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2007-05-10_ENFORCEMENT - C1981013
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2007-05-10_ENFORCEMENT - C1981013
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Last modified
8/24/2016 3:16:52 PM
Creation date
8/7/2009 3:58:43 PM
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Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Date
5/10/2007
Doc Name
DRMS Brief in Support of NOV CV2007001, Civil Penalty & Proposed Decision on SI
Violation No.
CV2007001
Media Type
D
Archive
No
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IBLA 96-90,96-91 <br />their State equivalents. Section 720(a) of SMCRA provides, in relevant pat that: <br />Underground coal mining operations conducted after October 24, 1992, shall comply with * * * the <br />following requirements: <br />(I) Promptly repair, or compensate for, material damage resulting from subsidence caused to any <br />occupied residential dwelling and structures related thereto * * * due to underground coal mining operations. <br />Repair of damage shall include rehabilitation, restoration, or replacement of the damaged occupied residential <br />dwel ling and structures related thereto * * *. Compensation shall be provided to the owner of the damaged <br />occupied residential dwelling and structures related thereto * * * and shall be in the till amount of the diminution <br />in value resulting from the:subsidence. <br />30 U.S.C. § 1309a(aX 1) (1994). To the same effect is 30 C.F.R. § 817.121(cX2). <br />"Material damage" is defined, in relevant part; as "[a)rry significant change in the condition, appearance or urtility ofany <br />structure * * * from its pre-subsidence condition." 30 C.F.R. § 701.5. The applicable State regulation, 2 Colo. Code Regs. § <br />4.20.3(2) (1991), specifically provides, in pertinent part, that: <br />Each person who. conducts underground mining activities which result in subsidence that causes material <br />damage * * * shall, with respect to each surface area affected by subsidence: <br />(a) Restore, rehabilitate, or remove and replace each damaged structure * * * promptly after damage is <br />suffered, to the condition it would be as if no subsidence had occurred * * *; <br />(b) Purchase the damaged structure * * * for its fair market, presubsidence value * * *; or <br />(c) Each person who conducts underground mining activities will compensate the owner ofany surface <br />structure in kill amount of the diminution in value resulting from subsidence * * *. <br />DMG concluded, with the concurrence ofOSM, that BRI's First North Main undergrornd workings had not caused <br />any damage to appellants' house as a result of mine subsidence. (Letter to OSM, dated Feb. 23, 1995, at 1; Letter to OSM, <br />dated Aug 23, 1995, at 1; Decision, dated SepL 18, 1995, at 1-2.) DMG based its conclusion on the opinion of its expert, <br />151 IBLA 303
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