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Section
<br />(5) Adjustment of bond amount for subsidence damage. When
<br />subsidence-related material damage to land, structures or facilities
<br />protected under paragraphs (c)(1) through (c)(3) of this section occurs,
<br />or when contamination, diminution, or interruption to a water supply
<br />protected under Sec. 817.91 (j) occurs, the regulatory authority must
<br />require the permittee to obtain additional performance bond in the
<br />amount of the estimated cost of the repairs if the permittee will be
<br />repairing, or in the amount of the_decrease in_yalue if the permittee
<br />will be compensating the owner, or in_the amount of the estimated cost
<br />to replace the protected water supply if the permittee will be replacing
<br />the water supply, until the repair, compensation, or replacement is
<br />completed. If repair, compensation, or replacement is completed within
<br />90 days of the occurrence of damage, no additional bond is required. The
<br />regulatory authority may extend the 90-day time frame, but not to exceed
<br />one year, if the permittee demonstrates and the regulatory authority
<br />finds in writing that subsidence is not complete, that not all probable
<br />subsidence-related material damage has occurred to lands or protected
<br />structures, or that not all reasonably anticipated changes have occurred
<br />affecting the protected water supply, and that therefore it would be
<br />unreasonable to komplete within 90 days the repair of the subsidence-
<br />related material damage to lands or protected structures, or the
<br />replacement of protected water supply.
<br />(d) Underground mining activities shall not be conducted beneath or
<br />adjacent to (1) public buildings and facilities; (2) churches, schools,
<br />and hospitals; or (3) impoundments with a storage capacity of 20 acre-
<br />feet or more or bodies of water with a volume. of 20 acre-feet or more,
<br />unless the subsidence control plan demonstrates that subsidence will not
<br />cause material damage to, or reduce the reasonably foreseeable use of,
<br />such features or facilities. If the regulatory authority determines that
<br />it is necessary in order to minimize the potential for material damage
<br />to the features or facilities described above or to any aquifer or body
<br />of water that serves as a significant water source for any public water
<br />supply system, it may limit the percentage of coal extracted under or
<br />adjacent thereto.
<br />(e) If subsidence causes material damage to any of the features or
<br />facilities covered by paragraph (d) of this section, the regulatory
<br />authority may s~spend mining under or adjacent to such features or
<br />facilities until the subsidence control plan is modified to ensure
<br />prevention of further material damage to such features or facilities.
<br />(f) The regulatory authority shall suspend underground mining
<br />activities under urbanized areas, cities, towns,
<br />[[Page 357]]
<br />and communities, and adjacent to industrial or commercial buildings,
<br />major impoundments, or perennial streams, if imminent danger is found to
<br />inhabitants of the urbanized areas, cities, towns, or communities.
<br />(g) Within a schedule approved by the regulatory authority, the
<br />operator shall submit a detailed plan of the underground workings. The
<br />detailed plan shall include maps and descriptions, as appropriate, of
<br />significant features of the underground mine, including the size,
<br />configuration, and approximate location of pillars and entries,
<br />extraction ratios, measure taken to prevent or minimize subsidence and
<br />related damage, areas of full extraction, and other information required
<br />by the regulatory authority. Upon request of the operator, information
<br />submitted with t~e detailed plan may be held as confidential, in
<br />accordance with the requirements of Sec. 773.6(d) of this chapter.
<br />[98 FR 29652, Juine 1, 1983, as amended at 60 FR 16749, Mar. 31, 1995; 65
<br />FR 79670, Dec. 19, 2000]
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