether factor or factors and was not proximately caused by subsidence; or the damage occurred outside the surface area within which subsidence was I actually caused by the mining in question. (v) Information to be considered in determination of causation. In any determination whether damage to protected structures was caused by J subsidence from underground mining, all relevant and reasonably available information will be considered by the regulatory authority. http://a257.g.akamaitech.net/7/257/2422/04nov20031500/edocket. access.gpo.gov/cfr_2001... 1 / 17/2007