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P-0395 - No Fault Well Repair Fund Policy 06-04-2002-9a
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P-0395 - No Fault Well Repair Fund Policy 06-04-2002-9a
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1/15/2009 4:42:04 PM
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1/15/2009 12:46:39 PM
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Date
6/4/2002
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. ' ~ ~~~~:2387 t ~:~: 335 <br />24. American Stone Company shall take all reasonable precautions to prevent fly rock from <br />leaving its property. <br />• 25. When blastin east of the current location of SR 1104 American Stone Com an shall <br />g ~ P Y <br />• monitor each blast with two seismographs. One seismograph shall be located at the nearest <br />off site occupied structure as required by American Stone Company's North Carolina <br />Mining Permit. The second seismograph shall be located at the nearest property line. <br />26. American Stone Company shall encourage all truck operators leaving the premises to be <br />mindful of lawful weight and safety of load practices, inuiuding the use of covers when <br />required by law. <br />27. American Stone Company will install a truck spray bar and rumble strips, and will require all <br />loaded trucks leaving the site to pass over the rumble strips, and will require all truck <br />operators with uncovered loads to wet their loads before leaving the site. <br />28.American Stone Company will post and maintain a notice in a prominent position visible to <br />all truck operators leaving the site encouraging them to keep their loads covered and advising <br />them that N. C. Gen. Stat.§ 20-116(g) prohibits a vehicle from being driven on any highway <br />unless the vehicle is constructed or loaded so as to prevent any of its load from dropping, <br />sifting, leaking or otherwise escaping from the vehicle. <br />29. American Stone Company and OWASA agree to compensate the owners of property <br />within a radius of 3,000 feet of the perimeter of the property encumbered by this permit <br />for the loss of fair market value of their property, if any, resulting from quarry operation <br />according to the following guidelines: <br />• (a) The property owner making the request must have continuously owned the <br />property in question since January 1, 1978. If the loss of fair market value is for <br />a structure, it must have been constructed prior to January 1, 1978. <br />(b) The property owner must have closed a sale of the property or a loan secured by the <br />property within thirty days prior to the date the owner makes a request under this section <br />and the owner must have made a good faith effort to obtain the maximum sale price or <br />appraised value in the case of a loan. <br />(c) Property owners may make use of this provision only one time for any single <br />property. <br />(d) The procedure for seeking compensation shall be as follows: <br />(i) The property owner shall notify OWASA in writing of the request. <br />(ii) OWASA and American Stone Company shall engage an MAI Appraiser <br />(Member of the American Institute of Realtors) from North Carolina who has not <br />been used by American Stone Company, Martin Marietta Materials, Inc. or <br />OWASA as of the date of the issuance of this special use permit for the purpose <br />of analyzing the sale or loan to determine whether the presence of the American <br />Stone quarry adversely impacted the contract price or the appraised value of the <br />• property in the case of a loan. American Stone Company and OWASA shall each <br />bear one-half of the cost of the appraisal. American Stone Company and <br />42 <br />
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