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N 1. <br />.f/r,. ~. .i~ ~ • <br />~..~'. <br />. '4f.SELL'IY_=_YiQ~31:14~9___LII Q1Q~is]~S^_~ (t) (a) In dntermi Wing <br />the amount and duration of surety to bc+ required. the board. <br />Shall cOnSi.lc•r factual inform:~tiOn as to the m~~nitud9. <br />tyUPS antl cUSts Uf rNClaR.ation aCfivities I~lanned for the <br />' affected land and the nature, extent. and duration of the <br />mi~niny operation. The dmUUnt Of the Surety Shall be based <br />ori.the cost of r'eclaimin~3 only that portion of the affected <br />lands to be disturbed and the extent of such tlisturbancr. at <br />any one time during the various stages of the mining oper- <br />at i Un. . <br />(b) In determining whether the surety of an operator <br />must be guaranteed by a Corporate surety bond and in det?r- <br />mininy the form of surety to be provided by the operator if <br />Oiher than a bOndr the board shall consider. with respect <br />to the operator. such factors as his financial status. his <br />dS5et5 within the Sidte, his pdsC performance On COntrdCtUdl <br />agreements. and his facilities available to carry out the <br />planned work. The operator shall supply evidence of finan- <br />,~ cial.responsibil.ity for all surety other than a bond. <br />~, (C) Liability of an Operator under Surety proviSiOns <br />shall continue until such time as released in part or in <br />its entirety by the board. In no case shall surety be held <br />more Chan twelve months after ComplCtion of reclamation, <br />(d) Surety in an amount and form as determined by <br />the boartl shall be provided by the oper,ato.r prior to the <br />issuance of a permit pursuant to sections 34-32-11Z and <br />34-32-115. <br />(e) Surety under this section shall not be required <br />of units of county government if the government entity sub- <br />mits a written guarantee, in lieu oflsurety. stating that <br />Lhe affected lands will be reclaimed in accordance with the <br />%~•~ <br /> <br />erms o c e permit and section 34-32-116 of the M„< L.•„A /1e.1„..,..+:an Acf, <br />(2) any surety required under this article to be filed <br />by the operator shall be in such form as the board pre- <br />scribes, payable to the state of Colorado, and conditioned <br />that the operator snd11 faithfully pie dorm all requirements <br />of this article and comply with all rules .end regulations <br />Wade in dCCOr dance with the prOVi5iOn5 Of this article. <br />Such surety shall be signed by the operator as principal <br />and. if required, by a good and sufficient corporate surety <br />duthOfiZed to dU bUSine55 in this state. The penalty Of <br />such surety shall be in such amount as the board deems neces- <br />sary to insure the perfprm.~nc? of the duties of the operator <br />under LhiS artiClC with respect t0 the (~ffeCtCd lang. In <br />lieu of such surety. the operator may deposit cash and gov- <br />ernment securities with the board in an amount equal to <br />that of the required surety on conditions as prescribed in <br />this subsection (2). In the discretion of the board. surety <br />requirements inay also be fulfilled by using other lands. <br />property, or existing reclaimed areas if owned by the oper- <br />e nn .tuA v/orA'~~c, <br />addul by Me, <br />-~'~ <br /> <br />-24- <br />