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' "' <br />Carmen Kuhns -2- luly 6, 1995 <br />mine subsidence. You questioned what protections for any future structures you may <br />build on your property are afforded you as a landowner under Colorado Law. <br />Section 2.05.6(6) of the Regulations of the Colorado Mined Land Reclamation Board for <br />Coal Mining requires mining companies to include in their applications for mining <br />permits the following items: 1) an inventory, description, and location of all structures <br />within the proposed permit area and the adjacent area, 2) a description of the worst <br />possible consequences which subsidence, if it occurred, could have for those structures, <br />3) a determination of whether the proposed subsidence could cause material damage or <br />diminution of the reasonably foreseeable use of such structures, 4) a description of a <br />proposed subsidence monitoring program, if necessary, 5) a subsidence survey, if <br />necessary, and 6) a subsidence control plan, if necessary. <br />Section 4.20.3 of the Board's Regulations goes on to require mining companies to: <br />"adopt all measures of the subsidence control plan approved by the Division to <br />reduce the likelihood of subsidence, to prevent subsidence from causing material <br />damage or reducing the value or reasonably foreseeable use of surface lands, and <br />to mitigate the effect of any such damage or reduction which may occur." <br />With regard to your concern with protecting any water or water wells that you may <br />develop on your property in the future, Section 3433-111(1)(m) of the Colorado Surface <br />Coal Mining Reclamation Act states: <br />Each reclamation plan submitted as part of a permit application pursuant to this <br />article shall include, in the degree of detail necessary to demonstrate that <br />reclamation required by this article can be accomplished,...a detailed <br />description of the measures to be taken during the surface coal mining and <br />reclamation operations to assure the protection of.• <br />(1) The quality of surface water and groundwater systems, both on-site and <br />offsite, from adverse effects of the surface coal mining and reclamation <br />operations; <br />(2) The rights of present users to such water; and <br />(3) The quantity of water in surface and groundwater systems. Protection <br />measures may include providing water by exchange, substitution, <br />replacement, or augmentation, as appropriate under State law. <br />Additional water protection language may be found in Sections 2.04.7(3) and 4.05.15 of <br />the Board's Regulations. As I mentioned, our Law and Regulations are available from <br />our office at a cost of $14.00. <br />