WILLIAM DONALD SCHAEFER, Governor Ch. 481

(I) ALL LANDS OWNED BY THE STATE;

(II) PUBLIC PROPERTY INCLUDING ROADS, BRIDGES,
STREAMS, RIVERS, AND WATER IMPOUNDMENTS;

(III) COMMERCIAL BUILDINGS;

(IV) NONCOMMERCIAL BUILDINGS USED BY THE

PUBLIC;

(V) DWELLINGS;

(VI) OTHER FUNCTIONAL STRUCTURES UNABLE TO

WITHSTAND SUBSIDENCE DAMAGE WITHOUT ENDANGERING THEIR INTENDED
PURPOSE; AND

(VII) ALL LANDS WHERE THE DEPARTMENT DETERMINES
THAT SUPPORT IS NECESSARY IN ORDER TO PREVENT UNAVAILABLE ADVERSE
IMPACTS TO THE WATER RESOURCES OF THE STATE.

(2) A SUPPORT AREA NEED ONLY BE PROVIDED FOR

STRUCTURES OR PROPERTIES IN EXISTENCE AT THE TIME THE PERMIT IS
ISSUED.

(B) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY AREA
IF THE OWNER OF THE STRUCTURE OR THE APPROPRIATE STATE OR LOCAL
GOVERNING BODY SUBMITS TO THE DEPARTMENT A WRITTEN CONSENT TO A
WAIVER OF SUBSIDENCE PROTECTION REQUIREMENTS.

(C) THE DEPARTMENT SHALL ESTABLISH STANDARDS IN REGULATIONS

TO IDENTIFY MINIMUM REQUIREMENTS FOR SUPPORT AREAS. THE

DEPARTMENT SHALL ADOPT REGULATIONS TO PROTECT AGAINST, PREVENT,
OR CORRECT MATERIAL DAMAGE DUE TO SUBSIDENCE.

7-5A-05.2.

(A)  NOTHING IN THIS SUBTITLE SHALL BE CONSTRUED AS
AFFECTING THE RIGHT OF ANY PERSON TO ENFORCE OR PROTECT THAT
PERSON'S INTEREST IN WATER RESOURCES AFFECTED BY DEEP MINING.

(B)  THE OPERATOR OF A DEEP MINE SHALL REPLACE THE WATER
SUPPLY OF AN OWNER OF INTEREST IN REAL PROPERTY WHO OBTAINS ALL
OR PART OF THE OWNER'S SUPPLY OF WATER FOR DOMESTIC,
AGRICULTURAL, INDUSTRIAL, OR OTHER LEGITIMATE USE FROM AN
UNDERGROUND OR SURFACE SOURCE WHERE THE SUPPLY HAS BEEN AFFECTED
BY CONTAMINATION, DIMINUTION, OR INTERRUPTION PROXIMATELY
RESULTING FROM DEEP MINING OPERATIONS.

(C)  (1) IF THE DEPARTMENT DETERMINES THAT THE WATER SUPPLY
HAS BEEN AFFECTED BY DEEP MINING OPERATIONS, THE DEPARTMENT SHALL
NOTIFY THE OPERATOR OF ITS DETERMINATION AND SHALL ESTABLISH A
REASONABLE SCHEDULE FOR THE OPERATOR TO REPLACE THE WATER SUPPLY.

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