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- ~ -- III Iillllllllllllll 999 RXpl.JINAT ION n The proposed amendments reflect couun!vn.s forwarrler7 6y the Office of Surface Ffining. The amended subsidence reyulnti.on consists of four component phases. The first phase requires each applicant to submit an inventoru_ n( their permit and adjacent area to delineate existing structures and renewable resource lands. Zf no such structures or lands exist, the applicant need not submit any additional information under this section. If structures or renewable resource lands are determined to exist, the applicant proceeds to phase two of the amended regulations. The second phase of the amended subsidence regulation is the preparation of a description of "the worst possible consequences which subsidence, if it occurred, could have for structures and renewable resource lands". The regulation contains guidelines fot conducting an analysis of "material damage" and "diminution of reasonably foreseeable use", in order to assist t/re applicant in completing the required determination. if the applicant determines that the worsC case situation,would not cause material damaye or diminution of reasonably foroseeable use,'the application must include a subsidence monitoring program designed to verify that conclusion. If the application determines that the worst case situation could result .in damaye or diminution, the applicant has the option for preparing either a subsidence survey or sol.histicated subsidence control plan. ' The third phase of the amended subsidence regulation consists of the preparation of a subsidence survey, including de tailerl subsidence prediction. The survey also includes a prediction of material damage and diminution of reasonably foreseeable use of structures or renr_t.•ahle resource land which occurs within the permit and adjacent area. Zf the applicant concl odes that suhsi dente will not cause such damaye or diminution and the Division concurs with that conclusion, the application must include a subsidence monitor.r:ny program to verify the applicants conclusion. If the applicant dr. ~erminrs That such damaye oc rli mi notion couLl occur in the event of subsirlcnec, Urr~ application mu:;t inc.ludc a sophistieatcri subsidence control plan. The fourth and final comlx>nent phase of this amended subsidence regulation, is the preparation of a subsidence control plan. The requirements of the subsidence control plan remain unaltered from the original proposed regulation. The subsidence regulation olso includes spec.i f.ic sCn nrln rds for the desi yn of a subsidence monitoring prnyc,rm. nn~r appl..icant who identifies .^,ttucCUres or renewable resource Lands w.i.th.in the permit and adjacent area, but predicts that no material damaye or dim.imrtion of mnsnnnizl.y foresr~eaLle use will occur, is required to verify Chat predi.etion. if a subsidonce mnnitor.iny program determines that the applicant's prediction was inaccnratc, the applicant is 1. hen required to prr.•pare a detailed subsidence control plan. 1 r