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tk;-Q-1;19'=+3 1U~27fY1 FR011 J. E. STOKER ~. H;:.i.r=1nT E~_ <br />TU 17E7©52Q75415~ P.22 <br />Page 341 <br />Section 4.20,3 <br />4.20,3 Surface Owler Protectim. <br />121(2)(a) (1) Eat person who conducts underground arining <br />activities shall adopt ail measures of the subsidence control <br />plan approved by the Division to redice the likel fhood of <br />subsidence. to prevent subsidence from causing material danege <br />ar reducing the value or reasonably foreseeable use of surface <br />lands, and to mitigate the effects of any such damage or <br />redaction whid~ may occur. <br />(2) Each person who conducts underground mining <br />activities -hlch result in subsidence chat causes material <br />damage or reduces the value or reasonably foreseeable use of <br />surface lands shall, with respect to each surface area affected <br />by subsidence: <br />(a) Restore, rehabilitate, or remove and replax <br />each damaged structure. feature or value. pranptly after damage <br />is suffered, is the condi ti an i t roul d be as 1 f no sUlsidence <br />had occurred and reasonably foreseeable uses it was capable of. <br />supporting before subsidence; --. <br />(b) Purchase the damaged structure or feature:for <br />its fair market, presubsidence value and shall pranptly after <br />slbsidence occurs, to the extent technologltally and <br />ecanomlcally feasible. restore the land surface to a condition <br />capable and appropriate of supporting the purchased structure, <br />and other foreseeable uses it was capable of supporting before <br />+oining, Hothing in 4.20.3 shall he deemed Lo grant or authcriza <br />an exercise of power of condemnation ar tt~e right of eminent <br />domain Dy any person engage4 in underground mining activities; d' <br />(c) Eaati person >rho conducts underg~ouhd mining <br />activities will compensate the ol~ner of any surface Structure 1n <br />full amount of the diminution in value resul ling from' <br />subsidence, by purchase prior to mining of a noncancelable, <br />premiu;o prepaid insurance policy or other means approved by the <br />6ivision as assuring before mining begins that pa Nnent will <br />occur; indetmify every person with an interest in file surface <br />for all damages suffered as a result of siDsidence; and, t~ the <br />extent technologically and ecmomlcally feasible, fully restore <br />the land to a condition capable of malntaininq reasonably <br />foreseeable uses Fhich it could support before subsidence. <br /> <br />Icry ~ -- <br />l~Ti~j.7ii'.f-...,.,, [~. <br />,. :'.:1 <br />F:as~;:.;c~~ , ..: <br />